The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) (Amendment) Regulations 2026

Welsh Statutory Instruments

2026 No. 73

Environmental protection, Wales

The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) (Amendment) Regulations 2026

Made

4 March 2026

Coming into force

30 September 2026

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by section 87(1)(c), (2)(c), (2)(o)(ii) and (5)(a) of, and paragraph 5(1)(f) and (m) of Schedule 11 to, the Environment Act 1995(1) (“the 1995 Act”), and now vested(2) in them, make the following Regulations.

In accordance with section 87(7B) of the 1995 Act(3), the Welsh Ministers have consulted Natural Resources Wales, every local authority in Wales, the Public Health Wales National Health Service Trust, every Local Health Board established under section 11 of the National Health Service (Wales) Act 2006(4) and the public.

In accordance with the Senedd approval procedure applied by section 87(8) of the 1995 Act a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.

Title, coming into force and application

1.—(1) The title of these Regulations is the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) (Amendment) Regulations 2026.

(2) These Regulations come into force on 30 September 2026.

Amendment to the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003

2.  The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003(5) are amended in accordance with regulations 3 to 7.

3.   In regulation 8 (amount of penalty) in paragraph (b) for “£20” substitute “the amount stated in a fixed penalty notice issued under regulation 13, which must not be less than £75 or more than £150”.

4.—(1) In regulation 13 (issue of fixed penalty notice: stationary idling offence) the existing provision becomes paragraph (1).

(2) After that paragraph insert—

“(2) Paragraph (1) does not apply unless, before the commission of the offence, the appropriate authority has—

(a) set, and published, one fixed penalty amount for all offences, or

(b) set more than one fixed penalty amount, in which case paragraph (3) applies.

(3) Where this paragraph applies, an appropriate authority must set and publish a scale that states each fixed penalty amount and the circumstances when that amount applies. Circumstances may include the proximity of the offence to a particular premises or type of premises.

(4) In this regulation, “publish” means publish on the appropriate authority’s website.”

5.   In regulation 16 (contents of notice) in paragraph (d) after “may be paid” insert “and, where regulation 13(2)(b) applies, the relevant circumstances”.

6.  In regulation 17 (effect of issue of fixed penalty notice) in paragraph (6)(c)—

(a) omit “of £20,”;

(b) for “to £40” substitute “by 50% of the amount stated in the fixed penalty notice issued under regulation 13”.

7.   After regulation 24 (issue of notices) insert—

Use of fixed penalty payments

24A.— (1) An appropriate authority must use the sums it receives in respect of fixed penalties payable under a fixed penalty notice issued under regulation 13 for any of the following—

(a) the enforcement and administration of stationary idling offences under these Regulations;

(b) measures that support and encourage air quality improvement in its area;

(c) reducing public exposure to transport emissions in its area.”

Huw Irranca-Davies

Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers

4 March 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003. They provide that an appropriate authority may issue fixed penalty notices in relation to stationary idling offences for amounts from within a range.

These Regulations set that range as no less than £75 and no more than £150. An appropriate authority may either, from that range, set a fixed penalty amount for all stationary idling offences or set fixed penalty amounts that are linked to the circumstances of the offence.

These Regulations provide that when issuing a fixed penalty amount linked to the circumstances of the offence the appropriate authority must state the circumstances that apply in the fixed penalty notice.

These Regulations provide that before an appropriate authority may issue fixed penalty notices for stationary idling offences it must have published the fixed penalty amount or amounts it will be using for offences in its area.

These Regulations provide that proceeds from such penalties must be used by the appropriate authority that issued the penalty for the purposes of: enforcing and administering stationary idling offences; supporting and encouraging air quality improvement in the local area; or reducing public exposure to transport emissions in that area.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1)

1995 c. 25. Section 91(1) defines “prescribed” and “regulations”.

(2)

The powers conferred on the Secretary of State were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of section 162(1) of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) those functions are now exercisable by the Welsh Ministers. The existing text of section 87(2)(o) was renumbered, and new section 87(o)(ii) was inserted by section 24(2)(a) of the Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2) (“the 2024 Act”).

(3)

Section 87(7B) of the 1995 Act was inserted by section 15 of the 2024 Act.

(4)

2006 c. 42.

(5)

S.I. 2003/300 (W. 42).