(1) Subject to paragraphs (2), (3) and (5) to (7) the responsible person must vary the infrastructure charge according to the EURO emission standard applicable to an HGV so that no infrastructure charge is more than 100% above the same charge for equivalent HGVs meeting the strictest emission standard.

(2) Paragraph (1) does not apply to a concession contract in existence on or before 15th October 2011 until it is renewed.

(3) Paragraph (1) does not apply to an infrastructure charge if the responsible person is satisfied that–

(a) this would seriously undermine the coherence of tolling systems in the United Kingdom,

(b) it would not be technically practicable to introduce such differentiation in the tolling system concerned,

(d) the toll includes an external-cost charge.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to paragraph (7), the responsible person may also vary the rates of the infrastructure charges for any of the purposes referred to in paragraph (6).

(6) The purposes are—

(a) reducing congestion,

(b) minimising infrastructure damage and optimising the use of the infrastructure concerned, or

(7) Any variation of the rates of infrastructure charge made in accordance with paragraph (5) must—

(a) be transparent and made public and available to all users on equal terms,

(b) be applied according to the time of day, type of day, or the season,

(d) not be designed to generate additional revenue from tolls,

(e) ensure that peak periods during which higher infrastructure charges are applied for the purpose of reducing congestion do not exceed five hours per day, and

(f) be devised and applied in a transparent and revenue neutral way on a road section affected by congestion by offering reduced toll rates for hauliers who travel during off-peak periods and increased rates for hauliers who travel during peak hours on the same road section.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) For the purposes of this regulation if a variation or change of the rates of an infrastructure charge results in additional toll revenue, the responsible person must counterbalance this by varying the rates of an infrastructure charge within two years of the end of the accounting year in which the additional revenue is generated.

Variation of the external-cost charge for the purposes of air and traffic based pollution

Obligation to vary rates of tolls according to the emission standards of HGVs

Derogation from obligation to vary rates of tolls

Power to vary rates of tolls for projects of high European interest

Rates of user charges

Levying tolls and user charges in relation to HGVs of 12 tonnes and over

Prohibition of discounts or reductions for external-cost charges

12A

An appropriate national authority, or an operator who is not an appropriate national authority must not provide for discounts or reductions for HGVs in relation to the external–cost charge element of a toll.

Reductions and exemptions

Discounts and reductions for infrastructure charges

Arrangements for the collection of tolls and user charges

Levying tolls where vehicle documents unavailable

Information requirements involving an external cost-charge tolling arrangement

Report on tolls and tolling arrangements

20A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common systems for user charges or tolls

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