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LEZ — Blue Badge holder exemption (driver, passenger, or vehicle badge)

Reg 3(1)(b)–(d) SSI 2021/177 exempts a vehicle from s.6(1) where (i) it is being driven by a Blue Badge holder under s.21(2) Chronically Sick and Disabled Persons Act 1970, (ii) a passenger holds such a badge, OR (iii) the vehicle has been issued an organisational badge under s.21(4). Critically the exemption applies AT THE TIME OF THE DRIVE — not only when the badge has been pre-registered with Transport Scotland's PaySmarti system. Pre-registration is administratively recommended but is NOT a statutory precondition. Many councils incorrectly reject representations because the badge was 'not registered' — that rejection is 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

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