Transport (Scotland) Act 2019

Transport (Scotland) Act 2019

2019 asp 17

The Act

Part 6 – Pavement Parking, Double Parking and Parking at Dropped Kerbs

Enforcement of parking prohibitions

Moving motor vehicles parked contrary to parking prohibitions – section 62

385. Subsection (1) confers power on the Scottish Ministers to, by regulations, make provision for or about moving a motor vehicle which is parked in contravention of the pavement parking, the double parking or the dropped footway parking prohibition from its position on a road to another position on that road or on another road. The regulations will confer power on local authorities (and any person with whom a local authority has entered into arrangements with as mentioned in section 64) to move such motor vehicles.

386. Subsection (2) sets out examples of the kind of provision that may be made in regulations under subsection (1) in connection with the moving of motor vehicles, including om notification, the charges imposed for moving a vehicle, and the reviews and appeals for moving a vehicle.

387. Subsection (3) provides that the Scottish Ministers must consult with such persons or organisations as appears to them to be representative of drivers and other road users, and other persons as they consider appropriate before making these regulations.

388. The power under subsection (1) is subject to the negative procedure – see section 128(2).