Non-UK vehicles and the Ultra Low Emission Zone (ULEZ).
Request ID: FOI-1137-2223 Date published: 08 September 2022
You asked
For each year for which records are available, I would like to know the following:
- How many non-UK registered vehicles entered the ULEZ zone?
- What number/percentage of the aforementioned non-UK vehicles registered their compliance with the ULEZ zone standards in advance?
- What number/percentage of the aforementioned non-UK vehicles did not register their compliance with the ULEZ zone standards in advance?
- If TFL has the capability to determine a foreign-registered vehicle's compliance with ULEZ standards automatically based on the vehicle's registration? Or, if this is not the case, is the only method of determining compliance good-will on the part of the vehicle's driver, or is there an alternative method of compliance?
- How many charges were issued to non-UK based vehicles for entering the ULEZ zone, and the total sum of these charges, and what percentage were paid?
- How many fines (if this differs from charges) were issued to non-UK based vehicles for entering the ULEZ zone, and the total sum of these fines, and what percentage were paid?
- The annual costs that TFL pays to EPC Plc to administer enforcement and similar activities associated with the ULEZ.
- The annual revenue that EPC Plc recovers on behalf of TFL, and the annual revenue that EPC returns to TFL (if the two differ).
As the last two items regarding EPC Plc relate to value-for-money delivered to the taxpayer, I contend that this information lies in the public interest, and as such overrides exemption from disclosure on grounds of commercial-sensitivity.
To provide some additional context regarding this request, I recently attempted to assist an acquaintance who was driving in the ULEZ with a non-UK registered vehicle. Their vehicle complied with the relevant emission standards, but the proof required by EPC Plc and/or TFL was onerous to the extent that no reasonable driver would be able to supply such proof.
(https://tfl.gov.uk/modes/driving/compliance-registration/before-you-start, "To prove your vehicle meets the ULEZ standards: [you need to provide] A letter from the vehicle manufacturer's homologation department stating the vehicle's Euro standard or a conformity certificate"). As such, I hypothesise that the ULEZ as stands with regards to foreign drivers is not fit for purpose: it is impossible for compliant foreign drivers to supply evidence that they are compliant, and as such, enforcement of charges/fines against compliant (and well-intended) foreign drivers could currently represent poor value for tax-payer money, and an opportunity for improvement.
We answered
Our ref: FOI-1137-2223/GH
Thank you for your request received by Transport for London (TfL) on 8 August 2022 asking for information about Non-UK vehicles and the Ultra Low Emission Zone (ULEZ).
Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold some of the information you require. For each year for which records are available, I would like to know the following: - How many non-UK registered vehicles entered the ULEZ zone? - What number/percentage of the aforementioned non-UK vehicles registered their compliance with the ULEZ zone standards in advance? - What number/percentage of the aforementioned non-UK vehicles did not register their compliance with the ULEZ zone standards in advance? We do not record the number of foreign registered vehicles which drive within the ULEZ. - If TFL has the capability to determine a foreign-registered vehicle's compliance with ULEZ standards automatically based on the vehicle's registration? Or, if this is not the case, is the only method of determining compliance good-will on the part of the vehicle's driver, or is there an alternative method of compliance? For UK registered vehicles we predominantly use the information held by the DVLA to establish if a vehicle is compliant with the ULEZ emission standards. We do not have access to the equivalent information for vehicles registered outside the UK and therefore we are unable to automatically establish their compliance. We have set up an enquiry service which allows owners of non UK registered vehicles to contact us and provide evidence that their vehicle is compliant with the ULEZ. On receipt of this evidence we update our records and mark the vehicle as compliant. - How many charges were issued to non-UK based vehicles for entering the ULEZ zone, and the total sum of these charges, and what percentage were paid? - How many fines (if this differs from charges) were issued to non-UK based vehicles for entering the ULEZ zone, and the total sum of these fines, and what percentage were paid? We do not issue ‘charges’ for ULEZ, only Penalty Charge Notices (PCNs). If the vehicle is not registered with us and the daily charge is not paid, then a PCN may be issued to the Registered Keeper for the vehicle. We use our service provider European Parking Collections to do this on our behalf. The ULEZ was launched on 8 April 2019. Until 28 February 2021 the penalty charge for lorries, buses, coaches and other heavy vehicles that did not meet the ULEZ emission standards and did not pay to travel in the zone was £1000, reduced to £500 if paid within 14 days. From 1 March 2021, the London wide LEZ emission standards for heavy vehicles were tightening and these were included in the LEZ and were no longer be subject to the ULEZ. The penalties for cars, motorbikes and other vehicles are issued at £160, reduced to £80 for payment within 14 days. For PCNs issued to foreign registered vehicles they are payable at the same amount but in the local currency. The table below details the number of PCNs issued to vehicles registered outside of the UK for non-payment of the ULEZ daily charge.
Year
PCNs Issued
% paid
High Rate
Low Rate
2019
2411
21,271
30%
2020
1391
13,670
19%
2021
204
15,840
13%
2022*
n/a
18,962
13%
Grand Total
4006
74,257
19.11%
2022 figures up to 5 September % of PCNs paid will increase over time as more payments are collected. - The annual costs that TFL pays to EPC Plc to administer enforcement and similar activities associated with the ULEZ. Details of all expenditure over £250, including payments to Euro Parking Collection plc, is regularly published on the Transparency pages of our website https://tfl.gov.uk/corporate/publications-and-reports/expenditure. However, we are not obliged to provide you with the details of payments that specifically relate to the recovery of penalties issued for non-compliance with the ULEZ scheme as this information is subject to a statutory exemption to the right of access to information under section 43(2). In this instance the section 43(2) exemption has been applied as disclosure would, or would be likely to prejudice our commercial interests, as well as those of Euro Parking Collection plc. There are other companies who provide similar products and disclosure of this information could enable a competitor to work out the 'unit price’ we are paying them for their range of services, which could hinder the ability of EPC plc to competitively tender for similar contracts, as well as hinder TfL’s ability to negotiate the best value for money for similar services in the future.
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, particularly where the expenditure of public money is concerned, but in this instance the public interest in ensuring that we are able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.
- The annual revenue that EPC Plc recovers on behalf of TFL, and the annual revenue that EPC returns to TFL (if the two differ). All penalty revenue collected by EPC is passed to TfL. The table below shows the value of payments received since ULEZ was first introduced in April 2019, broken down by calendar year. The table reflects the date the payment was received by TfL, rather than the date the PCN was issued.
Year Payment received
Value
2019
£453,760
2020
£756,630
2021
£393,691
2022
£357,227
If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.
If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.
Yours sincerely
Graham Hurt FOI Case Officer FOI Case Management Team General Counsel Transport for London
