The Department for Transport has launched a consultation on proposals that could see drivers fined up to £1,000 for owning petrol or diesel cars that fail to meet original emissions standards. The consultation, titled 'In-use Emissions of Road Vehicles: Regulating Environmental Impacts', aims to close a legal loophole that currently exempts modern vehicles from maintaining their original emission control standards.
Loophole in Current Emissions Law
Existing in-use emission rules only explicitly reference standards up to Euro 4 for light vehicles and Euro V for heavy goods vehicles and buses. This means vehicles meeting Euro 5, Euro 6, and Euro VI standards operate without a clear legal mandate requiring their emission control systems to maintain factory build standards while on the road.
The government confirmed: 'This consultation seeks views on proposals to strengthen the law around emissions from road vehicles that are in-use in Great Britain. The proposals aim to ensure that road vehicles continue to meet the same legal emissions requirements that applied when they were built and first registered for use on the roads.'
Evidence of Excess Emissions
A recent study using roadside remote-sensing technology examined over 94,000 vehicles across several UK cities. It found that fewer than one in 10 passenger cars met the official limits for nitrogen oxides. Two in three Euro 5 and Euro 6 diesel cars were emitting more than three times the level allowed.
Proposed Changes and Penalties
The consultation proposes changes to regulations under the Road Traffic Act 1988, including sections on vehicle use not complying with construction requirements (section 42), vehicle alterations (section 75), and fitting unsuitable parts (section 76). Breaches could result in fines between £1,000 and an unlimited amount following successful prosecution in magistrates' court.
The consultation states: 'Similarly, we do not propose to distinguish unintentional and deliberate modifications made to the ECS, nor whether these are through hardware or software alterations. The environmental and health impacts of excess emissions are the same, regardless of the reason. Such distinctions can also be difficult to evidence and would make enforcement unreasonably difficult.'
Consultation Timeline
Drivers and businesses have until September 6 to respond to the consultation. The proposals apply to Great Britain and could significantly impact owners of petrol and diesel cars, particularly those with modified emission control systems.
