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Blue Badge holder exempt from Low Emission Zone charge

Certain vehicles are exempt from Low Emission Zone charges when a Blue Badge is present at the time of the journey. The exemption applies if you (the driver) hold a Blue Badge, if a passenger travelling with you holds one, or if the vehicle itself has been issued an organisational Blue Badge. Crucially, the exemption is valid at the time of the drive — you do not have to pre-register the badge with Transport Scotland's PaySmarti system first. Pre-registration is recommended but is not a legal requirement, so if your charge or rejection notice says only that your badge 'was not registered', that decision may be unlawful.

Legal basis

SSI 2021/177 reg 3(1)(b)–(d); Chronically Sick and Disabled Persons Act 1970 s.21(2), s.21(4); reg 8(4)(a)

How to identify this in your case

Driver, passenger present in vehicle, or vehicle itself held a current Blue Badge on the detection date.

Sample appeal wording

Dear [COUNCIL] LEZ Team, Re: PCN [PCN_NUMBER], Vehicle [VRN] Representation under reg 8(1) SSI 2021/177; ground reg 8(4)(a). At the time of the alleged contravention on [DETECTION_DATE]: ( ) the vehicle was being driven by [NAME], holder of Blue Badge [BADGE_NO] issued by [ISSUING_AUTHORITY] under s.21(2) Chronically Sick and Disabled Persons Act 1970; ( ) a passenger, [NAME], was the holder of Blue Badge [BADGE_NO]; ( ) the vehicle itself was the subject of a Blue Badge issued under s.21(4) ([ORG_NAME]). Under reg 3(1)(b)/(c)/(d) of SSI 2021/177 the vehicle is therefore exempt from s.6(1). Whether the badge was pre-registered with PaySmarti is irrelevant: the exemption is conferred by primary regulations. Evidence: copy of Blue Badge (front and back); [appointment letter / journey log]. Please cancel. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • SSI 2021/177
  • Chronically Sick and Disabled Persons Act 1970

Related appeal grounds

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