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Emissions charging for Motorcycles, do TFL have the power?

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sickpup
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PostPosted: 12:58 - 05 Nov 2018    Post subject: Emissions charging for Motorcycles, do TFL have the power? Reply with quote

Well this seems like an odd question on the face of it but I can't find a definate yes but I can find an almost definate no. Everyone has assumed that TFL have the power to introduce this charge but maybe they don't.

After a quick 5 minute look through legislation which was hardly exhaustive by any means all I can find is that TFL don't have the power.
The legislation to introduce road charges of any kind is tied up in the Greater London Authority Act 1999 Section 295 Chapter XV New charges and Levies which states...

Quote:
295 Road user charging.

(1)Each of the following bodies, namely—

(a)Transport for London,

(b)any London borough council, or

(c)the Common Council,

may establish and operate schemes for imposing charges in respect of the keeping or use of motor vehicles on roads in its area.

(2)Schedule 23 to this Act (which makes provision supplementing this section) shall have effect.

(3)For the purposes of this section and that Schedule motor vehicle has the meaning given in section 185(1) of the M1Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply for those purposes as it applies for the purposes of the Road Traffic Acts.


Which is pretty wide but then you need to take a look at the guidance notes because this is where it gets interesting...

Quote:
3A charging scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the achievement of any policies or proposals set out in the Mayor’s transport strategy.


What this means is TFL cannot ban particular vehicles from Central London on a whim, they have to have good reason and it has to fit the transport plan of the mayor.

Now it gets interesting. TDL have stated that Motorcycles or Powered Two Wheelers (PTW) emissions are less than 1% of the emissions of vehicles in London and the effect of removing pre euro 3 PTW's is so small as to be unmeasurable so this raises the question, how can it be desirable or expedient to ban particular vehicles from the ULEZ or to charge them for entry when it makes no measurable difference to the air pollution of said area?

So does anyone know anyone particularly high up in something like MAG who has the balls to take this on?
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Kawasaki Jimbo
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PostPosted: 13:29 - 05 Nov 2018    Post subject: Reply with quote

Quote:
TDL have stated that Motorcycles or Powered Two Wheelers (PTW) emissions are less than 1% of the emissions of vehicles in London,

I guess they'd be using flawed thinking about the emissions of one bike vs one car.
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Robby
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PostPosted: 22:52 - 05 Nov 2018    Post subject: Reply with quote

I have no strong feelings one way or the other, but there are few things to consider in challenging the ULEZ.

1. Any special treatment sets a precedent for bigger, richer, better organised groups to try to exploit. If an exception was made for bikes, then lorries would throw a lot of money at trying to get an exception as well. TfL would have to spend a lot of money dealing with them.
So setting a precedent is already unpopular.

2. Consider what the emissions of bikes could be when the ULEZ is in place, rather than now - that should have already been factored into any analysis done already, but not necessarily published. So if you had only modern, clean burning vehicles and dirty bikes, could the harmful emissions of bikes climb to more 3% of total - the point at which it's small, but not insignificant.

3. It's a flagship policy for the mayor, an awful lot of people want clean air. A lot fewer people care if it means someone has to buy a bike that's less than 10 years old. We aren't being discriminated against, because this measure affects all road users. You would need to make the case for a benefit to the city of keeping older bikes on the road, or enough hardship to enough people from being forced to stop riding into the ULEZ.
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linuxyeti
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PostPosted: 23:16 - 05 Nov 2018    Post subject: Reply with quote

Well, Birmingham are exempting motorbikes, of all ages, ...

https://www.mag-uk.org/en/newsdetail/a7382

Could be a bonus for midlanders, buying those cheap bikes that will be too expensive to run in London ...
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Shaft
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PostPosted: 23:57 - 05 Nov 2018    Post subject: Reply with quote

linuxyeti wrote:
Well, Birmingham are exempting motorbikes, of all ages, ...

https://www.mag-uk.org/en/newsdetail/a7382

Could be a bonus for midlanders, buying those cheap bikes that will be too expensive to run in London ...


Blimey, MAG in 'Actually getting something done' shocker!

I would suggest now would be a good time to lobby them into trying to get the London decision overturned, using the same arguments (I have already emailed them)
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Courier265
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PostPosted: 00:11 - 06 Nov 2018    Post subject: Reply with quote

Shaft wrote:


Blimey, MAG in 'Actually getting something done' shocker!

I would suggest now would be a good time to lobby them into trying to get the London decision overturned, using the same arguments (I have already emailed them)


Shame MAG can't help us in London...
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linuxyeti
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PostPosted: 07:13 - 06 Nov 2018    Post subject: Reply with quote

I know MAG are taking all the credit, but, perhaps other feedback has actually been listened to as well. I guess we'll never know. I know I did my bit by filling in the public consultation form, and I sure some others must have done so as well..

However, if it was all MAG's doing, then fair play I guess
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linuxyeti
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PostPosted: 07:15 - 06 Nov 2018    Post subject: Reply with quote

Also looks like Bath & North East Somerset Council is also going to exempt all motorcycles and mopeds from it's scheme.
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sickpup
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PostPosted: 11:08 - 06 Nov 2018    Post subject: Reply with quote

Just the man I wanted to hear from Thumbs Up

Robby wrote:
2. Consider what the emissions of bikes could be when the ULEZ is in place, rather than now - that should have already been factored into any analysis done already, but not necessarily published. So if you had only modern, clean burning vehicles and dirty bikes, could the harmful emissions of bikes climb to more 3% of total - the point at which it's small, but not insignificant.


The analysis that I have seen in regards to Motorcycles is minimal. By TFL's own figures Motorcycles emit less than 1% of recorded emissions, such a low amount that TFL cannot quantify the amount. TFL have also stated that after the ULEZ comes in the reduction in emissions of Motorcyles will still be less than 1% and the difference will be so low as to be unmeasurable.

This is the relevent legal point. The Mayors Transport plan is to lower emissions. If a difference cannot be shown and isn't actually expected then the banning doesn't meet the transport plan and therefore isn't legal.

Robby wrote:
3. It's a flagship policy for the mayor, an awful lot of people want clean air. A lot fewer people care if it means someone has to buy a bike that's less than 10 years old. We aren't being discriminated against, because this measure affects all road users. You would need to make the case for a benefit to the city of keeping older bikes on the road, or enough hardship to enough people from being forced to stop riding into the ULEZ.


I agree with all the above except it turns out we likely are being discriminated against if this is correct.

I do wonder at what point TFL's plans will cross the DoT and the bun fight starts.
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MarJay
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PostPosted: 11:15 - 06 Nov 2018    Post subject: Reply with quote

If it works, that would be good as then I won't have to swap the VFR for a post 2008 bike in two years time...

I also suspect that my VFR has lower emissions than my Street Triple. Here's my thinking:

Arrow The VFR is an understressed V4
Arrow It's fuel injected
Arrow it has a catalytic converter

Arrow The Street Triple has an aftermarket exhaust
Arrow It's a comparatively highly tuned sports engine

I'm currently vaguely thinking CBR650F or ER6F something like that.
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Robby
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PostPosted: 20:48 - 09 Nov 2018    Post subject: Reply with quote

I wouldn't go down the discrimination route. That's for genuine cases, or playing politics. I don't think this fits.

So, actual impact. Benefits and risks.

Benefits:
1. Emissions of NOx, SOx and particulates drops slightly. Seeing as the drop is from unmeasurable to unmeasurable, there will be no way of demonstrating this. This means no evidence to defend a future legal case.
2. Fewer vehicles on the road. Being realistic, bikers aren't going to start driving into central London en masse, they will either ride, cycle, or use public transport. This may be a benefit to TfL, but if it is not the stated purpose of this measure then it shouldn't be counted as a benefit.

Risks:
1. People ignore the law, refuse to pay fines, or ride with cloned/no number plates. This is an expensive thing to address. It means police to catch the offenders, court and lawyer time, and eventually small fines handed down from the court. TfL loses money.
2. Bike shops go out of business. There is some precedent here - Metropolis in Vauxhall closed recently, blaming the scooter crime wave. This means a risk balance decision for the mayor's office - how many businesses can close or jobs get lost over a negligible decrease in emissions.
3. People ride even older vehicles to get around it. Bikers are difficult. 40 year old bikes are going to be exempt. People would start riding around on 70s 2-strokes, and poorly maintained early UJMs, just to make a point. As a matter of fact, I'll have a spare bike from 1980 to go alongside my EURO4 daily.
4. A rush of people selling their old bikes - literally hundreds a day going on gumtree and ebay around ULEZ time - leads to another crime spree, of criminals "going to look at" those bikes and stealing them - likely with a bit of violence thrown in.

That's my take. Ask TfL for their impact analysis. They should hand it over under FoI. Also worth asking to see the current and projected emissions from motorcycles, which they should have in order to demonstrate success later on.
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