Scottish Government

ISBN 0 7559 1323 x (Web only publication)

This document is also available in pdf format (32k)

Introduction

1. This consultation sets out and seeks views on proposals to extend Traffic Regulation Conditions ( TRCs) in Scotland to cover vehicle emissions standards for buses. It should be read in conjunction with the accompanying Regulatory Impact Assessment.

Current statutory position

2. Under section 7 of the Transport Act 1985, a local authority may ask the Traffic Commissioner for Scotland ( TCS) to attach a TRC to an operator's Public Service Vehicle ( PSV) licence, provided the TCS is satisfied that the Condition is required to:

• prevent danger to road users:
• reduce traffic congestion in a particular area; or
• reduce or limit noise or air pollution (added by section 42 of the Transport (Scotland) Act 2001).

3. TRCs can affect:

• service routes;
• stopping places;
• times vehicles may stop and for how long;
• turning or reversing manoeuvres vehicles may make; and
• vehicle numbers and their frequency.

If several operators are running local services in an area TRCs will be attached to the licences of each operator, although sometimes it may be necessary to make slight differences between operators (for example to allocate stops to particular services).

4. Requesting the TCS to impose a TRC can be a complex exercise. Each application must satisfy the TCS that there is a compelling case for imposing a condition. Under the Transport Act 1985, the TCS must hold an enquiry if requested to do so by a traffic authority or by a bus company with services that are, or will be, operated in the area covered by the TRC.

The case for change

5. The amendment in the 2001 Act provided, for the first time, the power to take into account and address the environmental impacts of bus operations. Its principal aim is to provide local authorities, via the TCS, with the power to take action against bus operations that have a disproportionate impact on the environment of a particular area.

6. There is a power in the 1985 Act to add, by regulations, new matters that can be covered by TRCs. The Executive believes there is a strong case for adding a power covering vehicle emissions standards as a natural consequence of the extension of primary legislation made in the 2001 Act. This would be useful in urban areas, particularly congested city and town centres that experience the combination of crowded operating conditions and high numbers of bus services.

7. Under the system of Local Air Quality Management, local authorities have a duty to identify those areas where air quality objectives (as outlined in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland and prescribed in regulations) will not be met and to designate these as Air Quality Management Areas ( AQMAs). The majority of AQMAs to date have been designated as a result of emissions from road traffic, which is a major source of local air pollution, particularly in urban areas. It is important to note that in some of these areas buses can be a significant contributor to local emissions. It would therefore be appropriate to provide the option to regulate bus emissions in those areas, which could help to bring about improvements in air quality.

8. The 2001 Act amendment did not extend the aspects of bus operations that can be covered by TRCs as listed in paragraph 3. It should also be noted that the Scottish Ministers may only prescribe in general terms, through regulations, additional matters to be regulated by TRCs, such as bus emissions standards. It is for the TCS to determine the specific content of any new TRC that may arise from such regulations.

9. Whilst air quality can be improved to some extent by restricting or rerouting services, this cannot prevent, for example, the use of very old vehicles with poor emissions standards without new powers to permit TRCs covering this issue. In the deregulated bus market bus operators decide on the type and age of vehicles to use on their commercial routes. Local authorities could therefore face the dilemma of applying for a TRC to restrict or reroute particular bus services because of overriding concerns about their environmental impact, even though such services may perform an important function for local communities.

10. Local authorities also have powers to make Traffic Regulation Orders ( TROs) under the Road Traffic Regulation Act 1984 to regulate vehicular traffic of any class on local roads. These powers cover the making of regulations on environmental grounds. To a certain extent this provides a flexible means of regulating or restricting certain classes of PSVs. However, the effectiveness depends on devising a suitable definition of the vehicle in question and ensuring the roads affected are adequately signed. This can pose practical difficulties, for example in distinguishing clearly between coaches and local buses. The proposals outlined in this consultation could therefore provide a more appropriate way of dealing with the issue.

Euro emissions standards

11. The most straightforward means of controlling bus emissions is to specify the minimum Euro emission standard that vehicles affected by the TRC would have to meet. These emission standards are agreed at EU level and control the emissions level of vehicles when new. Over time the Euro standards have become progressively tougher and apply to new vehicles manufactured on or after the following dates:

Euro I - 1 October 1993
Euro II - 1 October 1996
Euro III - 1 October 2001
Euro IV - 1 October 2006

12. A vehicle manufactured today (which must comply with the Euro III standard) is much cleaner than one built a few years ago conforming to Euro I or II standards, which are themselves cleaner than older vehicles. Requiring all buses affected by a TRC to meet, for example, Euro I or II standards may have a dramatic beneficial effect in areas experiencing poorer air quality due to high levels of bus provision.

13. This would not necessarily require individual operators to invest in newer vehicles. Individual buses could be retrofitted with appropriate emission control technologies to bring them up to the required emission standard. In some areas of poor air quality, a TRC could also stipulate the use of alternatively fuelled buses.

14. One potential difficulty is that such a TRC may restrict operational flexibility to switch individual vehicles between a range of services inside and outside the TRC area. All buses on services affected by the TRC would need to be compliant. The TCS would determine the appropriate emission standards for individual areas. Given the technical nature of air pollution issues, the TCS would normally be expected to draw on expert opinion before making a decision, including advice from the local authority concerned.

Changes to vehicle maintenance requirements

15. One of the key requirements for obtaining and retaining a PSV operator's licence is that the vehicles covered must be maintained in roadworthy condition. When considering an application for a licence, the TCS must consider whether there will be satisfactory facilities or arrangements for keeping the vehicles in a fit and serviceable condition. Assurances will be sought that the applicant will conduct regular safety checks and inspections on the vehicles at specified intervals, and keep records of these.

16. Operators are currently required to undertake emissions tests on their vehicles every 12 months. The proposals in this consultation could allow a TRC requiring more frequent tests on vehicles used in particular areas. Although less effective than the imposition of stricter Euro standards, it would ensure that all affected vehicles are maintained in a reasonable state, helping to ensure that the emissions standards applying to them were being met. Requiring more frequent emission checks may again reduce flexibility as described in paragraph 13. However, local authorities applying for a TRC imposing either tighter Euro standards or increased frequency of emission checks would need to convince the TCS that such a course of action was warranted.

Views invited

17. Views are invited on:

• whether the imposition of a specified minimum Euro limit via a TRC would be an effective means of reducing emissions from buses in a particular area;
• whether the imposition of additional vehicle checks via a TRC would have a similar effect on reducing emissions;
• how the TCS would decide the appropriate Euro limit in particular cases;
• how far these measure would impact on an operator's flexibility to use individual vehicles on a range of services, and whether this would be acceptable in return for air quality benefits; and
• whether there are any other measures that could help to improve emissions from buses in particular areas.

Responses to this consultation

Responses should be sent either to the address below or by email, no later than 5 May 2006

Telephone: 0131 244 7813
Fax : 0131 244 0211
andrew.taylor2@scotland.gsi.gov.uk