ULEZ
Request ID: FOI-1002-1920
Date published: 05 August 2019
You asked
Can you please advise where I will find the legislation or meeting minutes that made the decision that only warning notices would be issued between 8th April 2019 and 10th May 2019.
We answered
TfL Ref: FOI-1002-1920
Thank you for your email of 5th July 2019 asking for information about the Ultra Low Emission Zone (ULEZ).
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“Can you please advise where I will find the legislation or meeting minutes that made the decision that only warning notices would be issued between 8th April 2019 and 10th May 2019.”
Regulation 12 of the “Road User Charging (Enforcement and Adjudication)(London) Regulations 2001”, as amended, states that:
“12.—(1) Where a charge with respect to a vehicle under a charging scheme has not been paid by the time by which it is required by the scheme to be paid, the charging authority may serve a notice (“a penalty charge notice”).”
This regulation does not stipulate that a Penalty Charge Notice (PCN) must be issued in all cases. The use of the word ‘may’ provides for discretion, and TfL can use that discretion to consider the issue of warning notices rather than a PCN. At the start of the ULEZ scheme we opted to use that discretionary approach. The decision was taken to issue warning notices while the scheme was new as it provided further time to promote awareness to motorists of the requirements of the ULEZ and of the need to comply. TfL has previously adopted this approach for similar schemes as there are always some people who will genuinely have made a mistake. TfL believes that for the first contravention it is appropriate for a warning letter to be sent rather than a fine. Warning letters were issued for the first contravention during the first month of the scheme.
If this is not the information you are looking for please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely,
David Wells
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
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