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ROAD USER CHARGING (OR CONGESTION CHARGING) CONSULTATION

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Dear Consultee

ROAD USER CHARGING (OR CONGESTION CHARGING) CONSULTATION

CONSULTATION ON REGULATIONS TO BE MADE UNDER SECTIONS 49, 55, 56, 81 AND SCHEDULE 1 OF THE TRANSPORT (SCOTLAND) ACT 2001

I am writing to seek your comments on regulations to be made under the sections of the Transport (Scotland) Act 2001 as noted above. Drafts of the regulations, three sets in total, are attached.

• The Road User Charging (Liability for Charges) (Scotland) Regulations specify the persons liable for charges under a road user charging scheme;

• The Road User Charging (Penalty Charges) (Scotland) Regulations relate to the procedures involving the imposition and liability for penalty charges; examination of, and entry to, vehicles; powers of immobilisation, removal and disposal of vehicles; recovery of penalty charges in relation to removed vehicles; taking possession of vehicles; and claims by owners of vehicles after their disposal; and

• The Road User Charging (Keeping of Accounts and Relevant Expenses) (Scotland) Regulations relate to the form that the accounts of the charging scheme should take and how the net proceeds of the scheme are calculated. They will ensure that there is transparency and additionality.

Background

Section 49 of the Transport (Scotland) Act 2001 provides powers to local traffic authorities to introduce road user charging schemes in Scotland, where this can assist to achieve the objectives in that authorities local transport strategy. The Act also provides that a charging scheme may be made by two or more such authorities acting jointly. In addition, these powers apply to certain joint bridge boards. The Scottish Ministers have issued guidance for local authorities seeking to deliver integrated transport initiatives through road user charging and this can be found at:

http://www.scotland.gov.uk/library3/transport/rucguide.pdf.

The Act requires that a charging scheme shall be contained in an order made by the charging authority. A charging scheme shall not come into force until the order making it has been submitted to and confirmed by Scottish Ministers.

We would be very grateful if you would consider and respond to the questions in annex A of this letter. Your responses should be made in writing, preferably by e-mail to Julie.GrantSAAS@Scotland.gsi.gov.net or alternatively in writing to the address below:

Road User Charging Regulations Consultation
Scottish Executive
ETLLD: Transport: Road Pricing Team
Area 2-D (Dockside)
Victoria Quay
EDINBURGH
EH6 6QQ

Please call 0131 244 5095 for any queries regarding the consultation exercise. The closing date for the consultation is 8^th December 2004.

We would be grateful if you could clearly indicate in your response which set of regulations that you are commenting on as this will aid our analysis of the responses received. If you wish to access this consultation online, go to: http://www.scotland.gov.uk/view/views.asp. You can telephone Free phone 0800 77 1234 to find out where your nearest public internet access point is.

We would also be grateful if you could fill out the attached respondee information form and send it in with your response.

We will acknowledge all responses received as soon as possible and copies of all responses will be made available in the Scottish Executive library by 6^th January 2005. Responses will also be made available on the Scottish Executive website by 13^th January 2005. Feedback on the responses will be provided within 12 weeks of the close of the consultation. The final regulations will be made in due course.

Copies of this consultation can be provided in alternative formats and community languages on request.

Yours sincerely

KIRSTY LEWIN
Roads Policy and Group Finance Division
Road Pricing Team

ANNEX A

ROAD USER CHARGING (OR CONGESTION CHARGING) CONSULTATION

CONSULTATION ON REGULATIONS TO BE MADE UNDER SECTIONS 49, 55, 56, 81 AND SCHEDULE 1 OF THE TRANSPORT (SCOTLAND) ACT 2001

The Road User Charging (Liability for Charges) (Scotland) Regulations

Question:

• Are there any other circumstances in which the registered keeper should not be liable for the charge? What is your reasoning for this?

The Road User Charging (Penalty Charges) (Scotland) Regulations

Question:

• Do you agree with the procedures that we have specified to enable road user charging schemes to enforce payment of penalty charges? If not, what procedures would, in your view, be more appropriate and why?

The Road User Charging (Keeping of Accounts and Relevant Expenses) (Scotland) Regulations

Question:

• Do you agree with the duties on charging authorities that we propose in these regulations? If not, what would be a suitable alternative and why?

Access to consultation responses

We will make all responses available to the public in the Scottish Executive Library by 12 October 2004 and on the Scottish Executive consultation web pages unless confidentiality is requested. All responses not marked confidential will be checked for any potentially defamatory material before being logged in the library or placed on the website.

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