Transport (Scotland) Act 2019

Publication Date:January 01, 2019
 
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Transport (Scotland) Act 2019

2019 asp 17

An Act of the Scottish Parliament to require the production of a national strategy in relation to transport; to make provision for low emission zones; to make provision for and in connection with the powers of local transport authorities in connection with the operation of local bus services in their areas; to make provision about arrangements under which persons may be entitled to travel on local bus and other transport services; to prohibit the parking of vehicles on pavements, prohibit double parking and prohibit parking adjacent to dropped footways; to make provision enabling local authorities to make schemes under which a charge may be levied for providing workplace parking places; to make provision in connection with charges arising from parking on private land; to make provision in connection with the status of the office of the Scottish Road Works Commissioner, the Commissioner’s functions and the regulation of road works; to make provision in connection with regional Transport Partnerships and to adjust the number of members on the British Waterways Board; and for connected purposes.

[15 November 2019]

1 National transport strategy

PART 1

National transport strategy

S-1 Preparation of strategy

1 Preparation of strategy

(1) The Scottish Ministers must prepare a national transport strategy.

(2) The national transport strategy must set out—

(a)

the Scottish Ministers’ vision for transport to, from and within Scotland,

(b)

their strategy for realising that vision, and

(c)

the policies which they intend to pursue in order to implement that strategy.

(3) The national transport strategy may include such other information as the Scottish Ministers consider appropriate.

(4) In determining the content of the national transport strategy, the Scottish Ministers must have regard, among other things, to the desirability of transport being provided, developed, improved and operated so as to contribute to improving outcomes in relation to the matters mentioned in subsection (5).

(5) Those matters are—

(a)

the ability of people to realise their human rights,

(b)

social and economic wellbeing, including in particular in relation to—

(i) social inclusion,

(ii) elderly persons,

(iii) inclusion of persons with disabilities,

(iv) inclusive economic growth,

(v) fair work,

(vi) reduction of poverty and inequality,

(vii) access to further and higher education via public transport,

(viii) sustainability of communities in rural areas,

(c)

the environment, including in particular in relation to—

(i) the sustainable and efficient use and re-use of resources,

(ii) the meeting of the emission reduction targets set out in Part 1 of the Climate Change (Scotland) Act 2009,

(d)

health and wellbeing.

S-2 Consultation on strategy

2 Consultation on strategy

(1) In preparing the national transport strategy, the Scottish Ministers must consult—

(a)

such persons as they consider appropriate, and

(b)

the general public.

(2) If, before the day on which this section comes into force (and whether before or after the Bill for this Act was passed), anything was done which, had it been undertaken after that day, would to any extent have satisfied subsection (1), that subsection is to that extent to be taken to have been satisfied.

S-3 Publication and laying of strategy

3 Publication and laying of strategy

(1) The Scottish Ministers must—

(a)

publish the national transport strategy in such manner as they consider appropriate, and

(b)

lay a copy of the strategy before the Scottish Parliament.

(2) As soon as reasonably practicable after complying with subsection (1), the Scottish Ministers must—

(a)

publish a report setting out—

(i) the consultation process undertaken in order to comply with section 2(1), and

(ii) the ways in which, in preparing the national transport strategy, the Scottish Ministers have taken account of views expressed in the course of that process,

(b)

lay a copy of the report before the Scottish Parliament, and

(c)

seek to make a statement to the Scottish Parliament on the contents of the strategy.

S-4 Review of strategy

4 Review of strategy

(1) The Scottish Ministers—

(a)

must keep the national transport strategy under review, and

(b)

may, if they consider it appropriate, revise it.

(2) Sections 1(2) to (5), 2(1) and 3 apply in relation to any revision of the national transport strategy as they apply in relation to the original national transport strategy.

S-5 Reporting on strategy

5 Reporting on strategy

(1) As soon as reasonably practicable after the end of each reporting period, the Scottish Ministers must—

(a)

publish a report setting out—

(i) progress made in the reporting period towards realising the vision in the national transport strategy, and

(ii) steps taken in the reporting period to keep the national transport strategy under review, and

(b)

lay a copy of the report before the Scottish Parliament.

(2) A report under subsection (1)(a) may include such other information as the Scottish Ministers consider appropriate.

(3) In subsection (1), “reporting period” means the period of 3 years beginning with the day on which section 3(1) was complied with in relation to the original national transport strategy and each subsequent period of 3 years.

2 Low emission zones

PART 2

Low emission zones

CHAPTER 1

Effect of a low emission zone scheme

S-6 Restriction on driving within a zone

6 Restriction on driving within a zone

(1) A person may not drive a vehicle on a road within a low emission zone in contravention of the terms of a low emission zone scheme unless—

(a)

the vehicle meets the specified emission standard, or

(b)

the vehicle is exempt by virtue of subsection (4)(b) or section 17.

(2) Where a person drives a vehicle on a road within a low emission zone in contravention of subsection (1), a penalty charge is payable in respect of the contravention.

(3) But, despite subsection (2), if—

(a)

the same vehicle is driven within the same low emission zone in contravention of subsection (1) on more than one occasion in the course of the same day, and

(b)

the person to whom the penalty charge notice would be issued in respect of those contraventions is the same person,

only one penalty charge is payable in respect of the contraventions.

(4) The Scottish Ministers may by regulations, following consultation with such persons as they consider appropriate—

(a)

make provision for or in connection with the specification of the emission standard for the purpose of subsection (1)(a),

(b)

specify vehicles or types of vehicle which are exempt for the purpose of subsection (1)(b) including, in particular, by reference to their construction or use,

(c)

make provision for or in connection with the amount that may be imposed as a penalty charge under subsection (2) (which may include provision for discounts and surcharges).

S-7 Proving contraventions and issue of a penalty charge notice

7 Proving 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.

S-8 Enforcement

8 Enforcement

(1) The Scottish Ministers may, following consultation with such persons as they consider appropriate, by regulations make provision for or in connection with the enforcement of low emission zone schemes.

(2) Regulations under subsection (1) may, in particular, make provision for or about—

(a)

penalty charge notices (including the form, content and method of issue),

(b)

the timing and manner of payment of a penalty charge,

(c)

reviews and appeals (including grounds of review or appeal) in connection with the issuing of penalty charge notices,

(d)

the manner in which a penalty charge notice may be enforced,

(e)

steps that may be taken following the cancellation of a penalty charge notice (including the issuing of another penalty charge notice in respect of the same contravention),

(f)

enabling local authorities to enter into arrangements with any person in connection with the exercise of a function conferred on a local authority by the regulations or under section 7.

(3) Regulations under subsection (1) may include provision—

(a)

creating offences,

(b)

about the records to be produced by or in connection with approved devices (including what constitutes sufficient evidence of a fact).

(4) The maximum penalty that may be provided for in regulations under subsection (1) creating offences is, on summary conviction, a fine not exceeding level 5 on the standard scale.

CHAPTER 2

Creation and modification of a low emission zone scheme

Process

Process

S-9 Power to make or modify a low emission zone scheme

9 Power to make or modify a low emission zone scheme

(1) At any time, a local authority may (in accordance with this Chapter)—

(a)

make a low emission zone scheme for all or part of its area,

(b)

amend or revoke a low emission zone scheme made by it.

(2) Where two or more local authorities act jointly to make a low emission zone scheme—

(a)

they must continue to act jointly in relation to...

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