London Congestion Charge and Smart User Road Charging Inquiry

We have just passed the twentieth anniversary of the introduction of the London Congestion Charge. This has been hailed as a success by TfL management and Mayor Sadiq Khan but is it? In reality it might have reduced the number of vehicles on the roads of central London as some users have been deterred or changed their travel modes or patterns, but it has not reduced congestion.

This scheme was installed in 2002 to the City and West End with a Western Extension into Kensington and Chelsea introduced in 2007 which was later removed. There is a charge per day for driving anywhere within the zone boundary. This was originally set at £5 per day but rose to £10 at the end of 2010, when the Western Extension was scrapped. It was raised to £11.50 per day from June 2014, and to £15 from June 2020 plus extended to 24 hours per day every day.

The original justification for the charge was that it would solve London’s perennial road traffic congestion (environmental benefits were not an argument used because it was known they would be minimal). But it did not solve the congestion problem with that soon returning to the same level as before and subsequently becoming a lot worse. The environmental claims made by some have also been shown to be false with air pollution within the zone basically unchanged as a result. Neither does it raise any significant funds for public transport improvements because almost all the revenue from the scheme goes in operating costs. Indeed if it was not for the accidental fines people collect from forgetting to pay the charge, it would probably lose money. Note that the Congestion Charge was introduced by socialist car-hating Mayor Ken Livingstone. It has impacted the poor more heavily than the wealthy and hence is a very regressive tax.

For more details of the data on congestion and the impact of the Congestion Charge see the reports accessible from this web page: https://www.freedomfordrivers.org/congestion

The Congestion Charge is of course a remarkably stupid system where the charge is only payable once per day however many times a vehicle drives into the zone or how far they travel. This has encouraged the use of Private Hire Vehicles and taxis which have increased enormously in numbers as a result, thus adding to congestion.

Neither does it encourage low emission vehicles or discourage high emission ones.

Nor does it discourage travel at the busiest times of day as the charge is the same whenever you travel. So there is little benefit in reducing congestion.  

Nor is there any concession to people who need to travel within the zone for medical reasons (several major London hospitals lie within the zone and although there is a refund claim system for NHS patients it is complicated to make claims).  Nor for any other people who provide essential services such as social carers or plumbers/electricians.

Now the Greater London Assembly (GLA) is holding an inquiry into Smart User Road Charging and are inviting evidence – see https://tinyurl.com/5n8h453s . The Freedom for Drivers Foundation has submitted a response to this inquiry which can be read here: https://tinyurl.com/rryz64hw

If the Mayor pushes ahead with the expanded ULEZ he will have a lot more cameras which could be used to make the Congestion Charge system more intelligent but it can never be made a really sophisticated system without a change in the technology.

There is one thing for certain though. Public reaction to road user charging will continue to be negative as it is just seen as a way to raise more tax from drivers.

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Government May Block ULEZ Expansion

Both the Daily Telegraph and Daily Mail have reported that the Government may block the expansion of the ULEZ to outer London. It is suggested they could use Section 143 of the Greater London Authority Act 1999. This gives the Secretary of State the power to veto the Mayor of London’s policies which are inconsistent with national transport policies (see https://www.legislation.gov.uk/ukpga/1999/29/section/143 ).

Paul Scully, Transport Minister, has argued that as the ULEZ affects many people who live outside of London itself. He said “It affects a whole load of people in Surrey, Kent and Hertfordshire who didn’t get a say on it. It is taxation without representation”.

Comment: Whether Section 143 of the Act gives the requisite power to block the Mayor is legally questionable in my view but it might be worth fighting in the Courts. However, and as I have said before, as ultimately the Government has the power to change the 1999 Act, they should threaten to do so. They could simply remove the ability to introduce or continue with charging schemes. Simply threatening to do so would put the Mayor in an impossible position because he would incur very substantial costs in building the camera network which would then not be recoverable.

The Government just needs to make some tough decisions and lay down the law on this issue instead of sitting on the fence and trying to please everyone.

Roger Lawson

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Five Councils Apply for a Judicial Review of ULEZ Expansion

The London Councils of Bexley, Bromley, Harrow and Hillingdon and Surrey County Council have applied for a judicial review of the ULEZ expansion.

The coalition will challenge the expansion in the High Court on five grounds: 

Councillor Colin Smith, Leader of Bromley Council said, “We have been sounding the alarm about Mayor Khan’s attempted tax raid on the Outer ‘London’ suburbs for many months now. The fundamental truth as to his true intention is now increasingly plain for all to see.

“In Bromley, this socially regressive tax directly threatens jobs, the viability and availability of small businesses, and causing significant damage to vital care networks, as well as creating a completely avoidable spike in the cost of living locally, at a time when some households are already struggling to make ends meet.

“To attempt to do all of this under cover of a false Health scare over air quality, when the Mayor’s own research confirms that Bromley has the second cleanest air in London, also, that extending ULEZ to the boundaries of the M25 will make no discernible difference to air quality locally, is frankly unforgivable.

“The upset, pain and anxiety this has caused locally is immense, which is why, even at this late stage, I once again call on the Mayor to withdraw this spiteful proposal.”

See Bromley Council Press Release here for more information: https://tinyurl.com/4aunhuke

Comment: This looks like a serious challenge to Sadiq Khan. Let us hope it is successful.

There is also a separate legal challenge where a pre-action letter has been sent on behalf of Ed Gregory – by Tilbrook’s Solicitors after instructing Robert Griffiths KC of Six Pump Court. See https://www.crowdjustice.com/case/stop-ulez-expansion/

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London is World’s Slowest City

According to a report on the BBC, London is now the world’s slowest city in which to drive. It took an average of 36 minutes to drive 6.2 miles in 2022 according to TomTom.

It is also the most expensive for electric car charging. Using fast EV charge points could cost £2,055 to drive 10,000 miles.

Comment: The mismanagement of the road network by Transport for London (TfL) is the prime cause of the reduced travel times and increased congestion in London. Mayor Sadiq Khan must take some of the blame for this as he has backed the policies that have reduced traffic speeds and removed road space.

The cost of EV charging is also discouraging people from buying electric vehicles. It’s actually cheaper to run a petrol car.

BBC Report:  https://www.bbc.co.uk/news/uk-england-london-64641426

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“Collision” Data and More Speeding Fines in London

Transport for London (TfL) have issued a press release claiming significant improvements in road safety since more 20 mph speed limits were introduced. The press release claims that collisions involving vulnerable road users have reduced by 36% and collisions involving death or serious injury have fallen by 25%.

The odd thing about this press release is that “collisions” are not recorded by the police, only road traffic accidents involving personal injury. In addition this claim is quite meaningless unless traffic volumes are measured at the same time and the impact of any other road safety measures such as road/junction improvements are taken into account.

TfL claim that it shows the Mayor’s Vision Zero plan is working but the last time we reported on this eighteen months ago we showed it was not. See https://tinyurl.com/3x3jvcr7

Regardless a report in the Daily Telegraph says that TfL is pushing ahead with lowering speed limits on many more roads in London. The majority of TfL controlled roads (red routes) will move from 30 mph to 20 mph limits.

Meanwhile the number of enforcement actions for speeding by the Metropolitan Police rose by 73% last year to 476,685, probably because 20 limits are not a natural speed to drive at on clear roads.

Comment: TfL claims contradict the authoritative study undertaken by the DfT which showed no statistically significant benefit from 20 mph speed limit zones. The TfL press release does not provide all the data and it is surely based on selective data and false analysis.

Vision Zero and reducing speed limits below what drivers consider as reasonable just seems to be an attack on driving in general with the aim of making life more difficult for those who need to drive. It’s unfair and is just another example of the anti-car mentality of TfL management.

TfL Press Release: https://tinyurl.com/mr26vmue

Telegraph Article: https://tinyurl.com/mr3rz6a9

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Wandsworth Speeding Tickets Blocked

We have commented previously on the attempt by the London Borough of Wandsworth to issue PCNs for violating a 20 mph speed limit – see https://freedomfordrivers.blog/2022/12/16/wandsworth-20-mph-limits-unenforceable/ .

It has now been reported that this approach has been blocked by the Department for Transport (DfT) who have indicated that obtaining driver details for that purpose is unlawful. The DfT have told the DVLA to stop sharing details of drivers caught speeding under the scheme.

Barrie Segal, an expert on motoring law who runs a web site called MyappealNow, has also said that he believes this scheme is illegal as only the police can enforce speed limits. He would be interested in hearing from anyone who is issued with a PCN by any council in such circumstances.

Comment: Motorists need to oppose this attempt to extend the law so that councils can generate money from minor infringements of speed limits.

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ULEZ Science and Demonstrations

There was a well-attended demonstration against the expansion of the ULEZ in Market Square Bromley on the 10th of February (photo above). You can see a report on it here:  https://www.mylondon.news/news/south-london-news/london-ulez-protest-live-updates-26215565

There is another demonstration planned for the 25th February at 12.00 noon in Trafalgar Square. Please attend if possible.

Meanwhile the Mayor has been promoting the wonders of the existing ULEZ with this claim about a recent report: “Report shows that the ULEZ has reduced harmful pollution levels in central London by nearly half compared to what they would have been without the ULEZ”.

This report only looks at one year, a year affected by the pandemic, and does not separate out the impact of tighter restrictions on heavy vehicles under the LEZ scheme. Nor does it take into account the scrapping of older vehicles and replacement by lower emission new ones, nor the general improvement in home and commercial heating systems, nor the changes to London buses and to taxis. As usual it is using selective data to try to make a point. See https://www.london.gov.uk/sites/default/files/2023-02/Inner%20London%20ULEZ%20One%20Year%20Report%20-%20final.pdf . It is irrelevant to the issue of whether expanding the ULEZ makes any sense.

There is a useful Parliamentary petition you can sign which reads: “Hold a referendum on removing the London Assembly and London Mayor. We believe too much power is in the hands of the London Assembly and London Mayor. We are particularly concerned about the impact of expanding the ULEZ on people who are struggling with a cost of living crisis to put food on the tables, keep kids clothed and fed while struggling to heat homes”. Please sign it here: https://petition.parliament.uk/petitions/631763

For two good articles on the negative benefits of the ULEZ expansion by Dr. Michael Simon see: Costs-vs-Benefits and Uzeless-Expansion

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Legal Action Against Shell Directors for Dragging Feet over Climate Change

The FT and other newspapers have reported the threat of a legal action against big oil company Shell (SHEL) and specifically against its directors individually for failing to prepare for the risk of climate change. The threat is based on a possible breach of company law by not acting in the best interests of the company and not taking into account the foreseeable risks from climate change. Wikipedia reports that this is a “derivative” action where shareholders are invoking the company to pursue actions against the directors.

The legal action is being promoted by ClientEarth, an environmental campaign organisation and is allegedly supported by a few institutions. Shell lost a similar case in the Netherlands but it is appealing that decision.

Comment: We suggest this is an unwise attempt to get the courts involved in overruling the decisions of the directors. The directors are appointed to manage the affairs of the company in the interest of all stakeholders and they will be put in an impossible position if all their decisions might come under scrutiny in the courts. Judges are not qualified to decide on the merits of the business decisions of company directors.

In summary, this is a misconceived legal action and we hope the application for a hearing is rejected. Companies such as Shell and BP have already taken major steps to reduce their carbon emissions and to stay within the law of the land.

They not only provide oil and petrol which are essential for the next few years, but also provide a range of essential chemicals, plastics and fertilizers which cannot be otherwise created.

The Government is aiming for “NetZero” carbon emissions when they have not calculated the full cost or practicality of achieving it. It’s driven by sentiment not economics and belief in a false reality. The ClientEarth organisation is clearly being run and funded by extremists who have no understanding of the underlying issues.

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Air Pollution and the Widespread Misinformation on It

There have been a lot of claims by Sadiq Khan about the deaths caused by air pollution in London so as to justify his expansion of the ULEZ but his claims are unsubstantiated by the evidence available.

I have a strong personal interest in this matter because my father died from lung disease (mesothelioma – a cancer caused by exposure to asbestos), my brother died from idiopathic pulmonary fibrosis (a lung disease for which there is no known cause) and I suffered from asthma when young due to allergies to pollen and other things. Anyone who has suffered from asthma or seen people die from lung disease will know how distressing it is.

It is known that air pollution can exacerbate asthma symptoms which I can confirm from my own personal experience but whether it can cause asthma is unclear. Even now I avoid walking behind London diesel buses! The onset of asthma can be triggered by many things and is a growing problem worldwide probably because of the change in lifestyles of the population and increased urbanisation. The largest source of air pollution is often in homes and offices and people spend more time in them and lead a sedentary life style as they become wealthier.

To attack air pollution in the hope that we can prevent all lung disease is misconceived. In particular to attack diesel/petrol cars in the hope of removing air pollution is a simplistic notion when there are multiple other sources of air pollution. If Sadiq Khan thinks he can cure his late-onset asthma (which he claims to have) then he is not living in the real world.

The air pollution sources in the UK in 2018 is given in the diagram above taken from a Public Health England report. Note that road transport only produces 12.4% of all PM 2.5 (particulate) emissions whereas residential and small commercial combustion produces 43.1%.

For London in 2019 you can refer to this report from the LAEI: https://cleanair.london/app/uploads/CAL-458-LAEI-2019-Summary-Note-FINAL-V2.pdf

Note how over 50% of PM2.5 emissions in central London come from commercial cooking! That report also shows how emissions of particulates and NOX (nitrous oxides) have been falling rapidly across London. This is not just due to the ULEZ and Congestion Charge schemes which probably only had minor impacts but a general improvement in energy production, heating and industrial processes.

The Freedom for Drivers Foundation published this report in 2018 (revised in 2021) called “Air Quality and Vehicles: The Truth” – see Report . It provides a well-reasoned and unbiased analysis of the data unlike so many of the comments you see on this subject. The situation since it was published has no doubt improved even further.

There is simply no justification for extending the ULEZ scheme. The reduction in air pollution in Greater London would be miniscule – about 0.1% in the important PM2.5 emissions for example. Nobody is going to notice this and it won’t have any significant impact on health outcomes. See https://freedomfordrivers.blog/2022/09/07/ulez-expansion-assessment-a-complete-fraud/ for the independent analysis commissioned by TfL (Jacobs Report).

There are many things the London Mayor and the Government could do about air pollution but expanding attacks on vehicle owners is one of the least beneficial in terms of cost/benefits. Reducing wood burning is one which the Government has recently tackled for example.

Removing air pollution might have some long-term health benefits although the likely benefit is uncertain. Removing all of it might extend life by a few days but to do that we would have to remove all road, rail and air transport, remove all domestic gas boilers, close down all restaurants, ban cooking at home, cease all agriculture, cease all new building and building renovation, close down most of industry, etc. How lunatic would such a policy be!

I am all for improving air quality where it can be achieved at reasonable cost and with no negative consequences. But expanding the ULEZ scheme will increase the cost of living for many people when they are already suffering from high inflation. It is simply unjustified and Sadiq Khan’s motivation despite his blustering about the impact on health is clearly motivated by financial imperatives.

Roger Lawson

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ULEZ – Mayor Gets Tough But Legal Case Pursued by Boroughs

The BBC have reported that Sadiq Khan has given the London boroughs opposed to the ULEZ expansion an ultimatum to agree to the installation of enforcement cameras by today or he will push ahead regardless. He claims he has the legal powers to install them. But do local councils have powers to remove them in that case?

Meanwhile the boroughs of Bexley, Bromley, Hillingdon and Harrow say they will not consent and have filed a pre-action protocol letter in anticipation of a judicial review citing these grounds:

1) They said the mayor exceeded his powers by treating the new zone as a “variation” of the existing ULEZ rather than presenting and consulting on a fresh stand-alone plan; 2) They are challenging City Hall’s estimates of how many people will be affected, along with financial analysis including the claim the new zone will raise £200m in its first year; and 3) The councils also claimed it was unlawful to exclude people living outside the capital – but driving inside – from the scrappage scheme that compensates people for getting rid of their polluting vehicles.

See https://www.bbc.co.uk/news/uk-england-london-64485157

Comment: These claims may be correct but they need to put forward a much stronger case in my view if the ULEZ expansion is to be defeated. In summary the expansion is irrational, not justified on any cost/benefit analysis and the public consultation on it was fraudulent.

Roger Lawson

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