Existence of legislative provisions empowering TfL to require retrofitting approved under CVRAS to satisfy LEZ Scheme Order
Request ID: FOI-2147-2122 Date published: 11 January 2022
You asked
1. It appears that the Greater London Low Emission Zone Charging Order 2006 ("LEZ Scheme") has been amended multiple times, and that there is no consolidated version that sets out clearly sets out the latest iteration of the LEZ Scheme. Please kindly provide a consolidated version.
2. In relation to the emission standards that vehicles need to satisfy under the LEZ Scheme, it appears there are some relevant provisions under the 2018 amendment (the Greater London Low Emission Zone Charging (Variation and Transitional Provisions) Order 2018), whereby N2 class vehicles need to be at Euro VI standards. The amended paragraph 2 of Table 1C at Annex 2 of the LEZ Scheme provides that one way to meet the standard is "by means of an exhaust after-treatment system". It is not clear whether there are further legislative provisions that further elaborates what this "exhaust after-treatment system" should be. On the TfL website, however, it is said that such a system must be CVRAS-approved. https://tfl.gov.uk/modes/driving/low-emission-zone/ways-to-meet-the-standards. Please kindly set out the the underpinning legislative provisions that empower the TfL to impose the condition that such systems must be CVRAS-approved.
We answered
TfL Ref: FOI-2147-2122
Thank you for your request received by Transport for London (TfL) on 19 December 2021.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require. You asked:
It appears that the Greater London Low Emission Zone Charging Order 2006 ("LEZ Scheme") has been amended multiple times, and that there is no consolidated version that sets out clearly sets out the latest iteration of the LEZ Scheme. Please kindly provide a consolidated version.
In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.
In relation to the emission standards that vehicles need to satisfy under the LEZ Scheme, it appears there are some relevant provisions under the 2018 amendment (the Greater London Low Emission Zone Charging (Variation and Transitional Provisions) Order 2018), whereby N2 class vehicles need to be at Euro VI standards. The amended paragraph 2 of Table 1C at Annex 2 of the LEZ Scheme provides that one way to meet the standard is "by means of an exhaust after-treatment system". It is not clear whether there are further legislative provisions that further elaborates what this "exhaust after-treatment system" should be. On the TfL website, however, it is said that such a system must be CVRAS-approved. https://tfl.gov.uk/modes/driving/low-emission-zone/ways-to-meet-the-standards Please kindly set out the underpinning legislative provisions that empower the TfL to impose the condition that such systems must be CVRAS-approved.
The Euro VI LEZ emission standards from 1 March 2021 onwards for Class N2 vehicles are set out in Table 1C of Part 1 of Annex 2 of the attached consolidated Scheme Order (on page 34).
Clean Vehicle Retrofit Accreditation Scheme(CVRAS) approval is the method utilised by TfL to demonstrate that the abatement equipment fitted to a vehicle means that the limit values for the emission of NOx and particulate matter specified in table 1C would not be exceeded during the appropriate test or tests specified in the table. We refer to the CVRAS accreditation scheme as it is a reliable means to ensure that after-treatment systems will meet the necessary standards without recourse to emissions testing every single vehicle that is retrofitted. The CVRAS scheme is technically robust, TfL was heavily involved in setting the technical standards, and it is applicable to Clean Air Zones nationally, so it is convenient for vehicle operators. TfL is informed of completed ‘retrofitments’, so vehicle compliance checking is an automated process, again, adding operator convenience. The scheme is operated by the Energy Saving Trust, with technical support from ZEMO, and funded by Defra.
There is no underpinning legislation regarding our use of the CVRAS approval method however we use this to establish compliance. The Scheme Order states that compliance is achieved if TfL is satisfied the vehicle is compliant and this is the method we have chosen to use.
It is not essential for a retrofit to be CVRAS approved. However if it isn’t the applicant would need to provide emissions test laboratory results that prove the emissions of the vehicle meet the required limits over the prescribed drive cycle. This would be a substantial technical undertaking and also incur considerable expense for the applicant.
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Yours sincerely
Eva Hextall FOI Case Management Team General Counsel Transport for London
