The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

Variation of rates of tolls for combating environmental damage and tackling congestion etc

5.—(1) Subject to paragraph (3), the responsible person may vary the rates of a toll as set out in paragraph (5) for any of the purposes referred to in paragraph (2).

(2) The purposes referred to are—

(a) combating environmental damage,

(b) tackling congestion,

(c) minimising infrastructure damage,

(d) optimising the use of the infrastructure concerned, and

(e) promoting road safety.

(3) Any variation of the rates of a toll pursuant to paragraph (1) must—

(a) be proportionate,

(b) be transparent and non-discriminatory,

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

(d) be in accordance with the maximum flexibility thresholds set out in paragraphs (6) and (7).

(4) If, despite paragraph (3)(c), a variation of the rates of a toll results in additional revenue and a weighted average toll which is not in accordance with regulation 4, the responsible person must counterbalance this by varying the rates of a toll within two years of the end of the accounting year in which the additional revenue is generated.

(5) Subject to paragraphs (6) and (7) and regulation 6, the rates of a toll may be varied according to either or both of the following—

(a) whether the HGV is of a ‘Euro 0’, ‘Euro I’, ‘Euro II’, ‘Euro III’, ‘Euro IV’, Euro V’, or ‘EEV’ category,

(b) the time of day, the type of day, or the season.

(6) Where the rates of a toll are varied under paragraph (5)(a), the resulting toll must not be more than 100% above the toll charged for an equivalent HGV which meets the strictest emission standards referred to in Annex 0.

(7) Where the rates of a toll are varied under paragraph (5)(b)—

(a) the toll must not be more than 100% above the toll charged during the cheapest period of the day, type of day, or season, and

(b) where the cheapest period is zero-rated, the toll for the most expensive time of day, type of day or season is no more than 50% of the level of toll that would otherwise by applicable to the HGV in question.