LEZ — Vehicle exempt as 'vehicle of historical interest' (30+ years, original-spec)
Reg 3(1)(h) SSI 2021/177 exempts any 'vehicle of historical interest' from s.6(1) Transport (Scotland) Act 2019. Definition in reg 3(2): manufactured/first registered ≥30 years previously; type no longer in production; preserved/maintained in original state without substantial changes to main components (engine, transmission, axles, body shell — by reference to EU Reg 2018/858 art 3(32)). The exemption is automatic in law — does not depend on DVLA 'historic' tax class. The lowemissionzones.scot Vehicle Emission Check tool only checks EURO standard against DVLA records and does NOT apply the historical-interest exemption automatically.
Legal basis
SSI 2021/177 reg 3(1)(h) and 3(2); EU Regulation 2018/858 art 3(32); VERA 1994 s.62(1)
How to identify this in your case
First registration ≥30 years before detection date; model out of production; original main components. V5C, FIVA passport, owner's club confirmation, photographs all support.
Sample appeal wording
Dear [COUNCIL] LEZ Team, Re: PCN [PCN_NUMBER], Vehicle [VRN], Detection [DETECTION_DATE] Representation under reg 8(1) SSI 2021/177; ground reg 8(4)(a). The vehicle ([MAKE] [MODEL]) was first registered on [FIRST_REG_DATE], more than 30 years before the detection date. It is of a type no longer in production and has been historically preserved in its original state — engine, transmission and main components unchanged within Article 3(32) of Regulation (EU) 2018/858. Evidence enclosed: V5C [V5C_REF]; [FIVA passport / owner's club confirmation / restoration history / photographs]. S.6(1)(b) of the 2019 Act is therefore not contravened. Please cancel the PCN under reg 9(2). If rejected I will appeal to the First-tier Tribunal for Scotland. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- SSI 2021/177
- EU Regulation 2018/858