A number of London Borough Councils are (in 2015) seeking authorisation to enforce the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 in order to reduce polluting emissions from stationary vehicles.
Stated reasons for seeking leave to issue fixed penalties are:
(1) vehicle idling while stationary causes unnecessary use of fuel,
(2) vehcile idling increases emissions and
(3) vehicle idling can also create a noisy environment.
It is an offence under Regulation 98 of the Road Vehicles (Construction and Use) Regulations 1986 to leave a vehicle engine idling unnecessarily whilst stationary and powers are available to authorised local authority officers to issue fixed penalty notices of £20 to drivers who allow their vehicle engines to run unnecessarily while the vehicle is stationary.
Regulation 6(3) of The Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 allows a local authority to authorise any officer of the authority, or any other person, in any area of that authority, to issue a fixed penalty notice in respect of a stationary idling offence committed in its area. Regulation 6(3) also allows authorised persons to stop the commission of stationary idling offences by requiring vehicle engines to be switched off. Traffic marshals, being employed by an outside contractor are not officers of the council and require authorisation to be able to issue fixed penalty notices.
London Borough Council decisions allow that authority to be granted by council officers.
In Westminster, the Westminster Air Quality Action Plan, adopted in 2013, made a commitment to review the options and resource and emissions implications of utilising ‘no idling’ legislation to help improve local air quality. Authorisation to issue FPNs is sought under this Action Plan.
In Lambeth, Council officers will be sent out to explain to drivers the importance of turning engines off and the impact idling has on the environment and public health. If a driver continues to idle for 2 minutes or more, a £20 Fixed Penalty Notice (FPN) will be issued.
NB: this is not a full list of London Boroughs seeking powers to issue FPNs.