Member

28: After Clause 37, insert the following Clause— “Use of zero-emission vehicles for local services in Scotland (1) The Transport (Scotland) Act 2001 is amended as follows. (2) Before the italic heading preceding section 36 insert— “Zero-emission vehicles 35B Use of zero-emission vehicles for local services (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.” (3) In section 39(1) (penalties)— (a) omit the “or” at the end of paragraph (c), and (b) after paragraph (c) insert— “(ca) operated a local service in contravention of section 35B(1) of this Act, or”. (4) In section 81(4) (regulations and orders), in paragraph (b), after “35A(1)” insert “, 35B(3)(b)”.”