Request ID: FOI-2686-2223 Date published: 09 February 2023
You asked
Hello,
I like you to provide me with the following information;
Pursuant to TfL varied Order -
GREATER LONDON AUTHORITY ACT 1999 TRANSPORT ACT 2000
Greater London Low Emission Zone Charging (Variation and Transitional Provisions) Order 2022
(a) In the Table 1A, vehicle type M2 (I note there is no M1 vehicle type, why?) - EURO 3 Emission standards of 0.05g/kg, and how this value is calculated and why it is relied upon and is applicable to Euro 3 vehicles?.
(b) what is meant by in (g) appropriate tests type 1 (i) how such tests are carried out and provide evidence thereof and whether any European regulation apply and if so which one(s)?
(c) (i) Is 0.05g/kg derived from a "laboratory test"? or
(ii) Real Driving Test (RDE), if not what is the RDE value?
(iii) Is TfL permitted to use "laboratory test" NOx limits in the imposition of ULEZ whether already operational or to be expanded London Wide? if so, please fully explain why?
(iv) Explain why TfL have chosen not to use RDE NOx limits?
(d) In the Table 3, vehicle type M1 - EURO 6 Emission standards of 0.08g/kg limit value for NOx is calculated and relied upon as emission limit for Euro 6 vehicles?
(e) what is meant by in (g) appropriate tests type 1 (i) how such tests are carried out and provide evidence thereof and whether any European regulation apply and if so which one(s)?
(i) Is 0.05g/kg derived from a "laboratory test"? or
(ii) Real Driving Test (RDE), if not what is the RDE value?
(iii) Is TfL permitted to use "laboratory test" NOx limits in the imposition of ULEZ whether already operational or to be expanded London Wide? if so, please fully
explain why?
(iv) Explain why TfL have chosen not to use RDE NOx limits?
(f) In the Table 4, vehicle type M1 - EURO 4 Emission standards of 0.08g/kg limit value for NOx is calculated and relied upon as emission limit for Euro 6 vehicles? Why is it set at the same level as EURO 6 NOx emission limit of 0.08g/kg?
(g) what is meant by in (g) appropriate tests type 1 (i) how such tests are carried out and provide evidence thereof and whether any European regulation apply and if so which one(s)?
(i) Is 0.05g/kg derived from a "laboratory test"? or
(ii) Real Driving Test (RDE), if not what is the RDE value?
(iii) Is TfL permitted to use "laboratory test" NOx limits, in the imposition of ULEZ whether already operational or to be expanded London Wide? if so, please fully explain why?
(iv) Explain why TfL have chosen not to use RDE NOx limits?
(h) explain why the Order is not signed by the Mayor of London Sadiq Khan, as the Chief Executive of the GLA as per the meaning in the GLA Act 1999, Schedule 23? if so, does TfL accept the Order is non-complaint with the said Act and therefore has no validity to be enforced?
We answered
Our ref: FOI-2686-2223/GH Thank you for your request received by Transport for London (TfL) on 24 January 2023 asking for information about ULEZ, which was one of 24 identical requests received. Please be advised that working in concert to submit so many identical or similar requests can lead to the request(s) being refused. Before submitting further requests, we would encourage you to review and consider the advice and guidance offered by the Information Commissioner on how best to access information from public bodies, published on its website here (I would, in particular, point you to the table of “Dos and Don’t’s” that can be found halfway down the page): https://ico.org.uk/your-data-matters/official-information/ Your request has been considered under the requirements of the Environmental Information Regulations and our information access policy. I can confirm that we do hold the information you require. Pursuant to TfL varied Order - GREATER LONDON AUTHORITY ACT 1999 TRANSPORT ACT 2000 Greater London Low Emission Zone Charging (Variation and Transitional Provisions) Order 2022 (a) In the Table 1A, vehicle type M2 (I note there is no M1 vehicle type, why?) - EURO 3 Emission standards of 0.05g/kg, and how this value is calculated and why it is relied upon and is applicable to Euro 3 vehicles?. Table 1Ashows the limits for particulate emissions from compression ignition engines for vehicles in classes M2 and N1 sub class 2 & 3.The emissions limit varies according to the mass of the vehicle in accordance with European directive 70/220/EEC as amended, in particular by 98/69/EC. By virtue of their mass and vehicle class, these vehicles are subject to the Low Emissions Zone rules and charges, where the standard is for mass of particulates equivalent to Euro 3/III. The permissible limits for compression ignition M1 vehicles are shown in tables 2 & 3. (b) what is meant by in (g) appropriate tests type 1 (i) how such tests are carried out and provide evidence thereof and whether any European regulation apply and if so which one(s)? Column (g) refers to the appropriate test for measurement of the emissions, for which the limit is set in column (f). The type 1 test is the test for emissions measurement defined in European Type-approval. It is a chassis dynamometer test for light duty vehicles and an engine dynamometer test for heavy duty engines. The prescribed tests are set out in European directive 70/220/EEC as amended. (c) (i) Is 0.05g/kg derived from a "laboratory test"? or It is a laboratory test, carried out when each model of vehicle was submitted by the manufacturer for type approval. (ii) Real Driving Test (RDE), if not what is the RDE value? The emissions testing at Euro 3 was not subject to RDE testing as RDE was yet to be defined at the time. (iii) Is TfL permitted to use "laboratory test" NOx limits in the imposition of ULEZ whether already operational or to be expanded London Wide? if so, please fully explain why? TfL sets appropriate emissions limits for LEZ and ULEZ to achieve the goal of reducing concentrations of pollutants that are harmful to health.To ensure a robust scheme that is easily understood, the necessary limits are aligned with European type approval limits. This is the data that has been recorded by the DVLA for each vehicle and appears on the V5C. That data, as it appears in Table 1A, was derived from laboratory emissions testing. (iv) Explain why TfL have chosen not to use RDE NOx limits? RDE testing was introduced for light duty testing from 2017 onwards and was not fully implemented until 2022. For vehicles approved to earlier standards than Euro 6 RDE, the test did not exist. But prior to RDE testing, all vehicles, including those subject to RDE, must pass the prescribed laboratory emissions test. These are the limits used to assess compliance with LEZ/ULEZ. (d) In the Table 3, vehicle type M1 - EURO 6 Emission standards of 0.08g/kg limit value for NOx is calculated and relied upon as emission limit for Euro 6 vehicles? Table 3 shows the emissions limits required for compression ignition vehicles subject to ULEZ. For vehicle type M1 (not exceeding 2610kg), the limit is 0.08g/km NOx. This figure aligns with Euro 6 limits for NOx. (e) what is meant by in (g) appropriate tests type 1 (i) how such tests are carried out and provide evidence thereof and whether any European regulation apply and if so which one(s)? Column (g) refers to the appropriate test for measurement of the emissions, for which the limit is set in column (f). The type 1 test is the test for emissions measurement defined in European Type-approval. It is a chassis dynamometer test for light duty vehicles. The prescribed tests are set out in European regulation 715/2007 as amended. (i) Is 0.05g/kg derived from a "laboratory test"? or Table 3(i) shows 0.08g/km and not 0.05g/kg as you state. We have therefore assumed you meant 0.08g/km. It is measured over a laboratory chassis dynamometer test. (ii) Real Driving Test (RDE), if not what is the RDE value? RDE testing was introduced, in phases, after Euro 6 was implemented. It is therefore not appropriate to apply RDE conformity factors to a test that is performed in a different way, nor to apply it to vehicles that were not subject to RDE at the time that they were type-approved and manufactured. (iii) Is TfL permitted to use "laboratory test" NOx limits in the imposition of ULEZ whether already operational or to be expanded London Wide? if so, please fully explain why? TfL sets appropriate emissions limits for LEZ and ULEZ to achieve the goal of reducing concentrations of pollutants that are harmful to health.To ensure a robust scheme that is easily understood, the necessary limits are aligned with European type approval limits. This is the data that has been recorded by the DVLA for each vehicle and appears on the V5C. That data, as it appears in Table 3, was derived from laboratory emissions testing. (iv) Explain why TfL have chosen not to use RDE NOx limits? ? RDE testing was introduced for light duty testing from 2017 onwards and was not fully implemented until 2022. For vehicles approved to earlier standards than Euro 6 RDE, the test did not exist. But prior to RDE testing, all vehicles, including those subject to RDE, must pass the prescribed laboratory emissions test. These are the limits used to assess compliance with LEZ/ULEZ. (f) In the Table 4, vehicle type M1 - EURO 4 Emission standards of 0.08g/kg limit value for NOx is calculated and relied upon as emission limit for Euro 6 vehicles? Why is it set at the same level as EURO 6 NOx emission limit of 0.08g/kg? The emissions limits prescribed in European type approval under Directive 70/220/EEC as amended require that Euro 4 positive ignition M1 vehicles met a NOx limit of 0.08g/km. Regulation 715/2007 defined the Euro 6 NOx limit for compression ignition M1 vehicles as 0.08g/km. Transport for London has chosen each of these values for the Ultra Low Emissions Zone as they allow goals for emissions reduction to be achieved whilst minimising the impacts on the owners of older cars. (g) what is meant by in (g) appropriate tests type 1 (i) how such tests are carried out and provide evidence thereof and whether any European regulation apply and if so which one(s)? Column (g) refers to the appropriate test for measurement of the emissions, for which the limit is set in column (f). The type 1 test is the test for emissions measurement defined in European Type-approval. It is a chassis dynamometer test for light duty vehicles. The prescribed tests are set out in European regulation 715/2007 as amended. (i) Is 0.05g/kg derived from a "laboratory test"? or Again the table shows 0.08g/km and not 0.05g/kg as you state. We have therefore assumed you meant 0.08g/km. It is measured over a laboratory chassis dynamometer test. (ii) Real Driving Test (RDE), if not what is the RDE value? RDE testing was introduced, in phases, after Euro 6 was implemented. It is therefore not appropriate to apply RDE conformity factors to a test that is performed in a different way, nor to apply it to vehicles that were not subject to RDE at the time that they were type-approved and manufactured. (iii) Is TfL permitted to use "laboratory test" NOx limits, in the imposition of ULEZ whether already operational or to be expanded London Wide? if so, please fully explain why? ? TfL sets appropriate emissions limits for LEZ and ULEZ to achieve the goal of reducing concentrations of pollutants that are harmful to health.To ensure a robust scheme that is easily understood, the necessary limits are aligned with European type approval limits. This is the data that has been recorded by the DVLA for each vehicle and appears on the V5C. That data, as it appears in Table 4, was derived from laboratory emissions testing. (iv) Explain why TfL have chosen not to use RDE NOx limits? RDE testing was introduced, in phases, after Euro 6 was implemented. It is therefore not appropriate to apply RDE conformity factors to a test that is performed in a different way, nor to apply it to vehicles that were not subject to RDE at the time that they were type-approved and manufactured. (h) explain why the Order is not signed by the Mayor of London Sadiq Khan, as the Chief Executive of the GLA as per the meaning in the GLA Act 1999, Schedule 23? if so, does TfL accept the Order is non-complaint with the said Act and therefore has no validity to be enforced? Schedule 23 requires that a road user charging scheme is contained in an order which is made by the charging authority (TfL) and confirmed by the Mayor. In compliance with these requirements, the Greater London Low Emission Zone Charging (Variation and Transitional Provisions) Order 2022 was made by an authorised officer of TfL and confirmed by the Mayor by the Greater London Low Emission Zone Charging (Variation and Transitional Provisions) Order 2022 Instrument of Confirmation 2022. 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
