ENFORCEMENT OF VEHICLE EMISSIONS STANDARDS BY
AUTHORITIES - ANALYSIS OF RESPONSES TO CONSULTATION
LOCAL
Introduction
1.
On 17 August 2001 the Scottish Executive issued a consultation paper on enforcement
of vehicle emissions standards by local authorities. The paper sought views on the
Executive's proposals to extend powers to local authorities in Scotland enabling them to
check compliance with vehicle emissions standards at the roadside. Such powers have been
available on a trial basis since 1998 to Glasgow City Council. The proposals also extend to
authorities a power to help prevent motorists from leaving engines in parked vehicles idling
unnecessarily.
2.
The consultation, covering a 12 week period, closed on 9 November (although several
responses received after this date have been included). Around 140 copies of the paper were
distributed to all local authorities in Scotland, plus six in England and Wales who also
participated in the trial scheme, together with a number of public bodies and Non
Government Organisations, and industry, business and professional interests. Further copies
were distributed on request and the document was also made available on the Executive's
internet website. This report presents the findings of the consultation exercise, the major
issues raised and the Executive's conclusions. A summary of responses is provided at Annex
A and a list of respondents at Annex B. This report is also available on the Executive's
website at www.scotland.gov.uk/airquality
Overview
3.
We received 26 written responses to the consultation paper, two of which were also
submitted by email and two by fax. One further response was submitted by email only. All
responses have been analysed by the Executive and can be broken down into the following
categories:
Category
Scottish local authorities
Motor industry
Motorists' organisations
Non Government Organisations
English local authorities
English local authorities
Police
Number of responses
19
2
2
2
1
1
1
Copies of the responses are available for public inspection at the Scottish Executive Library,
Saughton House, Broomhouse Drive, Edinburgh EH11 3XD (an appointment can be made by
contacting Alan Gold on 0131 244 4552).
Main Themes
4.
Respondents were generally supportive of the Executive's proposals. Although views
were sought on all aspects of the proposals, the paper posed three key questions and it was
these on which the majority of respondents focused. These questions were:
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whether the powers should be restricted to local authorities declaring Air Quality
Management Areas (AQMAs) or available to all authorities;
whether the proposed fixed penalty concessions are appropriate; and
what the resource implications will be for local authorities.
5.
All local authority respondents supported the principles of the proposals, recognising
that they could be a useful additional tool for dealing with local air quality problems,
although most acknowledged that they would be unlikely to use them in practice. Motorists'
organisations and the police also welcomed the proposals. The motor industry, whilst in
favour of vehicle emissions testing itself, felt it would be more appropriate for all vehicles to
be tested regularly at an MOT station, on the basis that the necessary equipment and trained
personnel were already in place. Only one respondent voiced reservations about the proposed
powers, stating that they were unnecessary and alternative, more effective measures could be
adopted to achieve the objectives outlined.
Key Issues
Extent of the scheme
6.
Opinion was equally divided on whether the powers should be restricted to local
authorities declaring AQMAs or available to all local authorities to use if they chose - ten
respondents were in favour of each option. One respondent expressed no preference and the
remaining six did not offer a view. The main reasons given for a restricted scheme were that
testing should focus on those areas where the problems are, and that authorities not declaring
AQMAs would be unlikely to use the powers, even if they had them. Those supporting wider
availability felt that, as the scheme was to be optional, it should be for local authorities
themselves to decide whether to utilise it or not. It was also pointed out that some authorities
were not required to declare AQMAs but still had air quality issues to deal with, and may
wish to consider using the powers to further improve air quality in their areas.
Fixed penalty concessions
7.
A range of views were expressed on the fixed penalty concessions. Eight respondents
were in favour of them as outlined in the consultation paper. Another noted that the
concessions proposed for Scotland were slightly different to those in a similar scheme
proposed for England, and felt that they should be the same. Five respondents were
concerned about the introduction of concessions if fixed penalty income was to be crucial to
the funding of the scheme. Five respondents thought that providing concessions would send
out the wrong message to motorists and another three suggested that the fixed penalty should
be increased if not paid within a certain period (this is in fact part of the proposals anyway).
8.
Two respondents were in favour of the fixed penalty being waived completely in all
circumstances if the defect was corrected within the required period. This is on the basis that
a more 'motorist friendly' approach is most likely to encourage co-operation and that the
stated aim of the scheme is to ensure compliance - there would be no benefit from further
penalising motorists once this was achieved. It was also pointed out that in the case of newer
vehicles, manufacturers often recommend that servicing is only required annually so that
drivers may well be exceeding standards inadvertently. Another respondent, whilst
acknowledging that this approach would be popular, felt that it would dilute the effectiveness
of the scheme.
Financial implications
9.
Respondents were almost unanimous in agreeing that funding would be essential if
local authorities were to make use of the powers. Seven respondents were of the view that
200 days testing per year would be an unrealistic target for authorities, even with funding.
Reasons given for this were lack of suitable testing sites, unavailability of trained personnel
and police support for anything other than short periods, and adverse weather conditions
when it would not be possible to use the equipment. Few estimates of what would be a more
realistic number of days were given - one respondent suggested 20 and another between ten
and 20. Two respondents noted that costs could be reduced if authorities shared resources.
10.
Four respondents suggested that it may be more appropriate to increase the resources
available to the Vehicle Inspectorate enabling it to extend the existing testing programme,
rather than placing the burden on local authorities. Two respondents thought that vehicles
should be tested regularly at an MOT station, for reasons outlined in paragraph 6. One
respondent felt that the costs of the scheme would outweigh the potential benefits. Two
respondents suggested that giving local authority personnel powers to stop vehicles would
help reduce costs, but two others thought that only the police should ever have these powers.
One respondent noted that costs of pursuing non-payment of fines had not been fully
explored.
Other points raised
11.
Few other issues were raised in the responses. One respondent suggested that the
proposals could be strengthened by adding the offence of obstructing a vehicle testing officer.
The importance of effectively publicising the scheme and getting the message across to the
public was highlighted by two respondents, with another suggesting that this should also
involve encouraging motorists to go further than meeting the bare minimum of simply
complying.
12.
The proposed powers allowing local authority personnel to instruct motorists to
switch off engines in parked cars were commented on by only two respondents. One
remarked that these had not been tested to any great extent during the trial period and another
thought that they would be difficult to enforce.
The Executive's Conclusions
13.
The Executive has carefully considered all of the views expressed by respondents to
the consultation exercise and our conclusions are as follows:
Extent of the scheme
14.
Given that the powers will be optional, we agree that it should be for individual
authorities to decide whether they would be appropriate for their particular circumstances. In
practice, only those authorities declaring AQMAs are likely to use the powers, but others may
feel that they could help in addressing less significant but still locally important air quality
problems.
Fixed penalty concessions
15.
Experience from the trial scheme operated by Glasgow City Council suggests that
waiving the fixed penalty in all circumstances if a defect is corrected within the required 14
day period is an effective way of securing motorists' support for the scheme and encouraging
compliance. The aim of the scheme is not to unduly penalise motorists but to help ensure that
emissions standards are met. Pursuing a fixed penalty once a defect has been corrected
would not serve any further purpose. At the same time however, we would not want a
situation where motorists who deliberately avoid maintaining their vehicles were not subject
to any penalty beyond paying for the defect to be corrected. We therefore propose that
motorists who can produce a valid MOT certificate (or, in the case of vehicles less than three
years old, proof of proper servicing) would have the penalty waived completely. Those who
could not do so would have to pay the full fixed penalty, even if the defect was corrected
within two weeks.
Financial implications
16.
We acknowledge the overwhelming view of respondents that funding for local
authorities will be necessary if the powers are to be utilised. The Executive is currently
investigating a number of options for funding and expects to have suitable arrangements in
place when the scheme is introduced in April 2002.
Other points raised
17.
The Executive agrees that powers to stop vehicles should remain with the police. We
see no need to introduce an additional offence of obstructing a vehicle testing officer, as a
police presence should ensure that any difficulties are effectively dealt with. Publicity for the
scheme is certainly essential and the comprehensive guidance that will be issued to local
authorities before the measures are introduced addresses this in detail. Local authority
personnel will be expected to exercise common sense when deciding whether to request
drivers to switch off engines in parked vehicles, and the guidance will also contain
comprehensive advice on this aspect.
18.
The Executive believes that the proposed powers will provide local authorities with a
useful additional tool for addressing problems of poor air quality in their areas. The
modifications made to the original proposals will allow local authorities themselves to decide
whether the powers are appropriate for their particular circumstances, and will also avoid
unduly penalising motorists who take steps to comply with the prescribed limits.
ANNEX A
SUMMARY OF RESPONSES
AA Scotland
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powers should be available only in AQMA authorities
powers to stop vehicles should remain with the police
proposed concessions should be introduced
Aberdeen City Council, Environment & Property Department
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proposals are welcome
no preference on whether scheme should be restricted to AQMA authorities
concessions outlined in the proposals should be introduced
unlikely that Aberdeen would make use of powers without funding
20 days testing per year, rather than 200, is probably more realistic
number of locations suitable for testing is likely to be limited
employment of suitably trained part time staff may pose difficulties
may be more cost effective for authorities to share equipment or for one authority to hire trained staff from another
continued police support is essential
introducing powers for persons other than police, e.g. traffic wardens, to stop vehicles would reduce costs
costs of pursuing non-payment of fines have not been fully explored
Aberdeenshire Council, Planning & Environmental Services
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all local authorities should be given the option of using the powers
funding will be required to support the scheme
Association of Chief Police Officers in Scotland
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all local authorities should have the option to use the powers
fixed penalties should be waived if defects are corrected within the required period
police would continue to provide support to local authorities as in the trial scheme
Birmingham City Council, Environmental & Consumer Services
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local authorities will need funding to cover costs
proposed legislation should be strengthened by adding offence of obstructing a vehicle testing officer
powers to stop vehicles should remain with the police
The City of Edinburgh Council, Corporate Services
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powers should be available to all local authorities
there should be no concessions for fixed penalties - these instead should increase following failure to pay
funding will be essential
proposals should be amended to allow local authority personnel to stop vehicles
Dundee City Council, Environmental & Consumer Protection
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powers should be available to all local authorities
ring fenced funding will be essential for most authorities
proposed concessions should be introduced
scheme as proposed is unrealistic in its extent
East Ayrshire Council, Protective Services
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East Ayrshire and most other authorities unlikely to use powers given costs
powers should be available to all local authorities
proposed concessions should be introduced, but waiving altogether maybe inappropriate if large numbers of vehicles fall into this
category
East Lothian Council, Environment & Technical Services
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powers should be made available to all local authorities
fixed penalties should be kept at a standard rate with no reductions allowed
East Lothian would not participate without funding
East Renfrewshire Council, Environment Department
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all local authorities should be given the option of using powers
proposed concessions for fixed penalties should be introduced
funding for participating authorities is recommended
Falkirk Council, Development Services
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unlikely that local authorities will be able to undertake testing without ring fenced funding
powers should be restricted to AQMA authorities - could be expanded in future if necessary
if fixed penalty is to be waived following correction within two weeks, financial provision to cover income loss will be needed
Glasgow City Council, Environmental Protection Services
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local authorities are only likely to operate schemes for much fewer than 200 days per year due to costs, securing police support, lack of
suitable sites and adverse weather conditions
getting the message across will be difficult - co-operation between Executive and authorities essential
fixed penalties should be waived if defects are corrected within the required period
little testing of powers to instruct drivers to switch off engines took place during trial
The Highland Council, Protective Services
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powers should be restricted to AQMA authorities
if testing turns out to be a national necessity, the VI should be tasked and funded to carry it out
Midlothian Council, Community Services
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powers should be available to all local authorities
there should be no concessions - sends the wrong message to motorists and reduces income
direct funding from the Executive would be essential
Motest UK Ltd
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unnecessary financial and logistical burden on local authorities
MOT testing stations better placed to carry out testing
all vehicles should be tested every six months
alternatively, suspect vehicles should be required to demonstrate compliance, as for existing vehicle defect scheme
North Ayrshire Council
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powers should be restricted to AQMA authorities
local authorities will not participate without funding being made available
providing extra resources for VI to carry out testing would be more appropriate
no reductions in fixed penalties should be allowed if fee income is crucial to viability of the scheme
North Lanarkshire Council, Protective Services Division
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powers should be restricted to AQMA authorities
waiving penalty for rectifying defects in two weeks would dilute effectiveness - 50% reduction would be more appropriate
fixed penalty should be waived if owners can demonstrate they have taken all reasonable steps to ensure compliance
clarification needed of varying figures on percentage of vehicles tested that fail to comply
Perth & Kinross Council, Environment Services
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powers should be restricted to AQMA authorities
penalty should be waived if defect is corrected within two weeks
few authorities would be able to carry out testing without funding
RAC Motoring Services
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powers should be restricted to AQMA authorities
proposed concessions should be the same as England for consistency
clarification required on whether switching off engine powers are to be restricted to AQMAs or given to all authorities
clarification required on whether breakdown vehicles will be allowed to keep engines running
measures will need to be widely publicised
Renfrewshire Council, Environmental Services
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if participating, Renfrewshire would only carry out testing on 10-20 days per year, due to costs
proposals would be impractical if the Council has to pay for equipment and staff training
waiving of penalty following correction could unfairly penalise drivers of modern vehicles
fixed penalty reductions will help to make the scheme fair to motorists
vehicle manufacturers should be consulted as these advise motorists on appropriate service intervals
section 98 of the regulations appears unenforceable in its current form as it allows the use of engines for purposes other than driving
Scottish Environment Protection Agency, Strategic Planning Directorate
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the new powers are unnecessary and more effective measures could be adopted
powers should be available to all local authorities
discretionary element of issuing fixed penalties does not seem robust and reduces potential impact
costs to authorities seem to considerably outweigh the potential benefits - resource implications will be significant
clarification of percentage of tested vehicles failing to comply is needed
emissions performance results related to mass emissions rather than individual vehicles would be helpful
the proposals refer to an 'education process', but there is no detail on what it might involve or cost
voluntary rectification of defects (as practised by Glasgow in the trial scheme) would be the most popular approach, although a more
lenient approach would have less power and reduce local authority income
unlikely that any authority would carry out testing for 200 days per year without sufficient funding to employ full time staff
one possibility would be not to reduce or waive fixed penalties but to increase them if defects aren't addressed
motorists will learn where testing is taking place and find alternative routes
motorists should be encouraged to go further than simply complying and to perceive lower emissions as a key criterion when choosing
a new vehicle
the powers and resources of the VI could be expanded as an alternative
more focus may be needed on buses and other large vehicles
Scottish Motor Trade Association Ltd
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more appropriate and better use of resources for MOT stations to carry out testing
testing should be every six months
Scottish Natural Heritage
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welcome acknowledgement that vehicle emissions affect plants, animals and ecosystems
South Ayrshire Council, Development, Safety & Regulation
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powers should be restricted to AQMA authorities
South Lanarkshire Council, Enterprise Resources
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powers should be available to all local authorities
proposed concessions should be introduced, but a sliding scale for repeat offenders could be considered
resource implications are significant and few authorities are likely to make use of the powers
VI could carry testing on local authorities' behalf
West Dunbartonshire Council, Department of Economic, Planning & Environmental Services
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powers should be restricted to authorities with AQMAs
concessions should be introduced, but not complete waiving of penalties
costs are likely to be more than estimated in RIA
200 testing days per year is unlikely to be achieved
smaller authorities could share equipment
West Lothian Council, Strategic Services
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powers should be restricted to AQMA authorities
financial support would be essential - West Lothian would not participate otherwise
penalty should not be waived if the defect is corrected in two weeks
costs associated with 200 days testing unrealistic for most authorities
ANNEX B
RESPONDENTS
AA Scotland
Aberdeen City Council, Environment & Property Department
Aberdeenshire Council, Planning & Environmental Services
Association of Chief Police Officers in Scotland
Birmingham City Council, Environmental & Consumer Services
The City of Edinburgh Council, Corporate Services
Dundee City Council, Environmental & Consumer Protection
East Ayrshire Council, Department of Community Services
East Lothian Council, Environment & Technical Services
East Renfrewshire Council, Environment Department - Protective Services
Falkirk Council, Development Services
Glasgow City Council, Environmental Protection Services
The Highland Council, Protective Services
Midlothian Council, Community Services
Motest UK Ltd
North Ayrshire Council
North Lanarkshire Council, Protective Services Division
Perth & Kinross Council, Environment Services
RAC Motoring Services
Renfrewshire Council, Environmental Services
Scottish Environment Protection Agency, Strategic Planning Directorate
Scottish Motor Trade Association Ltd
Scottish Natural Heritage
South Ayrshire Council, Development, Safety & Regulation
South Lanarkshire Council, Enterprise Resources
West Dunbartonshire Council, Department of Economic, Planning & Environmental Services
West Lothian Council, Strategic Services