Glasgow’s Low Emission Zone rakes in £500k in four months – but could a loophole see drivers escape fines issued for entering Scottish ULEZ?

Scotland’s first Low Emission Zone (LEZ) has made Glasgow City Council almost half a million in fines in the first four months of enforcement, it has been revealed.

Total earnings from the scheme going live in June to the end of September hit £478,560, according to new figures published by the BBC this week.

The Scottish LEZ – which is also due to be introduced in Aberdeen, Dundee and Edinburgh in 2024 – is an even stricter take on London’s Ultra Low Emission Zone (ULEZ) as it is an outright ban on any older, non-compliant vehicle. 

Drivers who enter the designated zone in the city centre are issued fines rather than charges, which are doubled with each breach of the rules within 90 days.

The first Scottish Low Emission Zone (LEZ) introduced in Glasgow on 1 June has raked in almost half a million pounds for the city council in the first four months of enforcement 

However, notices of fines already issued to motorists may been sent incorrectly by the council – and it could result in thousands of penalty charges being thrown out.

Under the Glasgow LEZ rules, there is a blanket ban on older cars being driven in the city centre – and with harsh punishments for those who fail to adhere to the restrictions.

Any car that fails to meet a minimum required emission standards – Euro 6 for diesel cars (generally those registered after September 2015) and Euro 4 for petrols (typically those registered from 2006 onwards) – is prohibited from entering the zone’s boundary.

The restriction also impacts older diesel-powered HGVs and buses that fail to meet Euro VI standards, though mopeds and motorcycles are exempt.

A driver entering the LEZ in a non-compliant older car will be hit with a £60 penalty charge notice – and if they break the rules again within a 90-day window, the PCN amount doubles each time.

The penalties escalate regardless of whether the first fine is paid, though the maximum penalty charge is capped at £480 for cars and vans. For buses and HGVs, the maximum penalty amount is £960.

After 90 days of a driver last breaching the rules, the surcharge rate is reset to £60.

Since the LEZ’s introduction on 1 June, more than 20,000 fines have been issued in total – and 27 of these to drivers of vehicles owned by the council itself, it’s been revealed.

In September, 89 vehicles received the maximum £960 fine, imposed when the same vehicle is penalised for the fifth time.

There were 83 drivers stung with a one-off £480 fine during the same month.

Despite an increase in repeat offences, overall fines in September were down almost 800 on the July figure, falling from 6,139 to 5,341.

Glasgow City Council received 2,758 appeals against fines, with 876 successful to the end of September. 

Previous estimates made about the total earnings in the opening four months were as high as £1million. However, because penalties are halved if they are paid within the first 14 days of being issued, it is believed the total amount comes to just under £500,000.

The council said the revenue earned via LEZ penalties can legally only be spent to reduce air pollution or meet the council’s climate change targets, though a spokesperson told the BBC that it has yet to be decided where the cash flow will be directed.

This map shows the size of the Glasgow LEZ, which cover the city centre from the M8 motorway to the north and west and River Clyde to the south

A campaign group called ‘LEZ Fight Back’, which is spearheaded by William Paton, the owner of a 60-year-old car repair business within the LEZ boundary, described the city council’s near-half-a-million raid as ‘ludicrous, cruel and bloody minded at a time of austerity and fuel poverty’.

The group said: ‘Everybody knows that the pollution levels are now below the legal requirements. The council knows this, yet the scheme is described as ‘legal’. It’s a giant con trick by an SNP/Green squad of money grabbing anti-car zealots.

‘These figures will further discourage people from coming into the city to spend money. The leisure industry and night time trade is all too aware of this. This council and the Scottish Government enablers are killing the city and they will go on to kill Edinburgh, Dundee and Aberdeen.’

The Glasgow LEZ covers an area of the city centre bounded by the M8 motorway to the north and west, the River Clyde to the south, and Saltmarket/High Street to the east.

In total, 299 of Glasgow’s streets will be within the zone perimeter, it has been reported.

ANPR cameras installed around the boundary are policing the zone to identify vehicles entering.

These are linked to a national vehicle licencing database will be used to enforce the scheme.

Glasgow City Council’s failure to send out PCNs via recorded delivery to drivers who breached the LEZ rules could see thousands already issued fines having theirs overturned following 38 successful challenges made by motorists to the Transport Appeal Tribunal for Scotland

Drivers escape fines already issued using loophole 

Reports in Scotland suggests thousands of motorists could still escape fines already issued for entering the Glasgow LEZ.

This is because penalty charge notices (PCNs) were originally sent to offenders’ addresses incorrectly.

Dozens of drivers have successfully appealed their fines because PCNs were not sent by recorded delivery.

All 38 challenges so far have been upheld by the Transport Appeal Tribunal for Scotland, according to the Daily Record.

The paper claims that council chiefs are now ‘scrambling’ to close the legal loophole that could see thousands of drivers having their fines thrown out.

Glasgow City Council has since changed how it sends out LEZ PCNs in light of the tribunal rulings, which will undoubtedly add considerable cost to operations.

A spokeswoman for the city council told the Daily Record: ‘All LEZ PCNs will now be sent by tracked delivery.

‘Our view is that those involved in these cases remain liable to pay their fines and we are appealing the decision.’

Glasgow City Council has been forced to send all LEZ penalty charge notices by tracked delivery, which will add to operating costs to run the scheme

When is the Glasgow LEZ operational? 

Like ULEZ, the Glasgow LEZ is operational 24 hours a day.

However, unlike the London zone, there is no exception to its enforcement on Christmas Day, with Glasgow’s zone running 365 days a year. 

How many drivers are affected? 

The zone will ultimately force thousands of drivers to ditch their older cars if they haven’t done so already.

Glasgow City Council estimates that just 10 per cent of vehicles driven into the zone at the beginning of May failed to meet the LEZ standards required. 

Across Scotland, it is reported that just over a fifth of vehicles fail to meet the emissions standards, with the lowest compliance among diesel models.

How do drivers pay a PCN issued for an LEZ breach? 

Penalties can be paid via Glasgow City Council’s website. Failure to make payment will result in enforcement action.

Are any people exempt from the Glasgow LEZ?

Exemptions are in place for residents living within the zone’s limits with a non-compliant car. However, they will need to apply for an exemption and it is only valid until 1 June 2024.

Operators of public-hire taxis can also apply for an exemption that ends on the same date.  

Blue Badge holders will not incur any penalties, though they also need to apply for this exemption.

The Scottish LEZ site also says ‘historic vehicles’ older than 30 years will not be issued PCNs.

Other exemptions include vehicles used by the police, ambulance and emergency services, Scottish Fire and Rescue, Her Majesty’s Coastguard and the National Crime Agency.

Military and ‘showmen’ vehicles – a ‘highly specialised vehicle used for the purposes of travelling showmen, where the vehicle is used during the performance, used for the purpose of providing the performance or used for carrying performance equipment’ – are exempt too.

This post first appeared on Dailymail.co.uk