Request ID: FOI-2396-2122 Date published: 04 February 2022
You asked
Follow-up to FOI-2309-2122: Thank you for providing the information below, which was pretty much in line with my expectations.
The ULEZ rules give exemption to diesel-powered cars which are equipped with a Euro Cat 6 engine.
Your notes give an advisory comment that:- "Diesel cars that meet the standards are generally those first registered with the DVLA after September 2015".
(Your bold text suggests that you are already aware that there are diesel powered cars which were first registered before Sept 2015 and which are equipped with Euro Cat 6 engines).
However, you may not be aware that there are vehicles, fitted with Euro Cat 6 engines, which also pre-date the inclusion of this information on the vehicles log book (V5), and on the DVLA databases. I have checked with DVLA and they did not record Euro Categories for diesel engines in 2010, 2011 (and possibly later years).
As such, there is a very real possibility that:-
You have issued charges against vehicles which are exempt, [1]
People have, as a result, paid charges when they should have been exempt, [2]
People have been fined (for failing to pay a ULEZ charge) when their vehicle was exempt. [3]
Of course, I can't give you a list of all the individual vehicles which fall into a category of vehicles which a) have Euro Cat 6 engines, and b) were first registered prior to the DVLA recording Euro categories on the V5 document and in their databases.
But I can give you some models and types which fall into these two categories, namely:-
Mercedes Benz; S-Class; S-350 L BlueTec 2010 onwards, and,
Mercedes Benz; S-Class; S-350 BlueTec 2011 onwards
The BlueTec models have Euro Cat 6 engines (requiring AdBlue); the preceding Blue Efficiency Models do not have Euro Cat 6 engines (and do not have AdBlue dosing systems). The change point for the L version was 2010; the standard version was 2011.
Can you tell me how many instances have occurred for the three categories labelled [1], [2] and [3] above?
We answered
TfL Ref: FOI-2396-2122
Thank you for your further request received by Transport for London (TfL) on 20th January 2022 asking for information about ULEZ charges.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“The ULEZ rules give exemption to diesel-powered cars which are equipped with a Euro Cat 6 engine.
Your notes give an advisory comment that:- "Diesel cars that meet the standards are generally those first registered with the DVLA after September 2015".
(Your bold text suggests that you are already aware that there are diesel powered cars which were first registered before Sept 2015 and which are equipped with Euro Cat 6 engines).
However, you may not be aware that there are vehicles, fitted with Euro Cat 6 engines, which also pre-date the inclusion of this information on the vehicles log book (V5), and on the DVLA databases. I have checked with DVLA and they did not record Euro Categories for diesel engines in 2010, 2011 (and possibly later years).
As such, there is a very real possibility that:- You have issued charges against vehicles which are exempt, [1] People have, as a result, paid charges when they should have been exempt, [2] People have been fined (for failing to pay a ULEZ charge) when their vehicle was exempt. [3]
Of course, I can't give you a list of all the individual vehicles which fall into a category of vehicles which a) have Euro Cat 6 engines, and b) were first registered prior to the DVLA recording Euro categories on the V5 document and in their databases.
But I can give you some models and types which fall into these two categories, namely:- Mercedes Benz; S-Class; S-350 L BlueTec 2010 onwards, and, Mercedes Benz; S-Class; S-350 BlueTec 2011 onwards
The BlueTec models have Euro Cat 6 engines (requiring AdBlue); the preceding Blue Efficiency Models do not have Euro Cat 6 engines (and do not have AdBlue dosing systems). The change point for the L version was 2010; the standard version was 2011.
Can you tell me how many instances have occurred for the three categories labelled [1], [2] and [3] above?”
By way of background, we are able to establish a charging scheme such as the Ultra Low Emission Zone (ULEZ) through devolved authority set out in Schedule 23 of the Greater London Authority Act 1999. As part of that schedule, and in line with the Mayor’s Air Quality Strategy, we have worked to develop 2 charging schemes, the London Low Emission Zone (LEZ), and more recently from the 8 April 2019, the ULEZ. Both of these schemes are found within the London Low Emission Zone Scheme Order 2006 as varied – the ‘Scheme Order’. A copy of the Order is available here http://content.tfl.gov.uk/lez-scheme-order.pdf
The Order sets out the specific vehicles affected by the schemes in Article 4 and how they may be compliant; it outlines the vehicles not impacted by the scheme in Article 5; and in Article 6 it sets out that a vehicle meets the standards required of the ULEZ if Transport for London is satisfied the vehicle meets the emissions standards specified for that vehicle in Tables 2 to 6 of Part 2 of Annex 2.
In light of this, we need to be satisfied that any vehicle meets the required emission standards to deem it as compliant with the ULEZ.
To achieve this we predominantly use vehicle data provided by the Driver and Vehicle Licensing Agency (DVLA). However, this isn’t always adequate to allow us to confirm compliance and therefore we supplement this with data from the Vehicle Certification Agency (VCA), and from some vehicle manufacturers. In addition we are also aware of the mandatory vehicle emissions standards introduced by the European Union and their respective implementation dates. This allows us to establish compliance based on a date a vehicle was first registered.
As you state, we are aware that some manufacturers did start manufacturing vehicles to the required standards before the introduction of the mandatory dates. These vehicles are known as “early adopters”. We have worked with manufacturers to identify such vehicles and mark them as being compliant.
In cases where a motorist believes their vehicle is compliant with the ULEZ, but we consider it non-compliant, they should utilise our enquiry service. This allows motorists to contact us and provide information relating to their vehicle to confirm it meets the required standards. The most commonly provided information is a certificate of conformity from the manufacturer confirming the emissions for their specific vehicle. Once provided, and verified by us, the vehicle will be marked as compliant.
In respect of your specific questions we do not hold the information you have requested. This is because we issue PCNs, and accept charge payments, based on the information we hold about a vehicle. Therefore we only accept charge payments and issue PCNs to vehicles which we believe are non-compliant. Based on the information we hold we would not issue PCNs to, or accept charge payments from, vehicles marked compliant.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
