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ROAD USER CHARGING (OR CONGESTION CHARGING) CONSULTATION

Scottish Statutory Instruments

2004 No.
TRANSPORT

The Road User Charging (Liability for Charges) (Scotland) Regulations 2004

The Scottish Ministers, in exercise of the powers conferred by sections 49(4)(b), and 81(2) of the Transport (Scotland) Act 2001(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Road User Charging (Liability for Charges) (Scotland) Regulations 2004 and shall come into force on           2004.

Interpretation

2. –(1) In these Regulations—

"charging area" means, all roads in respect of which the charging authority, or either (or any) of the charging authorities, are the local traffic authority or such part thereof as may be specified in a charging scheme;

"hiring agreement" has the same meaning as in section 66(8) of the Road Traffic Offenders Act 1988(2);

"the Registration and Licensing Regulations 2002" means the Road Vehicles (Registration and Licensing) Regulations 2002(3);

"vehicle" means motor vehicle; and

"vehicle-hire firm" has the same meaning as in section 66(8) of the Road Traffic Offenders Act 1988.

(2) For the purposes of these Regulations the registered keeper shall be presumed to be the owner of a vehicle registered under the Vehicle Excise and Registration Act 1994(4).

Liability of registered keeper for charges

3.- Under section 49(4) of the Transport (Scotland) Act 2001 charges imposed in respect of any motor vehicle by a charging scheme shall be payable by the registered keeper unless regulation 4 applies.

Liability of persons other than the registered keeper for charges

4.–(1) In this regulation—

(a) "relevant vehicle" means a vehicle in respect of which a charges is imposed by a charging scheme arising out of its having been used or kept on a road in a charging area designated by the scheme as a road in respect of which a charge is imposed; and

(b) "relevant time" means the time at which a relevant vehicle was so used or kept on that road.

(b) where at the relevant time the relevant vehicle was kept by a person who was a vehicle trader as defined by regulation 20(6) of the Registration and Licensing Regulations 2002 and that person was not the registered keeper, charges shall be payable by that person;

(c) where before the relevant time the registered keeper had notified the Secretary of State in writing, in accordance with regulation 21, 22, 23, 24, or 25 of the Registration and Licensing Regulations 2002, that there had been a change in the keeper of the relevant vehicle so that it was no longer kept by him, charges shall be payable by the person by whom the vehicle was kept at the relevant time;

(d) where at the relevant time—

charges shall be payable by the hirer of the vehicle.

(3) The date on which the registered keeper shall be taken for the purposes of these Regulations to have notified the Secretary of State as mentioned in paragraph (2)(c) shall be the date on which service on the Secretary of State is to be taken to have been effected in accordance with paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament Order 1999(5) of—

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

                                     2004

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations specify the persons liable for charges for road user charging schemes, under section 49(4) of the Transport (Scotland) Act 2001.

EXECUTIVE NOTE

The Road User Charging (Liability for Charges) (Scotland) Regulations 2004 (S.S.I. 2004/****)

The above instrument was made in exercise of the powers conferred by section 49(4)(b) and 81(2) of the Transport (Scotland) Act 2001. The instrument is subject to negative resolution procedure.

Policy Objectives

The Scottish Executive report "Scotland’s transport future — the transport white paper" was published in June 2004 and set out the vision for Scotland’s transport future. The challenge is to transform Scotland’s transport making it more reliable, accessible and customer friendly. It must deliver high quality services to passengers and business. The importance of transport is increasing. In Scotland’s transport future we set out our proposals.

Increasing traffic levels are causing environmental problems, congestion, delays and unpredictable journeys. Even where good alternatives exist, too few people are leaving their cars at home. Doing nothing will simply cause problems for future generations. Road user charging is a critical part of demand management, associated with driving on a particular road at a particular time. It acknowledges that road space is a scarce resource to be shared fairly. It can tackle congestion, raise transport revenues for infrastructure and address environmental impacts.

The legislation for charging schemes is enabling legislation. It sets out the statutory framework for road user charging schemes. This enables a local authority to introduce a charging scheme on roads for which it has responsibility.

These regulations specify those persons - other than the registered keeper of a vehicle who is already specified in the Act - who are liable for charges under road user charging schemes.

Financial Effects

The instrument has no financial effects on the Scottish Executive or Local Government.

Regulatory Impact Assessment

There has been no Regulatory Impact Assessment (RIA) undertaken in respect of the regulations. The making of the regulations in themselves will have no impact upon Scottish businesses. The regulations merely set out the framework within which a local authority that wishes to implement a charging scheme must operate. It is up to individual local authorities whether or not they wish to implement such a scheme.

ETLLD Transport 1:2
April 2004

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