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Government consults on tougher in-use vehicle emissions rules

The Department for Transport has opened a consultation on proposals to strengthen the law around in-use vehicle emissions in Great Britain, including tougher rules on poorly maintained or modified emissions control systems.

Government consults on tougher in-use vehicle emissions rules
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The Department for Transport has opened a consultation on proposals to strengthen the law around emissions from road vehicles in use in Great Britain.

The proposals aim to ensure vehicles continue to meet the same legal emissions requirements that applied when they were built and first registered for use on the road.

The Government said stronger measures are needed because poorly maintained or modified emissions control systems can lead to higher nitrogen oxides and particulate emissions, affecting air quality and public health.

The consultation said there is currently a gap between the emissions standards required when a vehicle is newly built and registered, and the legal requirements that apply once it is being used on the road.

The DfT said there is no requirement to maintain the functioning of emissions control systems for Euro 5 or Euro 6 light-duty vehicles or Euro VI heavy-duty vehicles. It said this had contributed to vehicles being poorly maintained or modified in ways that increase emissions.

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Under the proposals, all road vehicles in use in Great Britain would have to maintain their emissions control systems so that emissions continue to meet the legal standards set when the vehicle was manufactured.

The proposed changes would update regulation 61A of the Road Vehicles (Construction and Use) Regulations 1986 and make use of existing sections of the Road Traffic Act 1988 covering use of non-compliant vehicles, alterations to vehicles and fitting or supply of unsuitable vehicle parts.

Depending on the circumstances, breaches could result in fines from £1,000 to an unlimited amount following successful prosecution in the magistrates’ court.

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The Government said the rules would prohibit using, allowing the use of, or modifying a vehicle in a way that means it no longer meets the emissions standards it was approved to.

The consultation said the Government does not propose to distinguish between excess emissions caused by poor maintenance and those caused by modifications, or between deliberate and unintentional changes to emissions control systems.

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The DfT said modifications it would always consider illegal include diesel particulate filter removal, gasoline particulate filter removal, catalytic converter removal, selective catalytic reduction manipulation, AdBlue delete and exhaust gas recirculation manipulation.

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The consultation also proposes extending the updated rules to category L vehicles, including mopeds, scooters, motorcycles, tricycles and quadricycles. Regulation 61A has not previously applied to these vehicles.

The Government said it envisages new legislation being passed in summer 2027, with a proposed 6-month lead-in period before the law becomes active to allow owners and businesses to make necessary adjustments.

The DfT said enforcement is expected to be carried out by the Driver and Vehicle Standards Agency, with the likely focus upstream on practices involving illegal modifications to vehicle emissions control systems.