Request ID: FOI-2867-2223 Date published: 02 March 2023
You asked
I am hereby requesting the following information regarding compliance or non-compliance of vehicles in relation to the ULEZ zone in London.
By way of background information, the current TFL ULEZ "Check-my-car" site is showing many inconsistencies. These inconsistencies are even between a vehicle status on the TFL ULEZ checking site and the TFL Auto-pay site; both TFL's own websites!
My own vehicle is showing currently correctly on Autopay as compliant, and incorrectly on TFL ULEZ checking site? The issue here is that people are making non-compliance decisions based on "Check my Vehicle". I realise that TFL uses information from DVLA. This information is generally known to be wildly inaccurate.
Therefore, I would like clarification on:
1. Why is my vehicle registration XXX XXX showing as compliant on TFL Auto-pay site and non-compliant on TFL Check-your-Vehicle site?
2. What is the EXACT criteria for a vehicle to be compliant? And if this compliance is based on over one criterion, is it one or the other or both needing to be compliant? (ie CO2 output AND Euro category?) Or is compliance of one or the other sufficient?
3. Is ULEZ compliance based on a vehicle's ACTUAL emission, or is it based on a manufacturer laboratory possibility? (Remember, most diesel cars manufactured between 2009 and 2018 had emission CHEAT systems fitted)
4. What is the EXACT legislation that allows you to require a payment to operate a vehicle withing the London ULEZ zone, and to fine a non-compliant vehicle operating in the London ULEZ zone?
5. What appeal process is open to a car that IS compliant, but it's manufacturer paperwork, (COC) is not showing any Euro categorisation?
We answered
Our Ref: FOI-2867-2223
Thank you for your request received on 6 February 2023 asking for information about Ultra-low Emission Zone (ULEZ) vehicle compliance.
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 do hold the information you require.
In order to establish whether a vehicle is compliant with the ULEZ emission standards we predominantly use the vehicle data held by the DVLA. In most cases we can establish a vehicle’s compliance status by the date it was first registered as new. We know that all diesel cars first registered as new after 1 September 2015, and all petrol cars first registered as new after 1 January 2006 are automatically compliant with the ULEZ standards. This is because there was a legal requirement on manufacturers to produce vehicles to Euro 4 (petrol) and Euro 6 (diesel) standards as of those dates.
Using the data provided by the DVLA we have developed a compliance database which lists the compliance status of all UK registered vehicles. This is not a live link to the DVLA data rather a static list of vehicles which is refreshed with new updated DVLA data every month. By updating the list regularly it ensures any update to vehicle information held by the DVLA is reflected on our database.
We acknowledge that the information held by the DVLA may not always allow us to establish whether a vehicle is compliant, not least because there is no requirement for them to record a vehicle’s emissions. We therefore supplement the DVLA data with information from the VCA (Vehicle Certification Agency) and information sourced from vehicle manufacturers.
We have also set up an enquiry service which allows motorists to contact us if they believe that the compliance details we hold are incorrect. This allows them to provide information to us on their vehicle and request that we update the compliance status. If we receive information which confirms compliance we will update our records and mark the vehicle compliant. Such evidence could include a Certificate of Conformity from the vehicle manufacturer.
In addition to the compliance status of a vehicle there are also a small number of exemptions in place for ULEZ and this includes historic vehicles. Any vehicle with a tax class of ‘historic vehicle’ is exempt from the ULEZ and will remain so unless the tax class changes. However the compliance checker only gives out a result based on a vehicle’s emissions and does not consider whether a vehicle may be tax class exempt. This is why when the compliance checker gives out a result there is a message on the bottom of the result saying any discounts and exemptions will show on the ‘pay the charge’ screen.
You asked:
1. Why is my vehicle showing as compliant on TFL Auto-pay site and non-compliant on TFL Check-your-Vehicle site?
The DVLA records indicate that this vehicle was first registered as new in September 1976. This means that it wouldn’t meet the relevant emission standards and therefore it shows as non-compliant on the compliance checker. However when the vehicle is entered into the ‘pay the charge’ screen no charge is payable. Therefore we believe the vehicle to be exempt under the historic tax class exemption outlined above.
2. What is the EXACT criteria for a vehicle to be compliant? And if this compliance is based on over one criterion, is it one or the other or both needing to be compliant? (ie CO2 output AND Euro category?) Or is compliance of one or the other sufficient?
The criteria for compliance and the emission standards are outlined in the LEZ Scheme Order which also includes the ULEZ. A copy of the order is available online:
https://content.tfl.gov.uk/lez-scheme-order.pdf
The specific emissions standards for each vehicle are outlined in Annex 2 to the Scheme PART 2 - Emissions standards for Ultra Low Emission Vehicles which begins on Page 30. Each criterion for compliance must be met to for the vehicle to be considered compliant.
3. Is ULEZ compliance based on a vehicle's ACTUAL emission, or is it based on a manufacturer laboratory possibility? (Remember, most diesel cars manufactured between 2009 and 2018 had emission CHEAT systems fitted)
The compliance status is based on what we know about a vehicle at any given time and this is usually based on information held by the DVLA, which is provided by the manufacturer at the point of first registration. We also take into account other sources of information as outlined above.
4. What is the EXACT legislation that allows you to require a payment to operate a vehicle withing the London ULEZ zone, and to fine a non-compliant vehicle operating in the London ULEZ zone?
Section 295 of the Greater London Authority Act 1999 (GLA Act, as amended) gives TfL the power to create road user charging schemes in Greater London. Schedule 23 of the GLA Act sets out detailed legal provisions. The ULEZ and London Low Emission Zone (LEZ) are road user charging schemes and are established under the Greater London Low Emission Zone Charging Order 2006 (2006 Order). This 2006 Order contains a road user charging scheme called the London Emissions Zones Charging Scheme (‘the Scheme’) - this is contained in the Schedule to the 2006 Order. This Scheme originally only covered the LEZ (established in in 2006) but it was amended and renamed in 2015 to incorporate the ULEZ alongside the LEZ.
5. What appeal process is open to a car that IS compliant, but it's manufacturer paperwork, (COC) is not showing any Euro categorisation?
The Scheme Order states that TfL must be satisfied that a vehicle meets the relevant emission standards outlined in the Scheme Order to be marked compliant. While there is no formal appeal process; as outlined above our enquiry service allows motorists to contact us if they believe that the compliance status we hold is incorrect. Motorists can provide evidence to confirm that the vehicle is compliant and once this is verified the compliance status is updated. Each enquiry, and the supporting evidence, is considered on an individual basis.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
