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

Charge notices

8.—(1) Where an approved local authority has reason to believe that a charge is payable under Part II with respect to a vehicle, it may, in accordance with paragraphs (2) and (5), serve a notice (“charge notice”) on the registered keeper or on the person appearing to it to be the person liable to pay the charge.

(2) Subject to paragraph (3), a charge notice is to be served before the end of the period of 28 days beginning with the detection date.

(3) Where—

(a) within 14 days of the detection date an approved local authority has made a request to the Secretary of State for the supply of relevant particulars; and

(b) those particulars have not been supplied before the date after which the authority would not be entitled to serve a charge notice by virtue of paragraph (2),

the authority will continue to be entitled to serve a charge notice for a further period of 6 months beginning with the date mentioned in sub-paragraph (b).

(4) In paragraph (3) “relevant particulars” means particulars relating to the identity of the keeper of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the 1994 Act.

(5) A charge notice must include the following information—

(a) the registration mark of the vehicle involved in the alleged contravention;

(b) the detection date and the time at which the alleged contravention occurred;

(c) the reasons why the authority believe that a charge is payable;

(d) the amount of the charge;

(e) that the charge must be paid before the end of the 28 day period;

(f) that if the charge is paid before the end of the period of 14 days beginning with the date of service of the notice, the charge will be reduced by 50 per cent;

(g) that representations may be made, on any of the statutory grounds of appeal, to the authority against the imposition of the charge but that representations made outside the 28 day period may be disregarded;

(h) the statutory grounds of appeal;

(i) the postal address to which representations are to be sent;

(j) any email address or fax number to which representations may be sent as an alternative to the postal address;

(k) that if at the end of the 28 day period—

(i) no representations have been made; and

(ii) the charge has not been paid,

the authority may increase the charge by 50 per cent and take steps to enforce payment of the charge as so increased;

(l) the manner in which the charge may be paid;

(m) that if the representations are rejected an appeal may be made on any of the statutory grounds of appeal to an adjudicator in respect of a charge; and

(n) that the recipient may, by notice in writing to the authority, request it to provide the recipient, free of charge, with a copy of the record of contravention produced by the approved device pursuant to which the charge was imposed or with such still images from that record as, in the authority’s opinion, establish the contravention.

(6) Where the recipient makes a request under paragraph (5)(n), the authority must comply with the request within a reasonable time.