Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Waiver of fixed penalty for emissions offence

20.—(1) A person to whom a fixed penalty notice has been issued in respect of an emissions offence may, within the period and in the manner specified in that notice, apply to the appropriate authority to waive the fixed penalty.

(2) An application under paragraph (1) must be in writing and must–

(a)contain such information, and

(b)be accompanied by such documentary evidence,

as the applicant considers likely to satisfy the authority in terms of paragraph (3).

(3) The authority may waive the fixed penalty entirely where it is satisfied–

(a)that the defect by reason of which the vehicle failed the test carried out pursuant to paragraph (2) or, as the case may be, regulation 9(3)(a) (“the regulation 9 test failure”), was rectified not later than 14 days after the date of that failure; and

(b)as to the matters in one of paragraphs 4(a) or (b).

(4) The matters referred to in paragraph (3)(b) are that–

(a)in the period of 12 months immediately preceding the regulation 9 test failure–

(i)the vehicle passed an examination under section 45 of the Road Traffic Act 1988; or

(ii)the vehicle failed such an examination, but none of the grounds on which it failed related to a requirement of regulation 61 or 61A of the 1986 Regulations; or

(b)all reasonable steps had been taken prior to the regulation 9 test failure to maintain the vehicle in a condition sufficient to comply with the requirements of those regulations 61 and 61A.

(5) Paragraph (3)(b) as it relates to paragraph (4)(a), will only apply if the date of the examination referred to in paragraphs (4)(a)(i) and (ii) precedes the date on which a person gives the permission referred to in regulation 9(1).

(6) As soon as practicable after determining an application under paragraph (1), the authority shall, by notice, inform the applicant of its decision.

(7) Except in a case in which the authority has waived the fixed penalty in its entirety, the authority’s notice under paragraph (5) shall include a statement of–

(a)the amount of the fixed penalty;

(b)the date by which the fixed penalty is to be paid, being whichever is the later of–

(i)the last day in the period specified, in accordance with regulation 17(h), in the fixed penalty notice, and

(ii)the day that falls 14 days after that on which the notice under paragraph (5) is issued; and

(c)the person to whom, the address at which, and the period within which a notice requesting a hearing may be sent.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources