Part 2Road works
Enforcement of certain offences under the Roads (Scotland) Act 1984
38Civil penalties for certain offences under the roads (Scotland) Act 1984
1
After section 130A of the Roads (Scotland) Act 1984 (as inserted by section 37 above) there is inserted—
130BCivil penalties for certain offences
1
The Scottish Ministers may, by regulations, make provision for or in connection with—
a
the imposition by roads authorities of penalty charges in respect of the offences which, under section 130A of this Act, are fixed penalty offences;
b
the payment of such charges.
2
The regulations shall include provision specifying the person or persons by whom a penalty charge in respect of an offence is to be paid (who may be or, as the case may be, include a person other than the person who committed the offence).
3
The regulations shall include provision—
a
prohibiting criminal proceedings or the giving of a fixed penalty notice in respect of any description of conduct for which a penalty charge may be imposed; or
b
securing that a penalty charge is not payable or is refunded where the conduct is the subject of criminal proceedings or of a fixed penalty notice.
4
The regulations shall include provision about the standard of proof required to establish the commission of an offence in respect of which a penalty charge may be imposed and may include other provision for or in connection with evidence and procedure.
5
The regulations may set different levels of penalty charges in respect of different offences and in respect of the same offences committed in different circumstances.
6
The regulations may include provision for and in connection with—
a
the notification of penalty charges to persons appearing to be liable to pay them;
b
the enabling and effect of the making of representations to roads authorities by persons who are or may be liable to pay those charges;
c
appeals by those persons against the imposition of those charges.
2
In section 143 of that Act (which includes provision as to regulations under the Act), in subsection (2)(b)(i) after “17” there is inserted “
or 130B
”
.