Vehicle idling: guidance for local authorities
This guidance supports local authorities in tackling vehicle idling offences by providing information on the applicable regulations and the process for issuing Fixed Penalty Notices.
Annex
Legal basis of monitoring for vehicle idling
The powers to monitor for vehicle idling are recognised in Scottish law. Below is a brief overview of the relevant statutory provisions which local authorities and authorised persons will use:
Regulation 98 of the Road Vehicles (Construction and Use) Regulations 1986 provides that drivers of vehicles must stop a vehicle engine running unnecessarily while that vehicle is stationary.
Regulation 107 of the Road Vehicles (Construction and Use) Regulations 1986 provides that no person shall leave a vehicle unattended with the engine running.
Section 42 of the Road Traffic Act 1988 makes it a criminal offence to contravene or fail to comply with any construction or use requirement other than one within section 41A(a) or 41B(1)(a) or 41D of that Act. This provision makes it an offence to contravene or fail to comply with regulations 98 and 107 of the Road Vehicles (Construction and Use) Regulations 1986.
The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003 prescribes stationary idling offences under section 42 of the Road Traffic Act 1988 (that is, a contravention or failure to comply with Regulation 98 of the Road Vehicles (Construction and Use) Regulations 1986) as fixed penalty offences for the purposes of the Regulations so as to enable authorised persons to issue FPNs for stationary idling offences. The fixed penalty amount is £20.00, rising to £40 where the FPN is not paid within the payment period. Regulation 12(1) of the Regulations provides a power to require that a driver stop the running of the engine of a vehicle where an authorised person has reasonable cause to believe that a stationary idling offence is being committed. Regulation 12(2) makes it an offence to fail to comply with a requirement under regulation 12(1). Regulation 14 (1) provides a power to the authorised person to require disclosure of identification information from a driver to whom a requirement under regulation 12(1) is imposed; failure to provide this information is a criminal offence. These powers are available to authorised persons of all local authorities in Scotland, irrespective of their designation status under the Regulations.