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Driving through London? Meet the Low
Emission Zone
22 February 2008
This month London introduced the Low Emission
Zone (LEZ) to the UK. Within this zone (which comprises the
majority of the area within the M25 ring road), vehicles which do
not meet London's emission standards will be charged a fee. The fee
is currently set at £200 per day for large vehicles. TfL says it
estimates that approximately 12,000 relevant vehicles inside the
zone were non-compliant in the six months of monitoring in
2007.
Currently the only vehicles which are affected
are lorries over 12 tonnes. However from 7 July this will be
expanded to vehicles over 3.5 tonnes and to buses and coaches. The
scheme is planned to expand again in 2010 and again in
2012.
All such vehicles must pay the LEZ charge when
passing through London, unless they are compliant with the relevant
European standard for emissions. Currently vehicles over 12 tonnes
which travel through London are required to be Euro 3 compliant.
This standard is set to be increased in 2012. Vehicles can be made
exempt by obtaining a Reduced Pollution Certificate. Alternatively,
vehicles on TfL's "eligible engines" list may pass a smoke test and
receive this certificate. If your vehicles adopted the Euro 3
standard before October 2001, you may need to register your
vehicles with TfL in order to avoid the charge.
The LEZ is to be enforced in a similar way to
the congestion charge, through the use of cameras which record the
vehicle registration numbers passing their checkpoint. TfL will
compare these details to its records, obtained from the DVLA and
VOSA, to check if the vehicle is noted as being compliant. If it is
not, and it has not paid the charge, then a penalty charge notice,
of up to £1,000 for larger vehicles, will be
issued.
We recommend that businesses not only ensure
that their vehicles are compliant with European standards and have
the relevant eligibility documentation, but they also ensure that
TfL have properly recorded that compliance. Some readers will still
remember the legacy of the erratic enforcement procedures adopted
by TfL for the so called "London Lorry Ban". It is important not
only to comply, but to ensure that you get full credit for that
compliance. Whilst, inevitably large fleet operators are likely,
with the best will in the world, to sometimes fall foul of the
enforcement system, if you receive penalties which are inconsistent
with your own records, then do not hesitate to challenge TfL to
properly establish its case.
For more information or advice, please contact
Fiona Carter
or Oliver Sweeney.
The content of this bulletin is provided for
the purposes of general interest and information. It contains only
brief summaries of aspects of the subject matter and does not
provide comprehensive statements of the law. It does not constitute
legal advice and does not provide a substitute for it.