Transport (Scotland) Act 2019

Removal, moving and disposal of motor vehicles

61 Removal of motor vehicles parked contrary to parking prohibitions

(1) The Scottish Ministers may by regulations make provision for or about the removal from a road of a motor vehicle which is parked in contravention of the pavement parking prohibition, the double parking prohibition or the dropped footway parking prohibition.

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

(a) notification of the removal of a motor vehicle,

(b) storage of a motor vehicle that has been removed,

(c) circumstances in which a motor vehicle that has been removed is to be returned,

(d) charges that may be imposed in connection with the removal or storage of a motor vehicle,

(e) reviews and appeals (including grounds of review or appeal) in connection with the removal of a motor vehicle.

(3) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) such persons or organisations as appear to them to be representative of drivers and other road users, and

(b) such other persons as they consider appropriate.

62 Moving motor vehicles parked contrary to parking prohibitions

(1) The Scottish Ministers may by regulations make provision for or about the moving, from a position on a road to another position on the road or on another road, of a motor vehicle which is parked in contravention of—

(a) the pavement parking prohibition,

(b) the double parking prohibition, or

(c) the dropped footway parking prohibition.

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

(a) notification of the moving of a motor vehicle,

(b) charges that may be imposed in connection with the moving of a motor vehicle,

(c) reviews and appeals (including grounds of review or appeal) in connection with the moving of a motor vehicle.

(3) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) such persons or organisations as appear to them to be representative of drivers and other road users, and

(b) such other persons as they consider appropriate.

63 Disposal of removed motor vehicles

(1) The Scottish Ministers may by regulations make provision for or about the disposal of a motor vehicle which has been removed from a road pursuant to regulations under section 61(1).

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

(a) the procedure to be followed before a motor vehicle may be disposed of,

(b) the manner in which a motor vehicle may be disposed of,

(c) charges that may be imposed in connection with the disposal of a motor vehicle,

(d) the application of any proceeds of the disposal of a motor vehicle, including any deductions from such proceeds,

(e) reviews and appeals (including grounds of review or appeal) in connection with the disposal of a motor vehicle,

(f) the effect of the disposal of a motor vehicle on any right of the Crown (based on the Crown’s right of ownership in lost or abandoned property) in such a vehicle.

(3) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) such persons or organisations as appear to them to be representative of drivers and other road users, and

(b) such other persons as they consider appropriate.