Patrick Sadd acts for Secretary of State for Transport in test case appeals on heavy goods vehicle emission control
Patrick Sadd was recently instructed by the Secretary of State for Transport in a series of test case appeals affecting heavy good vehicle emissions.
Fleet operators had appealed against decisions by the industry’s regulators, Traffic Commissioners shutting their businesses down. In each case vehicles had been fitted with Ad Blue emulators. These had the effect of by-passing the on-board emission control systems with a consequence that vehicles were running on public roads with pollutant NXo uncontrolled. The emulators gave the false impression that emissions were being controlled. Their use avoided the vehicle having to come off the road when faults developed in the on-board diagnostic system. In its decision the Upper Tribunal reviewed EU legislation on emission control and national government policy on reducing emissions. It accepted the Secretary of State’s submissions in relation to a series of generic issues: whether road-side prohibitions necessitated actual emission measurements to show emissions were being exceeded ; the evidence required by the DVSA; the application of the Regulator’s Code to the provision of guidance to the industry, whether the industry had been provided with sufficient warning of the DVSA crackdown on emulator cheat devices and whether the fitting of devices was dishonest.
The full judgement can be read here.
Barristers: Patrick Sadd