The Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021

Made: 24th March 2021

Coming into force: 31st May 2021

In accordance with section 128(2) and (3) of that Act[^f00002], a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.

PART 1 — Preliminary

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021 and come into force on 31 May 2021.

• (2) In these Regulations—

• “the 2019 Act” means the Transport (Scotland) Act 2019,

• “the 1994 Act” means the Vehicle Excise and Registration Act 1994[^f00003],

• “ambulance” means a vehicle within category M intended for the transport of sick or injured persons and having special equipment for such purpose,

• “the appeal period” means the period of 28 days beginning with the date of service of the notice of rejection,

• “approved device” means a device approved for use in connection with the operation of a Low Emission Zone scheme in accordance with regulation 20 (approved devices) of the Low Emission Zones (Scotland) Regulations 2021[^f00004],

• “bus” means a vehicle within category M₃,

• “category M” means vehicles designed and constructed primarily for the carriage of passengers and their luggage, sub-divided into categories M₁, M₂ and M₃,

• “category M₁” means a vehicle designed and constructed primarily for the carriage of passengers with not more than 8 seating positions in addition to the driver’s seating position,

• “category M₂” means a vehicle designed and constructed primarily for the carriage of passengers with more than eight seating positions in addition to the driver’s seating position and having a maximum mass not exceeding 5 tonnes,

• “category M₃” means a vehicle designed and constructed primarily for the carriage of passengers with more than eight seating positions in addition to the driver’s seating position and having a maximum mass exceeding 5 tonnes,

• “category N₁” means a vehicle designed and constructed primarily for the carriage of goods with a maximum mass not exceeding 3.5 tonnes,

• “category N₂” means a vehicle designed and constructed primarily for the carriage of goods with a maximum mass exceeding 3.5 tonnes but not exceeding 12 tonnes,

• “category N₃” means a vehicle designed and constructed primarily for the carriage of goods with a maximum mass exceeding 12 tonnes,

• “CH₄” means methane,

• “coach” means a vehicle within category M₃,

• “compression ignition engine” means an internal combustion engine in which combustion is initiated by heat produced from compression of the air in the cylinder or combustion space,

• “compression ignition engine vehicle” includes a vehicle which is propelled wholly or partly by a compression ignition engine,

• “contravention” means a contravention of the prohibition in section 6(1) (restriction on driving within a zone) of the 2019 Act,

• “CO” means carbon monoxide,

• “the detection date” means the date on which the contravention occurred, according to a record produced by an approved device,

• “Directive 70/220/EEC” means Council Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles[^f00005] as it had effect immediately before its repeal,

• “Directive 88/77/EEC” means Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles[^f00006] as it had effect immediately before its repeal,

• “Directive 97/24/EC” means Directive 97/24/EC of the European Parliament and of the Council on certain components and characteristics of two or three-wheel motor vehicles[^f00007] as it had effect immediately before its repeal,

• “ELR test” means a test cycle consisting of a sequence of load steps at constant engine speeds to be applied in accordance with section 6.2 of Annex 1 of Directive 88/77/EEC,

• “ESC test” means a test cycle consisting of 13 steady state modes to be applied in accordance with section 6.2 of Annex 1 of Directive 88/77/EEC,

• “ETC test” means a test a test cycle consisting of 1,800 second-by-second transient modes to be applied in accordance with section 6.2 of Annex 1 of Directive 88/77/EEC,

• “euro 3” means— for mopeds, the emissions limit values specified in the Table in point 2.2.1.1.3.1 of Annex 1, or for motorcycles, the emissions limit values in row B of the Table in point 2.2.1.1.5 of Annex 2, of Chapter 5 of Directive 97/24/EC,

• “euro 4” means the emissions limit values set out in the rows corresponding with Category B in the first of the tables at section 5.3.1.4 of Annex 1 of Directive 70/220/EEC,

• “euro IV” means the emissions limit values set out in Row B1 of Table 1 and Table 2 of section 6.2.1 of Annex 1 of Directive 88/77/EEC,

• “euro 6” means the emissions limit values set out in Table 2 of Annex 1 of Regulation (EC) No 715/2007 of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles[^f00008],

• “euro VI” means the emissions limit values set out in the Table in Annex 1 of Regulation (EC) No 595/2009 of the European Parliament and of the Council on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles[^f00009],

• “First-tier Tribunal” means the First-tier Tribunal for Scotland (see section 1(1) (establishment of the tribunals) of the Tribunals (Scotland) Act 2014[^f00010]),

• “hearse” means a vehicle within category M intended for the transport of deceased persons and having special equipment for such a purpose,

• “heavy goods vehicle” means— a vehicle within category N₂, or a vehicle within category N₃,

• “HC” means hydrocarbons,

• “light goods vehicle” means a vehicle within category N₁,

• “light passenger vehicle” means a vehicle within category M₁,

• “local authority” means the local authority operating a low emission zone scheme or, as the case may be, local authorities jointly operating such a scheme,

• “maximum mass” means the technically permissible maximum laden mass as specified by the manufacturer,

• “minibus” means a vehicle within category M₂,

• “motor caravan” means a vehicle within category M with living accommodation space which contains the following equipment as a minimum— seats and table, sleeping accommodation which may be converted from the seats, cooking facilities, storage facilities, where this equipment must be rigidly fixed to the living compartment but the table may be designed to be easily removable,

• “moped” means a two-wheeled vehicle or a three-wheeled vehicle with a maximum design speed of not more than 45 km/h that is characterised by— for two-wheeled vehicles, an internal combustion engine with a cylinder capacity which does not exceed 50 cm³, for three-wheeled vehicles, an engine— with a cylinder capacity which does not exceed 50 cm3 for positive ignition engines, or where the engine’s maximum net power output does not exceed 4 kW for compression ignition engines,

• “motorcycle” means a two-wheeled vehicle fitted with an internal combustion engine having a cylinder capacity of more than 50 cm3 and having a maximum design speed of more than 45 km/h,

• “NH₃” means ammonia,

• “NMHC” means non-methane hydrocarbons,

• “NOx” means oxides of nitrogen,

• “notice of rejection” means the notice served on a person by a local authority under regulation 9(3), where the local authority is satisfied that none of the grounds on which representations have been made have been established,

• “PM” means particulate matter,

• “PN” means particle number,

• “the payment period”, in relation to a penalty charge notice, means the period of 28 days beginning with the date of service of the notice,

• “positive ignition engine” means an internal combustion engine in which combustion is initiated by a localised high temperature in the combustion chamber produced by energy supplied from a source external to the engine,

• “positive ignition engine vehicle” includes a vehicle which is propelled wholly or partly by a positive ignition engine,

• “reference mass” means the mass of the vehicle in running order less the uniform mass of the driver of 75 kilograms and increased by a uniform mass of 100 kilograms,

• “registered keeper” means the person in whose name a vehicle is registered under section 21 (registration of vehicles) of the 1994 Act[^f00011],

• “relevant vehicle” means the vehicle in which the contravention occurred,

• “THC+NOx” means combined mass of hydrocarbons and oxides of nitrogen,

• “Type I” means a test as described in section 5.3 of Annex 1 of Directive 70/220/EEC (test for simulating/verifying the average tailpipe emissions after a cold start) and carried out using the procedure described in Annex 3 of that Directive,

• “Type I for mopeds and motorcycles” means a test as described in section 2.2.1.1 of Annex 1 of Chapter 5 of Directive 97/24/EC and carried out using the procedure described in Appendix 1 of that Annex,

• “Type II for mopeds and motorcycles” means a test as described in section 2.2.1.1 of Annex 1 of Chapter 5 of Directive 97/24/EC and carried out using the procedure described in Appendix 2 of that Annex,

• “Upper Tribunal” means the Upper Tribunal for Scotland (see section 1(1) (establishment of the tribunals) of the Tribunals (Scotland) Act 2014),

• “WHSC” means the World Harmonised Steady state Driving Cycle as defined in Regulation No. 49 of the Economic Commission for Europe of the United Nations[^f00012],

• “WHTC” means the World Transient Steady state Driving cycle as defined in Regulation No. 49 of the Economic Commission for Europe of the United Nations,

• “writing” and “written” include electronic communications within the meaning of section 15 (general interpretation) of the Electronic Communications Act 2000[^f00013].

PART 2 — Emission standards and exemptions

Emission standards

2

For the purpose of section 6(1)(a) (restriction on driving within a zone) of the 2019 Act[^f00014] the emission standard for—

• (a) a compression ignition engine vehicle is the standard specified for that vehicle in—

• (i) Table 1 in schedule 1 (euro 6 standards for compression ignition engine vehicles), or

• (ii) Table 2 in schedule 1 (euro VI standards for compression ignition engine vehicles),

• (b) a positive ignition engine vehicle is the standard specified for that vehicle in—

• (i) Table 1 in schedule 2 (euro 4 standards for positive ignition engine vehicles), or

• (ii) Table 2 in schedule 2 (euro IV standards for positive ignition engine vehicles),

• (c) mopeds and motorcycles is standard specified for those vehicles in the Table in schedule 3 (euro 3).

Exemptions

3

• (1) For the purpose of section 6(1)(b) (restriction on driving within a zone) of the 2019 Act a vehicle is exempt if—

• (a) it is being driven by any person—

• (i) in the exercise of their duty as a constable,

• (ii) providing a response to an emergency at the request of the Scottish Ambulance Service Board,

• (iii) in the exercise of the functions of—

• (aa) the Scottish Ambulance Service Board under article 4(1)(a) (functions of the Board) of the Scottish Ambulance Service Board Order 1999[^f00015],

• (bb) the Scottish Fire and Rescue Service,

• (cc) Her Majesty’s Coastguard,

• (dd) the National Crime Agency,

• (iv) for naval, military or air force purposes,

• (b) it is being driven by a person to whom a badge has been issued under section 21(2) (badges for display on motor vehicles used by disabled persons) of the Chronically Sick and Disabled Persons Act 1970[^f00016],

• (c) a passenger in the vehicle has been issued with a badge under that section of that Act,

• (d) a badge for the vehicle has been issued under section 21(4) of that Act[^f00017],

• (e) it is one to which paragraph 1ZA of schedule 1 (annual rates of duty) of the 1994 Act[^f00018] applies by virtue of sub-paragraph (2) of that paragraph,

• (f) it is exempt from payment of vehicle excise duty under paragraph 19(1) or 20(1)[^f00019] of schedule 2 (exempt vehicles) of the 1994 Act,

• (g) it is a showman’s goods vehicle or a showman’s vehicle,

• (h) it is a vehicle of historical interest.

• (2) In this regulation—

• “showman’s goods vehicle” and “showman’s vehicle” have the meanings given by section 62(1)[^f00020] (other definitions) of the 1994 Act,

• “vehicle excise duty” has the meaning given by section 1(1)[^f00021] (duty and licences) of the 1994 Act,

• ”vehicle of historical interest” means a vehicle which is considered to be of historical interest to the United Kingdom and which— was manufactured, or registered, for the first time at least 30 years previously, is of a type no longer in production, and has been historically preserved or maintained in its original state and has not undergone substantial changes in the technical characteristics of its main components, where “type” in relation to the vehicle has same meaning as “type of vehicle” in Article 3(32) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles[^f00022].

PART 3 — Penalty charges and enforcement

Penalty charges

4

• (1) The penalty charge payable in respect of a first contravention is the amount specified in the entry in column 3 of the table in schedule 4 corresponding to the vehicle type specified in column 1 of that table in which the contravention occurred.

• (2) The penalty charge payable in respect of a second contravention is—

• (a) the amount specified in the entry in column 3 of the table in schedule 4 corresponding to the vehicle type specified in column 1 of that table in which the contravention occurred, and

• (b) the surcharge specified in column 4 of that table corresponding to the entry in column 1 of that table for that vehicle.

• (3) The penalty charge payable in respect of a third contravention is—

• (a) the amount specified in the entry in column 3 of the table in schedule 4 corresponding to the vehicle type specified in column 1 of that table in which the contravention occurred, and

• (b) the second surcharge specified in column 5 of that table corresponding to the entry in column 1 of that table for that vehicle.

• (4) The penalty charge payable in respect of a fourth contravention is—

• (a) the amount specified in the entry in column 3 of the table in schedule 4 corresponding to the vehicle type specified in column 1 of that table in which the contravention occurred, and

• (b) the third surcharge specified in column 6 of that table corresponding to the entry in column 1 of that table for that vehicle.

• (5) The penalty charge payable in respect of a fifth and any subsequent contravention is—

• (a) the amount specified in the entry in column 3 of the table in schedule 4 corresponding to the vehicle type specified in column 1 of that table in which the contravention occurred, and

• (b) the fourth surcharge specified in column 7 of that table corresponding to the entry in column 1 of that table for that vehicle.

• (6) This paragraph applies where—

• (a) a person is found liable to pay a penalty charge under section 6(2) of the 2019 Act by virtue of a contravention occurring in a particular vehicle in relation to a particular low emission zone (“the relevant contravention”), and

• (b) the relevant contravention occurs 90 days or more after that person’s most recent previous contravention for which they were found liable under section 6(2) of the 2019 Act in that particular vehicle in that particular zone.

• (7) Where paragraph (6) applies, the relevant contravention is to be treated as if it were a first contravention for the purposes of paragraphs (1) to (5).