The Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021

Liability of persons other than the registered keeper for penalty charges

5.—(1) A penalty charge under section 6(2) of the 2019 Act is payable by a person other than the registered keeper of a vehicle in the circumstances specified in paragraphs (2) to (5).

(2) Where the relevant vehicle is not registered in terms of section 21 (registration of vehicles) of the 1994 Act(1), a penalty charge is payable by the person by whom the relevant vehicle was used or kept at the time of the contravention.

(3) Where the registered keeper has sold or transferred the relevant vehicle before the time of the contravention, a penalty charge is payable by the person by whom the relevant vehicle was used or kept at the time of the contravention.

(4) Where at the time of the contravention—

(a) the registered keeper of the relevant vehicle was a vehicle hire firm, and

(b) the relevant vehicle was hired to a person under a hiring agreement with the vehicle hire firm,

a penalty charge is payable by the person hiring the relevant vehicle.

(5) Where at the time of the contravention the relevant vehicle was used or kept by a person who was a vehicle trader and that vehicle trader was not the registered keeper, a penalty charge is payable by that person.

(6) 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(2), and

(c)

which is not a hire-purchase agreement within the meaning given to that term by section 189(1) (definitions) of the Consumer Credit Act 1974(3),

“vehicle trader” has the same meaning as in regulation 3(1) (interpretation) of the Road Vehicle (Registration and Licensing) Regulations 2002(4).

(1)

1994 c.22. Section 21(1) was substituted by paragraph 2 of schedule 3 of the Finance Act 1997 (c.16), and section 21(2) was amended, and section 21(4) substituted, by paragraph 33 of schedule 4 of the Finance Act 1995 (c.4).

(2)

1988 c.53. Section 66 was relevantly amended by paragraph 1 of schedule 7 of the Road Safety Act 2006 (c.49).

(3)

1974 c.39.

(4)

S.I. 2002/2742. Regulation 3(1) was relevantly amended by S.I. 2015/403.