Clean Air Zones and road charging
We are the UK’s leading legal advisers on the development of clean air zones, road user charging and workplace parking levies.
Clean Air Zones
Clean Air Zones (CAZs) are gaining dominance as a tool to tackle air quality issues in the UK. A number of local authorities have been directed by the Secretary of State to introduce a CAZ, and others are free to do so.
CAZs can either involve charging certain types of vehicle for entering or moving within a zone, or other air quality improvement measures. Whatever is introduced must have the effect of reducing pollution levels below mandatory EU standards as soon as possible – a charging CAZ would be the safest way of demonstrating rapid compliance.
Charging CAZs are a form of road user charging and require an order under the Transport Act 2000. There are four levels of possible zone:
Our clients
We are currently acting for a number of local authorities in developing their charging CAZ including Bath City Council, Birmingham City Council, Greater Manchester Combined Authority, Leeds City Council, Newcastle Under Lyme Borough Council, Newcastle Upon Tyne City Council, Sheffield City Council, Staffordshire County Council and Stoke on Trent City Council.
We specialise in the authorisation process, including public consultation, the formulation and drafting of legal orders, and the wide range of public law considerations which emerge, including state aid.
Low Emission Zones
Low emission zones and ultra low emission zones are a form of clean air zone and are the name given to them by Transport for London.
Our clients
We have extensive experience of both introducing and varying such zones. We are currently advising Oxfordshire County Council on their zero emission zone proposals.
Clean air proposals can also be achieved by other measures, including traffic regulation orders and taxi licensing. We also specialise in these areas, and have recently advised Nottingham City Council in this regard.
Workplace Parking Levies
Workplace parking levies (WPLs) are a system whereby employers are charged for providing parking spaces for their workers as a way of reducing congestion and raising money for transport projects.
Our clients
Nottingham City Council is currently the only local authority to have introduced a WPL and we acted for them by developing the scheme, drafting the scheme Order and liaising with the Department for Transport. We also advise Nottingham City Council on clean air proposals implemented via traffic regulation measures.
We are also advising on developing a framework for the introduction of WPL schemes in London.
Road Charging
Our advice includes all aspects of the authorisation process including the scheme development, formulation and drafting of legal orders, public consultation, engagement with government, communications, commercial contracts and the wide range of public law considerations which emerge, including equalities issues, data protection and subsidy control.
Road charging is a requirement for some local authorities and a useful option for others but, as the Transport Select Committee reported, there is now ‘no viable alternative’ other than for national government to introduce a UK-wide road pricing scheme.
The design of a potential national scheme will be critical. Levelling up requires a system that reflects local needs and demands, economically and socially. The technology now exists to do that. A ‘one size fits all’ approach will not build the consensus needed and will introduce more politics into the debate. Road pricing may also be central in achieving net zero- domestic transport is the largest contributor of greenhouse gas emissions in the UK, of which over 95% comes from road transport. An appropriate road pricing scheme has the potential to contribute hugely to the decarbonisation of this sector.
If government is to deal with air quality, climate change, congestion and plug a looming £35 billion gap in public finances it will need to look seriously at introducing some form of road pricing.
Our clients
We are currently advising National Highways on the proposed Lower Thames Crossing, which would be subject to a road user charge.
We also have extensive experience of advising owners of roads and river crossings on amendments to tolling regimes, such as the Mersey Tunnels.
Related Services and Sectors
Services
Sectors
""'In a time of constant reforms and updates regarding environmental matters, BDBP stay on top of the game by providing regular updates on what is changing and what it means to us as clients, this is incredibly valuable to ensure were prepared in what's coming and making early timely decisions.'
Legal 500
'They have a best in class understanding of road user charging, a fairly niche area, but it was critical to us to get the best possible advice in what is always a contentious and difficult policy area.’
Legal 500
'The team at BDB Pitmans stands out for its expertise in environmental planning, taking a leading role in advising local authorities on clean air zones.'
Legal 500
‘Knowledgeable and pro-active. Able to proceed straight away with the task in hand, since the team has an understanding of our requirements.’
Legal 500, 2024
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