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Scottish Statutory Instruments

2005 No. 651

TRANSPORT

The Road User Charging (Liability for Charges) (Scotland) Regulations 2005

Made

19th December 2005

Laid before the Scottish Parliament

20th December 2005

Coming into force

30th January 2006

The Scottish Ministers, in exercise of the powers conferred by sections 49(4)(b), and 81(2) of the Transport (Scotland) Act 2001(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Road User Charging (Liability for Charges) (Scotland) Regulations 2005 and shall come into force on 30th January 2006.

Interpretation

2.—(1) In these Regulations–

Liability of registered keeper for charges

3.  The initial charge imposed in respect of any motor vehicle by a charging scheme shall be payable by the registered keeper unless regulation 4 applies.

Liability of persons other than the registered keeper for charges

4.—(1) The initial charge imposed in respect of any motor vehicle by a charging scheme shall be payable–

(a)where the relevant vehicle is not registered under the Vehicle Excise and Registration Act 1994, by the person by whom the relevant vehicle was used or kept on a road at the relevant time;

(b)where the registered keeper has demonstrated to the charging authority that either the circumstances specified in regulation 4(2)(a) or those specified in regulation 4(2)(b) exist, by the person by whom the relevant vehicle was kept at the relevant time;

(c)where the registered keeper has–

(i)demonstrated to the charging authority that the circumstances specified in regulation 4(2)(c) exist; and

(ii)provided the charging authority with a statement of the name and address of that person,

by the hirer of the vehicle at the relevant time.

(2) The circumstances specified are that–

(a)at the relevant time the relevant vehicle was kept by a person who was a vehicle trader as defined by regulation 20(6) of the 2002 Regulations;

(b)before the relevant time the registered keeper had notified the Secretary of State in writing, in accordance with regulation 21, 22, 23, 24, or 25 of the 2002 Regulations, that there had been a change in the keeper of the relevant vehicle so that it was no longer kept by him; or

(c)at the relevant time–

(i)the registered keeper of the relevant vehicle was a vehicle-hire firm;

(ii)the relevant vehicle was hired from that firm under a hiring agreement; and

(iii)the person hiring it had signed a statement of liability acknowledging that the person accepts liability for any charges incurred under a charging scheme during the currency of the hiring agreement.

(3) The date on which the registered keeper shall be taken for the purposes of these Regulations to have notified the Secretary of State as mentioned in paragraph (2)(b) shall be the date on which service on the Secretary of State is to be taken to have been effected in accordance with section 7 of the Interpretation Act 1978(5)–

(a)in a case where regulation 21 of the 2002 Regulations applies, the information specified in regulation 21(2)(b) of those Regulations;

(b)in a case where regulation 22 of the of the 2002 Regulations applies, parts of the registration document in accordance with regulation 22(2)(b) of those Regulations;

(c)in a case where regulation 23 of the 2002 Regulations applies, notification in accordance with regulation 23(2) of those Regulations;

(d)in a case where regulation 24 of the 2002 Regulations applies, the information and declarations in accordance with regulation 24(5)(a) of those Regulations; or

(e)in a case where regulation 25 of the 2002 Regulations applies, notification in accordance with regulation 25(1)(a) of those Regulations.

TAVISH SCOTT

A member of the Scottish Executive

St Andrew’s House, Edinburgh

19th December 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify the persons liable for charges for road user charging schemes, under section 49(4) of the Transport (Scotland) Act 2001.