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Transport (Scotland) Act 2019

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7Proving contraventions and issue of a penalty charge notice

(1)The fact that a person was driving a vehicle on a road within a low emission zone may be established only on the basis of a record produced by an approved device.

(2)A record obtained from the Secretary of State or from another source as specified in regulations by the Scottish Ministers, certifying a vehicle’s emission standard as at the date and time of the record produced by an approved device, is determinative of whether the vehicle meets the specified emission standard.

(3)Where a local authority considers that a penalty charge is payable under section 6(2) in respect of a low emission zone scheme it has made, it may issue, or make arrangements relating to the issue of, a penalty charge notice in accordance with regulations under section 8(1).

(4)A penalty charge under section 6(2) is payable to the local authority which issued the penalty charge notice—

(a)by the registered keeper of the vehicle, or

(b)in such circumstances, following consultation with such persons as they consider appropriate, as the Scottish Ministers by regulations specify, by such other person as is so specified.

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