Transport (Scotland) Act 2019

Enforcement of parking prohibitions

58 Imposition of penalty charges

(1) Where a person parks a motor vehicle in contravention of the pavement parking prohibition, the double parking prohibition or the dropped footway parking prohibition, a penalty charge is payable in respect of the contravention.

(2) Where a local authority considers that a penalty charge is payable under subsection (1) in respect of a contravention occurring in its area, it may issue a notice imposing a penalty charge (a “penalty charge notice”) in accordance with regulations under section 59(1).

(3) A penalty charge notice may be issued under subsection (2) only on the basis of—

(a) conduct observed by an authorised enforcement officer, or

(b) a record produced by an approved device.

(4) A penalty charge imposed under subsection (2) is payable—

(a) by the registered keeper of the motor vehicle, or

(b) in such circumstances, following consultation with such persons as they consider appropriate, as may be specified in regulations made by the Scottish Ministers, by such other person as may be so specified.

(5) The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make provision for or in connection with the amount that may be imposed as a penalty charge, which may include provision for discounts and surcharges.

(6) In this section—

• “approved device” means a device approved under or in accordance with regulations under section 59(1),

• “authorised enforcement officer” means an individual—

  (a)

  appointed in connection with the enforcement of the pavement parking prohibition, the double parking prohibition or the dropped footway parking prohibition—

  (i)

  by the local authority, or

  (ii)

  by a person with whom the local authority has entered into arrangements as mentioned in section 64, and

  (b)

  in a uniform of a type determined by the local authority in accordance with any directions given under section 67(1),

• “registered keeper”, in relation to a penalty charge imposed in connection with a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 at the time of the contravention to which the penalty charge relates.

59 Enforcement of parking prohibitions

(1) The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate, make provision for or in connection with the enforcement of the pavement parking prohibition, the double parking prohibition and the dropped footway parking prohibition.

(2) Regulations under subsection (1) may, in particular, make provision for or about—

(a) the approval by the Scottish Ministers of devices to be used in connection with the detection of a contravention of a prohibition,

(b) the notification of a penalty charge, including the form, content and method of notification,

(c) the timing and manner of payment of a penalty charge,

(d) reviews and appeals (including grounds of review or appeal) in connection with the imposition of penalty charges,

(e) the manner in which a penalty charge may be enforced,

(f) steps that may be taken following the cancellation of a penalty charge, which may include the issuing of another penalty charge in respect of the same contravention.

(3) Regulations under subsection (1) may not confer power to stop motor vehicles.

(4) Regulations under subsection (1) may include provision—

(a) creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be prescribed by the regulations,

(b) securing that a penalty charge is not required to be paid, or is to be refunded, where the conduct in respect of which the penalty charge is imposed is the subject of—

(i) criminal proceedings,

(ii) a fixed penalty notice (within the meaning of section 52(1) of the Road Traffic Offenders Act 1988),

(iii) a penalty charge notice issued under section 66(1) of the Road Traffic Act 1991 (as applied by an order under paragraph 1 or 2 of schedule 3 of that Act),

(c) securing that a record produced by an approved device is sufficient evidence of the fact recorded in the record in such circumstances as may be specified in the regulations.

60 Power to install approved devices

(1) A traffic authority may install and maintain, or secure the installation and maintenance of, approved devices on a road for use in connection with the detection of a contravention of—

(a) the pavement parking prohibition,

(b) the double parking prohibition, or

(c) the dropped footway parking prohibition.

(2) The traffic authority may remove, or secure the removal of, anything installed under subsection (1).

(3) Where the traffic authority is not the local authority for the area in which a device is to be installed, the traffic authority may enter into an arrangement with that local authority under which the local authority is to—

(a) exercise the functions under subsection (1) in relation to the device, or

(b) assist the traffic authority in connection with the exercise of those functions.

(4) In subsection (1), “approved devices” has the meaning given by section 58(6).