In-service emissions standards for road vehicles
1. Title
Regulatory impact assessment on national action arising from European directive 2001/9/EC on roadworthiness emissions testing for road vehicles.
2. Purpose and Intended Effect of the Measure
2 (I) Objective
- To remedy an error in directives 92/55/EEC and 96/96EC which specified in- service emission standards for road vehicles
- To give Member States the option of testing certain aspects of the emissions performance of petrol engined vehicles by interrogating any emissions on-board diagnostic (EOBD) system fitted to the vehicle.
2 (ii) The Issue
As the directive indicates, the standard of motor vehicle maintenance is a key factor in minimising the effect of traffic on air quality. Setting in-service emissions limits which identify whether or not a vehicle is being properly maintained is therefore vital to help safeguard the environment from avoidable pollution.
2 (iii) Risk Assessment
Pollution from road traffic can adversely affect human health. Air quality standards have been established in the UK based on expert medical advice as to the likely effects of air pollution. The directive contributes a minor, but nevertheless worthwhile, element in achieving the air quality objectives set out in the Air Quality Strategy for England, Wales, Scotland and Northern Ireland.
2 (iv) Main Provisions
The implementing regulations make a small change to the way carbon monoxide (CO) limit values may be determined for the "fast speed idle emissions test" at annual Mot test and roadside checks. This change remedies a drafting deficiency in EU legislation.
This procedure forms a part of the emissions test conducted on petrol engined vehicles equipped with advanced emissions control systems such as catalytic convertors. In particular, the regulation amendment will allow vehicle manufacturers the opportunity of stipulating the maximum level of CO emissions at 'fast idle' speed. At present vehicles may not exceed a common 'default' value (which is 0.3% CO by volume).
The current requirements for new models of such catalyst equipped petrol engined passenger cars and those for new models other than passenger cars are currently included in Sections I and II respectively of the Annex to the "emissions publication" ("In-Service Exhaust Emission Standards for Road Vehicles - Seventh Edition" ISBN 0-9526457-6-9), the Annex forming part of the regulations.
Manufacturers will be able to update the Annex at the next opportunity to include requirements for models which have come onto the market since the regulations were last amended in August 2001 and to revise certain information on existing models.
As explained in 2(I) above, the directive also permits European Union Member States to use a vehicle's on- board diagnostic systems (OBD) in lieu of part of the roadworthiness emissions inspection. However, for reasons explained in 3 below, it is not proposed to implement this aspect of the directive in the amending regulations.
3. Options
3 (i) Identifying the Options
The Directive makes implementation of the CO provision a mandatory requirement. Not to implement would risk infraction proceedings with penalties of the order of £65,000 per day. I will give manufacturers flexibility in respect of setting limits away from the 'default' value which should in the future enable them optimise emission limit values.
The Option to use OBD as an alternative to carrying an idling emissions test is not being taken up for the time being by the UK Government. This is because it is proposed to wait until more information is available about the reliability and durability of OBD systems.
3 (ii) Issues of Equity or Fairness
The CO requirements will apply equally to all vehicle manufacturers in the EU market.
4. Compliance Costs for Business
4 (i) Business Sectors Affected
The requirements would potentially affect all businesses owning or operating affected vehicles e.g. owners of business lease or hire car fleets. In the same way the new requirements could also affect all garages in the MOT testing scheme.
4 (ii) Compliance Costs
There should be no extra vehicle maintenance costs to small or large businesses, other bodies or private motorists in complying with these requirements. This is because, on the assumption that they have the engines of their vehicles properly maintained in accordance with manufacturers' recommendations anyway, emissions from those vehicles should automatically be within the requirements of these new regulations.
MOT testing centres are already equipped to carry out vehicle exhaust emissions testing.
If the Government was to implement the OBD option however test centres in the MOT scheme would either have to purchase special equipment known as scan tools - at an approximate cost of £600 - £1,200 each or to update existing scanning equipment. This could an mean an increase to the level of MOT inspection fees, which is difficult to estimate because there may be a need to buy new gas analysers as well which have compatibility with scan tools. Where new analysers were needed, meeting this optional measure could cost some MOT testing stations up to £2,500.
5. Benefits
A check of exhaust emissions as part of the MOT test for light vehicles is a key element of the Government's strategy for controlling pollution and improving local air quality. The test provides a general check of a vehicle's state of tune to ensure that the vehicle complies with the emissions requirements contained in the UK Construction and Use Regulations. It will reinforce the improvements in air quality which are being brought by the increasingly stringent controls on new vehicles.
The check of the emissions control system is intended to ensure that the catalytic converter is operating effectively - and thus maintaining the level of emissions specified by the manufacturer when the vehicle was new.
The particular amendment being introduced to the fast idle test for CO offer the potential in the future for manufacturers to maximise the performance of their emissions control systems.
The benefits of OBD in lieu of a low idle test are uncertain at present and difficult to quantify due to the lack of knowledge about the reliability and durability of OBD systems as indicated above. Indeed the European Commission has itself raised concerns in this respect. In these circumstances any benefits to the consumer and/or to industry - through the availability of a quicker test - could only be realised when OBD proves to be dependable enough for there to be justification for an emissions test at low idle only when the OBD system signals a failure. Moreover, any time - and hence potential cost - savings would, even then, be limited while a tailpipe test of emissions at fast idle speed remains a directive requirement. Benefits to motorists and test centres could well be forthcoming in the longer term however once the integrity of the OBD system for in service testing has been established.
6. Consultations
The Government has been involved in detailed discussions with the Society of Motor Manufacturers and Traders, the Garage Equipment Association, the Retail Motor Industry Federation and other trade representative bodies on the incorporation of the requirements of the mandatory directive into GB law. The statutory consultation on the amendments to the Construction and Use Regulations involved over 270 representative organisations including the motoring associations, the motor and garage trade many of which are small businesses, and fleet operators. The Cabinet Office's Small Business Service was also consulted.
There was general support for the regulations though a few consultees expressed concern that manufacturers might declare a less restrictive CO limit value than the present universal value for the test at fast idle speed, hence affecting air quality. In the Department's view there are no grounds to suspect this will occur but, with the VCA, will maintain close contact with the motor industry to monitor the situation.
Only one organisation argued for immediate adoption of the OBD check, citing in particular the potential benefits offered by the system over tail pipe testing and the scale of investment made by the motor industry. The Department's view remains however that OBD testing would be premature at the present time for the reasons given above. This view is supported by the motor manufacturing representative body. Further discussions in the EU will be necessary on the working of the OBD system in practice and on its use instead of tailpipe testing.
7. Summary and Recommendations
Implementation of the provision allowing manufacturers to specify the emissions limits for their vehicles when tested at fast idle speed will correct a minor drafting deficiency in EU legislation so that in future manufacturers will have greater flexibility to optimise emissions performance. This change can be achieved without imposing extra costs on motor vehicle owners or testing centres.
Implementation of the option for initial reliance on the OBD system for detecting emissions failure would be premature in the Government's view, given the unproven nature of the technology.
8. Declaration
I have read the Regulatory Impact Assessment and I am satisfied that the benefits justify the costs.
Signed by the responsible Minister: ..........................................................................................
Date: ..........................................................................................
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
9. Contact points
David Hay, DfT, Zone 4/19, Great Minster House, 76, Marsham Street, LONDON SW1P 4DR
Tel 020 7944 2087
Tony Baker DfT, Zone 4/15, Great Minster House, 76 Marsham Street London SW1P 4DR
Tel 020 7944 2063
David Briggs, DfT, Zone 2/09, Great Minster House, 76 Marsham Street, London SW1P 4DR
Tel 020 7944 2453.
