The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

The Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997 (“the 1997 Regulations”) empower certain local authorities in England, Scotland and Wales (“participating authorities”) to issue fixed penalty notices to users of vehicles within their areas who contravene or fail to comply with regulation 61, 61A or 98 of the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”). Those regulations are concerned with emissions of smoke, vapour, gases, oily substances, etc.

These Regulations replace the 1997 Regulations, for Scotland only.

Under these Regulations a local authority in Scotland may apply to the Scottish Ministers for designation. A local authority so designated may use fixed penalty notices to enforce offences under regulations 61 and 61A of the 1986 Regulations in its area.

These Regulations also provide for the enforcement by fixed penalty notice of offences under so much of regulation 98 of the 1986 Regulations as relates to the prevention of exhaust emissions.

In Part 1, regulation 2 defines terms used in the Regulations.

In Part 2, regulation 3 sets out how an application for designation can be made. Regulation 4 sets out the criteria for designation and requires a local authority to publish notice of a designation. Regulation 5 provides for the revocation of designations.

In Part 3, regulation 6 contains provisions relating to the authorisation of persons to carry out emission tests on vehicles, to ensure compliance with the stopping of engines of stationary vehicles and to issue fixed penalty notices.

In Part 4, regulation 7 prescribes two offences under the 1986 Regulations as fixed penalty offences for the purposes of these Regulations. The first is referable to regulations 61 and 61A of the 1986 Regulations, and attracts a fixed penalty of £60 under regulation 8(a). The second is referable to so much of regulation 98 of the 1986 Regulations as deals with the prevention of exhaust emissions, and attracts a fixed penalty of £20 under regulation 8(b). (The amounts may be increased in accordance with regulation 18.)

Part 5 contains provisions (regulations 9 to 11) which confer power to conduct emission tests and deal with other matters relevant to the first of the fixed penalty offences.

Part 6 contains provisions (regulations 12 to 15) which confer power to stop the running of the engine of a stationary vehicle and deal with other matters relevant to the second of the fixed penalty offences.

In Part 7, regulations 16 and 17 provide for the timing of the issue of fixed penalty notices and their content. Regulation 18 deals with the effect of fixed penalty notices, and provides for the increase of the penalty where payment is not made in accordance with the notice. Regulation 19 enables a person who has been issued with a fixed penalty notice to ask for a hearing in respect of the offence to which the notice relates. Regulation 20 provides for the making of an application to waive fixed penalties issued in respect of emissions offences altogether. Regulation 21 deals with the withdrawal of fixed penalty notices.

In Part 8, regulation 22 deals with the recovery of unpaid fixed penalties. Regulation 23 sets out the way in which notices shall be issued. Regulation 24 revokes the 1997 Regulations with respect to Scotland and saves the relevant provisions in the 1997 Regulations in respect of offences which have been committed prior to these Regulations coming into force.