PART 6Parking prohibitions

Removal, moving and disposal of motor vehicles

61Removal 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.

62Moving 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.

63Disposal 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.