Is this proof ULEZ restrictions are totally arbitrary? Scottish driver discovers his 2015 diesel Audi is banned in Glasgow but passes emissions test for London
- One motorist’s ban was dropped after finding car was allowed in London’s Ulez
- Another is seeking a judicial review of the lawfulness of Lez at court tomorrow
Glasgow’s Low Emission Zone (Lez) is facing a mounting backlash as one motorist had his ban overturned after establishing his car was allowed in London’s Ultra-Low Emission Zone (Ulez) – while another heads to court to fight the scheme tomorrow.
Angus Allen, 63, of Strathaven, South Lanarkshire, bought a diesel Audi convertible in February after first checking a UK database which said it would be Ulez-complaint.
He therefore presumed the T3 car – which was registered in 2015 and has a Euro 5B engine – would be compliant with Glasgow’s Lez, which was introduced on June 1.
But in April a new checker claimed his car would be banned – so he put in a Freedom of Information request and was told six weeks later it would in fact now be allowed.
Separately, businessman William Paton will tomorrow go to Scotland’s highest civil court to fight Lez, which is banning thousands of older cars and vans from the city.
Mr Paton is seeking a judicial review of the lawfulness of the Lez and claims his long-standing accident repair firm has been badly hit, with jobs under threat as a result.
It comes as London Mayor Sadiq Khan presses on with his controversial expansion of Ulez in the capital, which is set to cover all of Greater London from August 29.
Motorist Angus Allen has revealed how he was told his Audi did not comply with Glasgow’s Lez – before having the ban overturned after establishing it was allowed in London’s Ulez
William Paton will go to Scotland’s Court of Session tomorrow to fight Glasgow’s Lez scheme
Glasgow’s Lez, which bans most pre-2006 cars, is based on different calculations from England’s Lezs. And unlike southern zones where drivers can pay to use their cars there, drivers in Scotland get hit with a fine which can quadruple if left unpaid.
The Lez in Glasgow was brought in despite inflation concerns – and there was further anger earlier this month when the city’s only ‘night bus’ was tipped to be axed.
Q&A: How does the Glasgow Lez work and who is exempt from it?
How does the Glasgow Low Emission Zone work?
Automatic number plate recognition cameras scan every vehicle entering the restricted area and check they are compliant with the council’s standards for emissions.
The cameras operate 24 hours a day, 365 days a year and fines are issued to motorists in excluded vehicles.
Cars, vans lorries and buses are all included within the scheme.
What vehicles are exempt from the Lez?
Motorbikes, mopeds, ambulances, police cars and fire engines are exempt. Disabled drivers with blue badges can apply for exemptions.
Residents within the zone can apply for a year-long exemption, but they will be hit by the LEZ restrictions from June next year.
Taxi drivers can also request a year-long exemption if they say they are looking to improve the environmental credentials of their cab.
How much are the fines?
The penalty for driving into the LEZ – even accidentally – will be £60 for a first offence.
The council will halve the fine if paid within 14 days.
But the penalty charge then doubles for each subsequent breach within 90 days of the last fine.
Fines will be capped at £480 for cars and vans, and £960 for buses and HGVs.
What cars are now banned from driving in the city centre?
As a general rule, diesel cars registered before September 2015 and petrol vehicles registered before 2006 are not allowed in the LEZ.
Vehicles that meet the following international emission standards will be allowed:
- Euro 4 for petrol vehicles
- Euro 6 for diesel vehicles
- Euro IV for heavy-duty petrol vehicles such as buses, coaches and HGVs
- Euro VI for heavy-duty diesel vehicles
Where is the LEZ?
Glasgow’s LEZ covers the city centre area inside the M8, with the motorway as the boundary to the north and west, the River Clyde at the south and 130 x 115 the High Street to the east. The M8 is not included in the LEZ, and every entrance is signposted.
Why is it being imposed?
Pollution in Glasgow city centre has previously been above the legal limit for air quality, with high levels of dangerous nitrogen dioxide.
In its explanation for the measures, Glasgow City Council stated: ‘We need to reduce levels of harmful vehicle emissions in our city centre.
‘These can cause health problems, particularly for those most vulnerable. That’s why from June 1, 2023, our Low Emission Zone will come into force.’
Mr Paton claims that his garage depends on vehicles driving in for repairs but with many now not meeting Lez rules, car owners are having to go elsewhere.
Judge Lady Poole is expected to decide at the Court of Session tomorrow whether Mr Paton’s action against Glasgow City Council can proceed.
The council claims businesses and residents have had ‘years’ to comply with the rules.
However, the Scottish Mail On Sunday revealed earlier this month that the local authority spent £3,500 of taxpayers’ cash in the first week of the LEZ hiring vehicles as around a third of its own fleet does not conform.
Mr Paton said: ‘We were told we should have been better prepared only to learn the council hadn’t bothered to get 600 of its own vehicles compliant in time.
‘The fact the taxpayer picks up the bill for hire costs as a result reveals their hypocrisy. We will pursue our case in an attempt to help our business and others.’
Tory MSP Douglas Lumsden said: ‘Glasgow’s LEZ is just typical of this SNP-Green Government rushing through policies and making a mess of them and now business owners like Mr Paton are paying the price.’
But a Glasgow City Council spokesman said: ‘We will defend the scheme against this legal challenge.’
Separately, Mr Allen has revealed how he was told his Audi did not comply with the Lez – before having the ban overturned after establishing it was allowed in London’s Ulez.
For months in advance, motorists had to rely on the UK Government’s Vehicle Certification Agency (VCA) website for guidance about if their cars could be used.
But a new registration checker was then launched by Glasgow City Council a few months after Mr Allen bought his Audi, revealing that the car was in fact banned.
It took a Freedom of Information request to get the situation resolved and the Audi can now be used – although Mr Allen is still not sure why this
Mr Allen said: ‘We bought the car in February this year. Before we bought it, we checked the advice on the Glasgow City Council website. At that time they didn’t have a dataset.
‘We checked on the UK database, which showed it was compliant with Ulez zones in place. We thought that was great, and bought the car. It was a model registered in March 2015.
‘A few months after that, a database was published to check if your car was compliant in Glasgow.’
Mr Allen checked the newly published Transport Scotland registration checker and was shocked when it revealed his car was non-compliant in Glasgow’s Lez.
He said: ‘I thought it was really weird that I could drive into London with this car but can’t drive into Glasgow. I thought, is that true and accurate, or is there a problem here?’
In April, Mr Allen contacted Transport Scotland to clarify why his car was now non-compliant.
He said: ‘I got back a very blunt response which I didn’t think was very helpful. That prompted me to send in a Freedom of Information request.
‘Surprisingly, about six weeks later, I got an email back from them. It was slightly contradictory to the first email, but it said that my car was now compliant and they had updated the records.
‘So then I thought, well, that’s interesting. Is this just my car they’ve updated the records for? Or have they done this for all cars in this marginal area?
‘I don’t know if this is a widespread problem or just a problem with a few vehicles.’
Transport Scotland’s Lez vehicle checker uses data provided by the Government’s Driver and Vehicle Licensing Agency (DVLA) from its vehicle records.
Glasgow’s Low Emission Zone (Lez) has enforcement signs dotted around the city centre
In response to Mr Allen’s query, the details of his car were updated by the DVLA.
He said: ‘I would say to someone if you’re on the margins and not compliant, then contact Transport Scotland and ask them to double-check your registration number.’
READ MORE Ulez revolt escalates as Hertfordshire council warns it WON’T allow Sadiq Khan to put up signs and CCTV cameras
Howard Cox, founder of the FairFuelUK campaign group and Reform UK’s candidate for London Mayor, said Mr Allen’s case showed such zones are simply ‘a cash grab’
He told MailOnline today: ‘The inconsistencies of what vehicle is or is not compliant across the UK shows it’s not about air quality levels.
‘It’s purely a cash grab for ignorant virtue signalling local authorities to fleece honest tax paying drivers who have no choice but to use their vehicles.
‘As the next London Mayor I will dump all ULEZ not just the August Expansion. The anti-driver policies across the UK must also stop now.’
But a Transport Scotland spokesman said: ‘We are aware that on a small number of occasions there are anomalies with vehicles returning an incorrect compliance status on the LEZ vehicle checker.
‘Some vehicle manufacturers produced vehicles that met the LEZ emission standards before it was legally required, meaning there are a small number of vehicles that may be compliant based on emission limit values rather than their Euro emission status.
‘We are unable to comment on individual cases, however vehicle information from the Lez Vehicle Checker, including compliance status, is provided by the DVLA.
‘This is a legal requirement within the Transport (Scotland) Act 2019 whereby a record certifying the compliance status of a vehicle must be obtained from the Secretary of State.
The Ultra Low Emission Zone (Ulez) currently covers the area inside the North and South Circular roads, but the Mayor intends to expand it across all of Greater London on August 29
‘As the Vehicle Checker is linked to the DVLA database, the only way for this to be rectified is for a query to be raised with the DVLA. This can either be done by the enquirer contacting the DVLA directly, or we will do so on their behalf.’
READ MORE Revealed: Sir Keir Starmer DIDN’T object to the rollout of the Ulez when it was imposed on his constituency in 2019 as the Labour leader now urges Sadiq Khan to review the proposed expansion of the scheme after failure in the Uxbridge by-election
A spokesman for Glasgow City Council added: ‘Glasgow’s Low Emission Zone only allows access to vehicles which meet the minimum emission standards or are exempt.
‘Transport Scotland’s vehicle registration checker allows you to see if your vehicle can or cannot drive within a LEZ in Scotland, based on whether it is considered compliant or non-compliant with the emission standards.
‘Full details about the requirements of Glasgow’s LEZ and a link to the registration checking tool can be found on the council website at www.glasgow.gov.uk/LEZ.’
Separately, Labour leader Sir Keir Starmer revealed today that he had asked Mr Khan to ‘reflect on’ the rollout of London’s Ulez ‘because of the impact it’s having on people’.
Sir Keir told BBC Radio 5 Live: ‘There’s a law in place, as you know, that requires the Mayor of London to take measures to reduce air pollution.
‘So, the law is actually driven by the Government and the first Ulez scheme was actually introduced by a Tory mayor. So, this has been politicised, but, actually, it is about air pollution.
‘I want him to reflect and look at the scheme, and see whether there are things that can be done to make it easier for people.’
It comes amid claims reported by the Daily Mail today that Sir Keir failed to raise any objections to the Ulez rollout.
The Labour leader last week blamed his party’s failure in the Uxbridge by-election on the plans of Mr Khan to expand the zone in the capital. It will mean more hard-up motorists with older vehicles have to pay a £12.50 daily fee.
Protesters demonstrate against the Ultra Low Emission Zone at London’s High Court on July 4
Records show that Sir Keir, whose Holborn and St Pancras constituency is within the current Ulez boundaries, was one of dozens of London MPs invited to take part in Transport for London consultations in 2016 and 2017, but he did not lodge any input.
There is also no record of him responding to a subsequent fact-finding exercise last year on the Labour mayor’s plan to expand the controversial ultra low emission zone to cover all London boroughs.
This expansion is now set to go ahead next month, although Tory mayoral candidate Susan Hall last week said she would reverse it on her first day in office if she defeats Mr Khan in next year’s contest.
Also today, Hertfordshire County Council told Mr Khan it won’t allow any Ulez signage or enforcement cameras to be erected within its boundaries when the zone is extended.
As part of its protest against the scheme, the council has threatened legal action over Mr Khan’s ULEZ expansion, which is currently the subject of judicial review.
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