Part 2

Bus services
CHAPTER 2

Local services franchises

Zero-emission vehicles

Use of zero-emission vehicles for local services
35B
1
The operator of a service that falls within subsection (2) may not use a vehicle that falls within subsection (3) to provide the service in Scotland.
2
A service falls within this subsection if it is a local service which has one or more stopping places in Scotland and which—
a
is registered under section 6 of the 1985 Act, or
b
is not required to be registered under that section because of section 13B(1)(a).
3
A vehicle falls within this subsection if—
a
it is constructed or adapted to carry both seated and standing passengers, with the number of seated passengers being more than 22 (determined in accordance with regulations made under section 26 of the Public Passenger Vehicles Act 1981),
b
it is first registered under the Vehicle Excise and Registration Act 1994 on or after a date specified in regulations made by the Scottish Ministers, and
c
the tailpipe emissions from it include any of the following—
i
carbon dioxide;
ii
carbon monoxide;
iii
hydrocarbon;
iv
nitrogen oxide;
v
particulates.
4
The Scottish Ministers may by regulations—
a
specify descriptions of document that may be relied on in order to determine for the purposes of this section what is included in the tailpipe emissions from a vehicle,
b
specify descriptions of vehicle in relation to which subsection (1) does not apply, and
c
specify local services or descriptions of local service in relation to which subsection (1) does not apply.
5
The date specified under subsection (3)(b) may not be before 1 January 2030.
Pt. 2 Ch. 2 substituted for ss. 13-27 and cross-heading (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.
S. 35B and cross-heading inserted (27.10.2025 for the purposes of making regulations) by Bus Services Act 2025 (c. 24), ss. 38(2), 41(4)