The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Scotland) Regulations 2019

Interpretation

2.  In these Regulations—

“the 1978 Act” means the Refuse Disposal (Amenity) Act 1978,

“the 1984 Act” means the Road Traffic Regulation Act 1984,

“the authority”—

(a)

in relation to a vehicle removed by a constable or other operator acting in aid of Police Scotland means the chief constable of the Police Service of Scotland,

(b)

in relation to a vehicle removed by a local authority or other operator acting in aid of a local authority means that local authority,

“laden” means that the vehicle is carrying a load,

“load” means anything which, in the reasonable opinion of the authority, complicates or impedes the removal of the vehicle other than—

(a)

the body and all parts of the vehicle which are necessary to or ordinarily used with the vehicle when working on a road,

(b)

any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle,

(c)

the driver, any passengers and their personal effects,

(d)

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

(e)

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) and, for the purposes of regulation 3, includes the MAM of any trailer attached to a vehicle,

“off road” means that no part of the vehicle is in contact with the road, or that, in the reasonable opinion of the authority, the vehicle’s location is such that removal of the vehicle is of comparable complexity to a vehicle that is not in contact with the road,

“on road” means that any part of the vehicle is in contact with the road, and that, in the reasonable opinion of the authority, the vehicle’s location is not such that removal of the vehicle is of comparable complexity to a vehicle that is not in contact with the road,

“operator” means any person lawfully removing the vehicle,

“road” has the same meaning as in section 151 of the Roads (Scotland) Act 1984(3),

“significantly damaged” means that, in the reasonable opinion of the authority, there is significant damage to the vehicle such that it renders the removal of the vehicle complex,

“two wheeled vehicle” means a mechanically propelled vehicle constructed or adapted to have two wheels or fewer and the MAM of which does not exceed 3.5 tonnes,

“unladen” means that the vehicle is not carrying a load,

“upright” means that, in the reasonable opinion of the authority, the vehicle is upright to such an extent that its removal is not complicated or impeded,

“vehicle” means any motor vehicle and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle and anything attached to such a vehicle.

(1)

S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

(2)

S.I. 1999/2864, to which there are amendments not relevant to these Regulations.

(3)

1984 c.54. Section 151 was amended by section 168(1) and schedule 8, paragraph 94(b) of the New Roads and Street Works Act 1991 (c.22).