Transport (Scotland) Act 2019

15 Grace period

(1) Section 6(1) is not contravened by a vehicle being driven on a road within a low emission zone prior to the expiry of the applicable grace period.

(2) In subsection (1), “the applicable grace period” means the period that the low emission zone scheme specifies as applying—

(a) in relation to the road, or part of the road, on which the vehicle was driven,

(b) in relation to the type of vehicle being driven, by reference to its construction, and

(c) to the individual who is the registered keeper of the vehicle.

(3) A low emission zone scheme must specify—

(a) a grace period that applies to individuals whose registered address in respect of the vehicle is a residential property within the zone (“residents”),

(b) a grace period that applies to individuals whose registered address is not (“non-residents”), and

(c) in relation to both paragraphs (a) and (b), the types of vehicle to which the grace period applies (which may vary as between residents and non-residents).

(4) A grace period begins on the day the low emission zone scheme comes into effect.

(5) The grace period applicable to non-residents must expire—

(a) not less than 1 year after it begins, and

(b) not more than 4 years after it begins.

(6) The grace period applicable to residents must expire not more than 2 years after the expiry of the grace period applicable to non-residents.

(7) Subsections (4) to (6) are subject to section 16.