So what is the Government proposing? Essentially, it wants to make it a legal requirement that all road vehicles being used in Great Britain retain all their original factory fitted emission control devices and software to ensure that they produce the same maximum level of emissions today as they did when they left the factory.
Preventing car modifications
These proposals, according to the DfT, are aimed at preventing deliberate modifications and software that bypasses ECDs, and to punish owners of poorly maintained vehicles. If you’ve removed your diesel engine’s diesel particular filter (DPF) or have paid for a de-cat you might want to save up to have it put back and if you’ve straight-piped your Td5 engined Defender or Discovery to go off-roading but still drive on the road to and from the field, you’ll need to reconsider your options.
What these proposals aren’t is a requirement for older cars to meet latest Euro 5, 6 or 7 emissions standards or repeat their original type-approved emissions during an MOT.
Expecting a 2001 Ford Focus to produce the same level of emissions today as it did 25 years ago even with its original ECDs in place isn’t practical due to natural wear and tear, and the Government has said this will be taken into account so long as the original ECDs are in place and haven’t been modified. And if your vehicle’s engine was built to a lower Euro emissions standard, i.e Euro 3 or Euro 4, it will still be assessed to those type-approved levels and not to the new proposals.
Will there be any exemptions?
In terms of exemptions to the potential fine of up to £1000, the consultation states: ‘(if) the reason for the vehicle having excess emissions is something outside the control of the owner/user, where: the cause is not a modification made once the vehicle is in use, normal servicing would not fix the problem and all emission-control devices (such as a DPF) are present and working correctly, the vehicle would be exempt’.This exemption currently exists and would not be changed.
This does and will have an impact on a big part of the UK economy. The DfT specifically says it is not targeting the aftermarket car tuning and engine modification sector but the consequences of any change will, of course, make many engine upgrades illegal, should they require an EMD to be removed or involve a remap that increases emissions.
The consultation runs until 11:59pm on 6th September, with the proposals scheduled to come into force in 2027 with a six-month lead-in time. Enforcement is expected to be carried out by the DVSA (Driving Vehicle Standards Agency) – most likely with roadside testing – with other aspects of the new regulations checked and recorded during a vehicle’s annual MOT.
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