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The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011

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Liability of persons other than the registered keeper for charges

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6.—(1) A charge is to be paid—

(a)where the relevant vehicle is not registered under the 1994 Act, by the person by whom the relevant vehicle is kept at the time of the contravention;

(b)where the relevant vehicle—

(i)was at the time of the contravention the subject of a hiring agreement; and

(ii)the person hiring it, or an individual authorised to sign on that person’s behalf, has signed a statement of liability acknowledging that person’s liability in respect of any charge incurred during the currency of that hiring agreement,

by the person who has hired the vehicle under that hiring agreement;

(c)where—

(i)the relevant vehicle is kept by a vehicle trader; and

(ii)at the time of the contravention, a person other than the vehicle trader is the registered keeper of the relevant vehicle,

by the vehicle trader;

(d)where the registered keeper has sold or transferred the relevant vehicle before the time of the contravention, by the person by whom the relevant vehicle is kept at the time of the contravention.

(2) In this regulation—

“hiring agreement” means an agreement for the hire of a vehicle—

(a)

under the terms of which the vehicle is let to the hirer for a fixed period of any duration (whether or not that period is capable of extension by agreement between the parties or otherwise);

(b)

which contains such particulars as may for the time being be prescribed for the purpose of section 66 (hired vehicles) of the Road Traffic Offenders Act 1988(1); and

(c)

which is not a hire purchase agreement within the meaning of the Consumer Credit Act 1974(2); and

“vehicle trader” has the same meaning as in regulation 20(6) (change of keeper: general provisions) of the Road Vehicle (Registration and Licensing) Regulations 2002(3).

(2)

1974 c.39; the definition of “hire purchase agreement” is in section 189(1).

(3)

S.I. 2002/2742, to which there are amendments not relevant to these Regulations.

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