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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2003 No. 212

ROAD TRAFFIC, SCOTLAND

The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003

  Made 20th March 2003 
  Coming into force 21st March 2003 


ARRANGEMENTS OF REGULATIONS


PART 1

Introductory
1. Citation, commencement and application
2. Interpretation

PART 2

Designation of Local Authorities
3. Application for designation
4. Designation
5. Revocation of designation

PART 3

Authorisations
6. Authorisations

PART 4

Tests
7. Fixed penalty offences
8. Amount of penalty

PART 5

Tests
9. On the spot and deferred emissions tests
10. Issue of fixed penalty notice: emissions offence
11. Furnishing of information for the purposes of Part 5

PART 6

Stopping of Engines
12. Stopping of an engine when vehicle stationary
13. Issue of fixed penalty notice: stationary idling offence
14. Furnishing of information for the purposes of Part 6
15. Information for the purposes of Regulations 11 and 14

PART 7

Fixed Penalty Notices
16. Time for issue of notice
17. Contents of notice
18. Effect of issue of fixed penalty notice
19. Notice requesting a hearing
20. Waiver of fixed penalty for emissions offence
21. Withdrawal of fixed penalty notice

PART 8

Miscellaneous
22. Recovery of unpaid fixed penalties
23. Issue of notices
24. Revocation and savings

The Scottish Ministers, in exercise of the powers conferred by sections 87(1)(c), (2) and (5) of, and paragraph 5 of Schedule 11 to, the Environment Act 1995[
1] and of all other powers enabling them in that behalf, and after consultation with the Scottish Environment Protection Agency and with such bodies appearing to them to be representative of the interests of local government and of industry and with such other bodies and persons as they consider appropriate in accordance with section 87(7) of that Act, hereby make the following Regulations, a draft of which has, in accordance with section 87(8) of that Act, been laid before and approved by resolution of the Scottish Parliament:



PART 1

INTRODUCTORY

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003 and shall come into force on the day after the day on which they are made.

    (2) These Regulations extend to Scotland only.

Interpretation
    
2.  - (1) In these Regulations-

    (2) Unless the context otherwise provides, any reference in these Regulations to-



PART 2

DESIGNATION OF LOCAL AUTHORITIES

Application for designation
     3.  - (1) A local authority may apply to the Scottish Ministers to be a designated local authority.

    (2) An application under paragraph (1) must be in writing.

Designation
    
4.  - (1) If the Scottish Ministers, having received an application from a local authority under regulation 3, are satisfied as to the matters referred to in paragraph (2), they shall, by an instrument in writing, designate that authority.

    (2) The matters referred to in paragraph (1) are that-

    (3) A designated local authority shall

publish a notice in one or more newspapers circulating in the area of the local authority, one or more national newspapers and the Edinburgh Gazette.

    (4) A notice published under paragraph (3) must-

    (5) A designated local authority may, in relation to its area, exercise such of the powers conferred by the following provisions of these Regulations as relate to offences.

Revocation of designation
    
5.  - (1) If in respect of a designated authority the Scottish Ministers are not satisfied that regard is being had to any guidance they have issued pursuant to section 88 in relation to the discharge by local authorities of their powers and duties under these regulations, they may, subject to paragraph (2), by notice served on the authority, revoke its designation.

    (2) The Scottish Ministers shall not serve a notice under paragraph (1) unless they have by notice informed the authority-

    (3) A notice under paragraph (1) shall specify the date on which the revocation is to take effect, and shall be accompanied by a statement of the Scottish Ministers' reasons for revoking the designation.



PART 3

AUTHORISATIONS

Authorisations
    
6.  - (1) A designated local authority may, subject to paragraph (2), authorise any officer of the authority, or any other person, on production of evidence of that authorisation-

    (2) A person may not be authorised under paragraph (1) unless the authority is satisfied that that person has successfully completed a course of training on testing emissions which has been approved by the Scottish Ministers.

    (3) A local authority (whether or not a designated local authority) may authorise any officer of the authority, or any other person, in any area of that authority-



PART 4

FIXED PENALTY OFFENCES

Fixed penalty offences
    
7. Emissions offences and stationary idling offences under section 42 of the Road Traffic Act 1988[4] are hereby prescribed as fixed penalty offences for the purposes of these Regulations.

Amount of penalty
     8. Subject to regulation 18, a person may discharge any liability to conviction-



PART 5

TESTS

On-the-spot and deferred emissions tests
    
9.  - (1) An authorised person may require a person driving on a road a motor vehicle which is in, or which is about to pass through, or which has passed through, the area of the appropriate authority to permit that motor vehicle to be the subject of a test for the purpose of determining whether an emissions offence is being or has been committed.

    (2) Subject to paragraph (3), the test referred to in paragraph (1) shall be carried out immediately by an authorised person.

    (3) An authorised person may, instead of proceeding immediately with the test-

    (4) When imposing a requirement under paragraph (3)(b), the authorised person shall also-

    (5) The date specified under paragraph (4)(b)(i) shall be within 21 days of the day on which the authorised person imposes the requirement under paragraph (3)(b).

    (6) A requirement for the production of a certificate or notice under paragraph (4)(a) shall not be treated as satisfied unless the date of issue of the document produced is on or after the date on which the requirement was imposed.

    (7) A person who fails to comply with a requirement imposed by virtue of paragraphs (1), (3)(a) or (4)(a), of this regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (8) In this regulation-

Issue of fixed penalty notice: emissions offence
     10. Where-

that authorised person may, in accordance with Part 7, issue a fixed penalty notice to that person.

Furnishing of information for the purposes of Part 5
    
11.  - (1) In connection with the discharge of an authorised person's functions under this Part, an authorised person may require the driver of a vehicle in respect of which a requirement under regulation 9(1) is imposed to disclose to the authorised person the information set out in regulation 15.

    (2) A person who fails to comply with a requirement to furnish information under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.



PART 6

STOPPING OF ENGINES

Stopping of an engine when vehicle stationary
    
12.  - (1) An authorised person who has reasonable cause to believe that the driver of a vehicle that is stationary on a road is committing a stationary idling offence may, upon production of evidence of that authorised person's authorisation, require the driver to stop the running of the engine of that vehicle.

    (2) A person who fails to comply with a requirement under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Issue of fixed penalty notice: stationary idling offence
    
13. An authorised person who considers that a stationary idling offence has been committed may, in accordance with Part 7, issue a fixed penalty notice to the driver of the vehicle.

Furnishing of information for the purposes of Part 6
    
14.  - (1) In connection with the discharge of an authorised person's functions under this Part, an authorised person may require the driver of a vehicle in respect of which a requirement under regulation 12(1) is imposed to disclose to that authorised person the information set out in regulation 15.

    (2) A person who fails to comply with a requirement to furnish information under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Information for the purposes of regulations 11 and 14
    
15. The information which may be required under regulations 11 and 14 is-



PART 7

FIXED PENALTY NOTICES

Time for issue of notice
     16. A fixed penalty notice under regulation 10 or regulation 13 shall be issued at the time the authorised person referred to in those regulations considers that an emissions offence or a stationary idling offence has been committed.

Contents of notice
    
17. A fixed penalty notice shall give such particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary to give reasonable information as to the offence including-

Effect of issue of fixed penalty notice
    
18.  - (1) This regulation applies where a fixed penalty notice is issued under regulation 10 or 13.

    (2) References in the following provisions of this regulation to the recipient are references to the person to whom the fixed penalty notice is issued.

    (3) No proceedings shall be instituted against the recipient for the offence to which the fixed penalty notice relates before the expiry of the period for paying the penalty unless the recipient has given notice requesting a hearing.

    (4) A person shall not be convicted of an offence in connection with which a fixed penalty notice has been issued if the fixed penalty is paid before the expiry of the period for paying it.

    (5) Where-

the fixed penalty shall be increased as mentioned in paragraph (6).

    (6) A fixed penalty-

    (7) Where a notice under regulation 20(6) includes such a statement as is mentioned in regulation 20(7), references in paragraphs (3) and (4) of this regulation to the period for paying the fixed penalty shall be treated as references to the period ending with the date specified in accordance with regulation 20(7)(b).

Notice requesting a hearing
    
19.  - (1) A person to whom a fixed penalty notice has been issued may, within the period and in the manner specified-

give notice requesting a hearing in respect of the offence to which the fixed penalty notice relates.

    (2) Where notice requesting a hearing is given-

Waiver of fixed penalty for emissions offence
    
20.  - (1) A person to whom a fixed penalty notice has been issued in respect of an emissions offence may, within the period and in the manner specified in that notice, apply to the appropriate authority to waive the fixed penalty.

    (2) An application under paragraph (1) must be in writing and must-

as the applicant considers likely to satisfy the authority in terms of paragraph (3).

    (3) The authority may waive the fixed penalty entirely where it is satisfied-

    (4) The matters referred to in paragraph (3)(b) are that-

    (5) Paragraph (3)(b) as it relates to paragraph (4)(a), will only apply if the date of the examination referred to in paragraphs (4)(a)(i) and (ii) precedes the date on which a person gives the permission referred to in regulation 9(1).

    (6) As soon as practicable after determining an application under paragraph (1), the authority shall, by notice, inform the applicant of its decision.

    (7) Except in a case in which the authority has waived the fixed penalty in its entirety, the authority's notice under paragraph (5) shall include a statement of-

Withdrawal of fixed penalty notice
    
21.  - (1) A fixed penalty notice may be withdrawn in any case in which the appropriate authority determines that it-

    (2) Where a fixed penalty notice has been withdrawn in accordance with paragraph (1)-



PART 8

MISCELLANEOUS

Recovery of unpaid fixed penalties
    
22. Where a fixed penalty which has not been paid by the date specified for its payment in accordance with regulation 17(h) or, as the case may be, regulation 20(7)(b), is increased as mentioned in regulation 18(6), it shall be enforceable in a like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

Issue of notices
    
23.  - (1) A notice issued for any purpose of these Regulations by a local authority or an authorised person may be issued by giving it to the person to whom it is issued and such a notice shall be taken to have been issued at the time when it is so given.

    (2) A notice issued for the purposes of these Regulations by a local authority may be issued by properly addressing, pre-paying and posting a letter containing the notice to that person and such a notice shall be taken to have been issued at the time when the letter containing it is posted.

Revocation and savings
    
24.  - (1) Subject to paragraph (2), the 1997 Regulations shall be revoked.

    (2) Regulations 6 to 12 of the 1997 Regulations shall continue to have effect in respect of any fixed penalty notice issued under regulation 5 of the 1997 Regulations on any day before the day on which these Regulations come into force.


ALLAN WILSON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
20th March 2003



EXPLANATORY NOTE

(This note is not part of the Regulations)


The Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997 ("the 1997 Regulations") empower certain local authorities in England, Scotland and Wales ("participating authorities") to issue fixed penalty notices to users of vehicles within their areas who contravene or fail to comply with regulation 61, 61A or 98 of the Road Vehicles (Construction and Use) Regulations 1986 ("the 1986 Regulations"). Those regulations are concerned with emissions of smoke, vapour, gases, oily substances, etc.

These Regulations replace the 1997 Regulations, for Scotland only.

Under these Regulations a local authority in Scotland may apply to the Scottish Ministers for designation. A local authority so designated may use fixed penalty notices to enforce offences under regulations 61 and 61A of the 1986 Regulations in its area.

These Regulations also provide for the enforcement by fixed penalty notice of offences under so much of regulation 98 of the 1986 Regulations as relates to the prevention of exhaust emissions.

In Part 1, regulation 2 defines terms used in the Regulations.

In Part 2, regulation 3 sets out how an application for designation can be made. Regulation 4 sets out the criteria for designation and requires a local authority to publish notice of a designation. Regulation 5 provides for the revocation of designations.

In Part 3, regulation 6 contains provisions relating to the authorisation of persons to carry out emission tests on vehicles, to ensure compliance with the stopping of engines of stationary vehicles and to issue fixed penalty notices.

In Part 4, regulation 7 prescribes two offences under the 1986 Regulations as fixed penalty offences for the purposes of these Regulations. The first is referable to regulations 61 and 61A of the 1986 Regulations, and attracts a fixed penalty of £60 under regulation 8(a). The second is referable to so much of regulation 98 of the 1986 Regulations as deals with the prevention of exhaust emissions, and attracts a fixed penalty of £20 under regulation 8(b). (The amounts may be increased in accordance with regulation 18.)

Part 5 contains provisions (regulations 9 to 11) which confer power to conduct emission tests and deal with other matters relevant to the first of the fixed penalty offences.

Part 6 contains provisions (regulations 12 to 15) which confer power to stop the running of the engine of a stationary vehicle and deal with other matters relevant to the second of the fixed penalty offences.

In Part 7, regulations 16 and 17 provide for the timing of the issue of fixed penalty notices and their content. Regulation 18 deals with the effect of fixed penalty notices, and provides for the increase of the penalty where payment is not made in accordance with the notice. Regulation 19 enables a person who has been issued with a fixed penalty notice to ask for a hearing in respect of the offence to which the notice relates. Regulation 20 provides for the making of an application to waive fixed penalties issued in respect of emissions offences altogether. Regulation 21 deals with the withdrawal of fixed penalty notices.

In Part 8, regulation 22 deals with the recovery of unpaid fixed penalties. Regulation 23 sets out the way in which notices shall be issued. Regulation 24 revokes the 1997 Regulations with respect to Scotland and saves the relevant provisions in the 1997 Regulations in respect of offences which have been committed prior to these Regulations coming into force.


Notes:

[1] 1995 c.25. See section 91(1) for the definitions of "prescribed" and "regulations". The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] 1986/1078; relevant amending instruments relating to emissions are S.I. 1990/1131, 1992/2137, 1993/2199, 1995/2210, 1997/1544, 1998/1, 1998/1563, 2000/3197, 2001/306, 2001/1825 and 2001/3208.back

[3] S.I. 1997/3058.back

[4] 1998 c.52. Section 42 was substituted by section 8(2) of the Road Traffic Act 1991 (c.40).back

[5] S.I. 1981/1694. Schedule 2 was substituted by S.I. 1991/2229 as amended by S.I. 1992/3160 and 1998/1672.back

[6] 1994 c.22.back



ISBN 0 11062294 4


 
© Crown copyright 2003
Prepared 2 April 2003


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