This is a Red Line issue. European Commission and European Parliament must withdraw from negotiations with the Council of Ministers unless the new regulation of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers includes the effective, independent and periodic tailpipe testing of oxides of nitrogen (petrol and diesel vehicles) and particulates (diesel vehicles only). Europe should keep current legislation rather than allow a new regime that would risk weakening emission systems checks
Clean Air in Londonurges its supporters to make their voices heard. We must reduce harmful emissions and stop this Government lunacy
Clean Air in London(
CAL) understands the Government is lobbying, with support particularly from Germany, Austria and The Netherlands, in the Council of Ministers (Council) for changes that would fundamentally weaken new European roadworthiness tests for emissions systems including tailpipe testing.
New European Union regulations
Requirements for new roadworthiness tests are currently being negotiated through a European Union (EU) process called Trilogue.
Trilogue, which involves the Council (representing Governments), the European Commission (Commission) (as custodian of the Treaties) and the European Parliament (representing people), is deciding the proposal for a regulation of the European Parliament and of the Council of Ministers on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC. The next Trilogue meeting is scheduled to take place on Tuesday 26 November in Brussels.
Further,
CALunderstands the UK Government may be seeking to remove the current requirement for tailpipe testing altogether, even for diesel vehicles.
The European Parliament voted decisively and positively on this issue on 2 July 2013. Some key amendments of otherwise excellent Commission proposals included:
i. All vehicles used on public roads, without prejudice to requirements of periodic roadworthiness testing, are required to be roadworthy at all times when they are used.
ii. Any retrofitted equipment affecting the safety and environmental characteristics of the vehicle should not adversely affect those characteristics as they were at the time of type approval, first registration or entry into service.
iii. The tailpipe testing shall always be the default method of exhaust emission assessment, even if combined with OBD [i.e. onboard diagnostics].
iv. For vehicles equipped with OBD in accordance with requirements, reading of OBD information and checks (readiness) on the proper functioning of the OBD system at engine idle in accordance with the manufacturer’s recommendations and other requirements.
v. Diesel vehicles: Measurement of NOx levels and particulates by means of suitable equipment/a suitably equipped gas analyser, using existing free acceleration test methods.
Diesel vehicles: Reason for fail – NOx level or particulate values not in accordance with the requirements or in excess of the specific levels given by the manufacturer.
vi. Type-approved according to limits of Table 1 of Annex I to Regulation (EC) No 715/2007 or first registered or put into service after 1 July 2007 (Euro 5).
A longer list, which is non-exclusive, appears in Note 5 below.
Tighter standards needed to protect public health and motorists
The World Health Organisation classified diesel exhaust as carcinogenic for humans on 12 June 2012 and added outdoor air pollution and particulate matter on 17 October 2013.
CALhas been advised that removing a factory-fitted diesel particulate filter (DPF) is either a substantive or inchoate legal offence. The Government has confirmed it is illegal to use a vehicle on the road if it has been modified in such a way that it no longer meets the air quality emissions standards it had when originally produced i.e. unroadworthy.
Association of British Insurers has told
CALthat ‘Applying for or renewing insurance knowing that the vehicle is illegal or unroadworthy, would amount to misrepresentation and potential fraud’ and ‘No insurance would be offered or renewed if the owner declared to the insurer that the vehicle was illegal to drive/unroadworthy’.
Despite issuing new guidance on 24 September 2013, the Government has failed to: stop the removal of factory-fitted DPFs; stop the driving of illegal vehicles; or amend the MOT to give motorists and the public confidence that vehicles meet roadworthiness requirements for tailpipe emissions. Amongst other things, the second hand value of diesel vehicles may be sharply reduced if purchasers are uncertain whether a vehicle they are considering buying is illegal to drive. Honest motorists are also at risk.
CALinvestigation found that tens of thousands or hundreds of thousands of UK motorists may be driving diesel vehicles illegally, face losing their car insurance and risk being found guilty of the criminal offence of fraud – many without realising it.
Simon Birkett, Founder and Director of
Clean Air in London, said:
“Tens of thousands and perhaps hundreds of thousands of UK motorists are illegally driving diesel vehicles, face losing their car insurance and risk being found guilty of the criminal offence of fraud – many without realising it. Perhaps worse, whether they know it or not or care or not, they are polluting the environment with carcinogenic diesel exhaust.
“
This is a Red Line issue. European Commission and European Parliament must withdraw from negotiations with the Council of Ministers unless the new regulation of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers includes the effective, independent and periodic tailpipe testing of oxides of nitrogen (petrol and diesel vehicles) and particulates (diesel vehicles only). Europe should keep its current legislation rather than approve a new regime that would risk weakening emission systems checks.
“Unless new roadworthiness testing regulations stop the modification, tampering and/or removal of diesel particulate filters and emissions control units, illegal driving of vehicles will continue and public health will suffer. These units need to be fully operational and effective to protect public health and motorists.
“The Secretary of State for Transport should accept full responsibility for Government failures in this important area and resign immediately.”
For more information please read the
full article
on the
Clean Air in London website.