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1. (1) These Regulations may be cited as the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Scotland) Regulations 2011 and come into force on 22nd December 2011.
(2) These Regulations extend to Scotland only.
2. In these Regulations—
“the 1978 Act” means the Refuse Disposal (Amenity) Act 1978;
“the 1984 Act” means the Road Traffic Regulation Act 1984;
“damaged” means damage to a vehicle such that in the reasonable opinion of a constable it cannot be driven safely on the road;
“laden” means that the vehicle is carrying a load;
“load” means anything other than—
the body and all parts of the vehicle which are necessary to or ordinarily used with the vehicle when working on a road;
any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle;
the driver, any passengers and their personal effects;
a crane, works truck as defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986(1), or other special appliance or apparatus which is a permanent or essentially permanent fixture of the vehicle; and
any containers or other equipment intended or adapted for the purpose of holding or carrying a load by the vehicle;
“MAM” means maximum authorised mass as defined in regulation 3(1) of the Motor Vehicles (Driving Licences) Regulations 1999(2);
“off road” means that no part of the vehicle is in contact with the road;
“on road” means that any part of the vehicle is in contact with the road;
“road” means any length of the highway or of any other road to which the public has access, and includes bridges over which a road passes;
“two wheeled vehicle” means a mechanically propelled vehicle constructed or adapted to have two wheels or less and the MAM of which does not exceed 3.5 tonnes;
“upright” means that all parts of a vehicle are upright;
“unladen” means that the vehicle is not carrying a load;
“vehicle” means motor vehicle and includes any trailer attached to, or that has become disconnected from, an associated vehicle.
3. (1) The prescribed sums for the purposes of sections 4(5) and (6) of the 1978 Act and 101(4) and (5) of the 1984 Act, the prescribed charges for the purposes of sections 5(1)(a) of the 1978 Act and 102(2)(a) of the 1984 Act, the prescribed scale for the purposes of sections 5(1)(b) of the 1978 Act and 102(2)(b) of the 1984 Act, and the prescribed manner of determining charges for the purposes of sections 5(1)(c) of the 1978 Act and 102(2)(c) of the 1984 Act are as specified in—
(a)paragraph (2) in respect of the removal of a vehicle;
(b)paragraph (3) in respect of the storage, custody or retention of a vehicle; and
(c)paragraph (4) in respect of the disposal of a vehicle.
(2) The amount for removal of a vehicle of the type and in the position and condition described in column 1 of the table in Part 1 of Schedule 1, is the applicable amount specified in the corresponding entry in columns 2 to 5 of that table.
(3) The amount for each 24 hour period during which a vehicle of the type or weight described in column 1 of the table in Part 2 of Schedule 1 is stored, in custody or retained, is the amount specified in the corresponding entry in column 2 of that table.
(4) The amount for the disposal of a vehicle of the type or weight described in column 1 of the table in Part 3 of Schedule 1 is the amount specified in the corresponding entry in column 2 of that table.
(5) For the purposes of paragraph (3)—
(a)the first 24 hour period begins at noon on the first day after removal during which a vehicle is retained at a place where it can be claimed before noon of that day; and
(b)the amount is payable in respect of any part of a 24 hour period during which a vehicle is retained.
4. The instruments specified in Schedule 2 are revoked.
A member of the Scottish Executive
St Andrew’s House,
9th November 2011
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