Stationary Vehicle Engine Idling: Amendment to The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003: consultation document

This consultation welcomes your views on proposed amendments to the fixed penalty notice range applicable to the offence of stationary engine idling as defined within the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003. 

The regulations give powers to local authorities in Wales to issue Fixed Penalty Notices to drivers of vehicles who they reasonably believed to have committed a stationary idling offence and have failed to comply with a request from a person authorised by the local authority to stop running their vehicle engine whilst stationary on a public highway. The penalty amount is currently £20, if not paid within the period specified in the FPN the penalty amount rises to £40. Where the driver has given notice requesting a hearing the penalty amount is not payable until after the hearing.

The closing date for responses is 30 September 2025. Please either respond using the online form or complete the enclosed consultation response form and send it to any of the following:

Email: airqualitypolicy@gov.wales 
(please include FPN range for stationary engine idling in the subject line)

Post:             
Air Quality Policy
Environmental Protection Division
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Large print, Braille and alternative language versions of this document are available on request.

For further information:

Environmental Protection Division
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Email: AirQualityPolicy@gov.wales.

Mae’r ddogfen yma hefyd ar gael yn Gymraeg / This document is also available in Welsh.

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Welsh Government
Cathays Park
Cardiff
CF10 3NQ

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Stationary engine idling, the practice of leaving an engine running when a vehicle is not moving, is an unnecessary contributor to air pollution and noise. It also wastes fuel and increases costs to drivers.

Idling can be a particular concern in some locations, such as outside schools where children may be disproportionately exposed to vehicle emissions, and to residents regularly impacted by noise. 

We propose to undertake a range of actions to raise awareness of the potential harms of stationary engine idling and to discourage idling when vehicles are stopped. This may include for example national communication campaigns and guidance to local authorities to develop their own local behaviour-change strategies. Our focus is on supporting and encouraging drivers, and we see penalties as a tool of last resort.

We also recognise that local authorities need appropriate tools to take enforcement action when necessary. 

Under the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003 (“the 2003 regulations”) a driver who is believed to be committing a stationary idling offence and who refuses to turn off their engine when required to do so by a person authorised by the local authority may, on summary conviction, be liable for a fine not exceeding level 3 on the standard scale (i.e. a fine not exceeding £1000) or alternatively could be issued with a ‘Fixed Penalty Notice’ (FPN) for a penalty amount of £20. The penalty amount rises to £40 where the penalty is not paid within the period specified in the FPN. Where the recipient has given notice requesting a hearing the penalty amount is not payable until after the hearing.

This amount was set in legislation more than twenty years ago and has not increased with inflation in that time. Welsh Government believes that the penalty amount of £20 insufficiently reflects the seriousness of the potential risk of pollution to public health and is too low to act as sufficient deterrence.

Through this consultation we welcome views on proposals to amend existing legislation to enable local authorities in Wales to establish their own penalty levels from a range prescribed by Welsh Ministers. It is proposed to introduce a new penalty range and to provide local authorities with flexibility to determine a suitable penalty level to reflect local needs. The proposed range is £50 to £100, which would bring penalty amounts for this offence more in line with penalties for other environmental offences.

Welsh Government is committed to improving air quality and reducing the impacts of air pollution on human health, biodiversity, the natural environment and our economy. Our national strategy, Clean Air Plan for Wales: Healthy Air, Healthy Wales, sets out a 10-year pathway to achieving cleaner air. The actions will tackle well-known sources of air pollution such as transport, industry (including agriculture), and emissions from homes and businesses.

The Programme for Government for 2021 to 2026 reiterated Welsh Government’s commitment to introduce a Clean Air Act for Wales, consistent with World Health Organization (“WHO”) guidance. 

The commitment to legislate set out within the Programme for Government was, this year, fulfilled by the publication of the Environment (Air Quality and Soundscapes) (Wales) Act 2024 (on business.senedd.wales) (“the 2024 Act”), which provides a range of measures to contribute to improvements in the quality of the air environment in Wales. The 2024 act is a crucial part of the package of measures set out in the Clean Air Plan and builds on existing legislation in this area.

Transport emissions are responsible for a significant proportion of air pollution, including oxides of nitrogen (NOx) and particulate matter (PM) which have an adverse impact on human health. Llwybr Newydd: the Wales Transport Strategy 2021 recognises the importance of our transport infrastructure in connecting people and enabling economic growth. Improving air quality and reducing environmental noise associated with transport are an important focus of action.

The Noise and soundscape plan for Wales 2023 to 2028 describes Welsh Government’s approach to supporting a healthy sound environment. The document states our ambition for appropriate soundscapes, which means the right sound environment in the right time and place. Planning Policy Wales (PPW), which sets out Welsh Government’s land use planning policies, acknowledges the role of the planning system in helping reduce population exposure to air and noise pollution. 

According to a World Health Organisation report, one in three individuals is annoyed during the daytime, and one in five has disturbed sleep at night, because of traffic noise. Noise pollution isn’t just a nuisance. It also has implications for health, increasing the risk factors for ischemic heart disease and hypertension, hearing and cognitive impairment, and other health burdens.

Under the 2003 regulations a stationary idling offence can only be committed in relation to emissions however Welsh Government is mindful of the potential impacts that noise pollution can have on the well-being of the people of Wales. 

Under powers in the Environment Act 1995 and the 2003 Regulations Welsh Ministers may make regulations to set a penalty range and local authorities may issue a FPN for a penalty amount within this range for stationary engine idling. However, to date we have not made regulations to introduce a penalty range and currently the penalty amount a local authority can issue by way of FPN is only £20 (rising to £40 if not paid within the period specified within the FPN). We that believe the current penalty amount is too low as it does not reflect the potential harm that stationary engine idling can cause to both the people of Wales and the wider environment. Therefore, we propose to introduce a penalty range of £50 to £100. 

Under current legislation an offence is committed if a vehicle is stationary on a public highway with the engine running. There are limited exemptions which include being stopped in traffic. 

Highway Code Rule 123 (The Driver and the Environment) states; “You MUST NOT leave a parked vehicle unattended with the engine running or leave a vehicle engine running unnecessarily while that vehicle is stationary on a public road. Generally, if the vehicle is stationary and is likely to remain so for more than a couple of minutes, you should apply the parking brake and switch off the engine to reduce emissions and noise pollution. However, it is permissible to leave the engine running if the vehicle is stationary in traffic or for diagnosing faults.”

Traffic laws are enforced by the police, and this offence can attract a fine of between £1,000 and £2,500. However, local authorities also have powers relating to idling offences, and a person authorised by a local authority where the offence is taking place (an authorised person) can ask a driver to turn off their engine. If a driver fails to do so the authorised person may issue the driver, within 24 hours, a Fixed Penalty Notice (FPN) requiring them to pay £20. This rises to £40 if not paid within the timescale stipulated in the FPN. This consultation only concerns the penalty amount that local authorities may apply.

The current legislative framework governing stationary engine idling and the powers Welsh Ministers could use to make these changes if the proposal is taken forward is explained below in more detail:

The Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”)

Regulation 98(1) of the 1986 Regulations requires the driver of a stationary vehicle to turn off their engine to prevent unnecessary emissions. Paragraph (2) provides exemptions:

• where a vehicle is stationary owing to the necessities of traffic (when queuing, for example, at the traffic light)
• where an engine is run so that a fault can be traced and rectified, or
• where machinery on a vehicle requires the engine to be running (for the powering of refrigeration, for example, or compaction equipment on a refuse vehicle)

The Road Traffic Act 1988 and the Road Traffic Offenders Act 1988

Section 42 of the Road Traffic Act 1988 makes it an offence to contravene the 1986 Regulations i.e. it is an offence to leave your engine running except in the situations mentioned above. However, the Act does not set a penalty for that offence. Section 9 of, and Part 1 of Schedule 2 to, the Road Traffic Offenders Act 1988 provides that offences under section 42 of the Road Traffic Act 1988 as triable summarily and punishable with a fine on level 4 on the standard scale (maximum of £2,500) if committed in respect of goods vehicles or a vehicle adapted to carry more than 8 people or level 3 on the standard scale (maximum £1,000 fine) in any other case.

Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003 (“the 2003 Regulations”) 

Regulation 2(1) defines a ‘stationary idling offence’ as a contravention of, or failure to comply with, so much of regulation 98 (stopping of engine when stationary) of the 1986 Regulations as relates to the prevention of exhaust emissions.

Regulations 12 provides that where they have reasonable cause to believe that the driver of a vehicle is committing a stationary idling offence i.e. the person has not complied with regulation 98 of the 1986 Regulations an authorised person can require the driver to turn off the engine. If the driver does not turn off the engine, they are guilty of an offence and are liable on summary conviction to a fine not exceeding level 3 on the standard scale (£1000). 

Regulation 7 provides that stationary idling offences are prescribed as fixed penalty offences.

Regulation 13 provides that an authorised person (which means an authorised officer of the local authority, or any other person authorised by the local authority) may issue a Fixed Penalty Notice (FPN) to the driver of the vehicle where they consider a stationary idling offence has been committed. A person cannot be convicted for a statutory idling offence under regulation 12 where a FPN has been issued if it is paid before the expiry of the period for paying it. 

Regulation 8(b) provides that the penalty amount is set at £20. Regulation 18 provides a driver issued with a FPN may request a hearing. Regulation 17(5) and (6)(c) provides that the fixed penalty amount rises to £40 if the penalty is not paid within the specified payment period or if the recipient has not given a notice requesting a hearing.

Regulation 18 provides that a person may request a hearing in respect of the offence to which the FPN relates i.e. the stationary engine idling offence. Where a hearing is requested the penalty amount is not payable.

Regulation 20 provides that if a local authority determines that the FPN should not have been issued or that it was issued to the wrong person the local authority may withdraw the FPN. 

Regulation 21 provides that where a fixed penalty has not been paid by the specified payment date a county court may order it recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court and pursuant to regulation 22 the Enforcement of Road Traffic Debts Order 1993 applies.

Regulation 17: Where the penalty amount is paid before the expiry of the payment period a person may not be convicted for an offence on connection with which a FPN notice was issued. 

Power to make the proposed changes

Welsh Ministers propose to use powers in the Environment Act 1995 (“the 1995 Act”), these have been transferred to Welsh Ministers by virtue of the National Assembly for Wales (Transfer or Functions) Order 1999 and section 162(1) of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

Section 87(1)(c) of the 1995 Act provides Welsh Ministers with the power to make regulations in respect of the assessment or management of the quality of air. Section 87(2)(o)(ii) of the 1995 Act (inserted by section 24(2)(a) of the Environment (Air Quality and Soundscapes) (Wales) Act 2024 provides that regulations may contain a penalty range where the prescribed offence is a stationary idling offence prescribed by Welsh Ministers. Welsh Ministers have prescribed stationary engine idling as an offence under the 2003 Regulations.

We want to gather views on proposed amendments to the 2003 regulations, as set out in section 5 of this document.

Stationary idling is an existing offence, which may be enforced through civil sanctions. The proposals in this document do not intend to change this, or create any new offence, or apply any new duty on local authorities. However, we want to make sure that local authorities have the appropriate tools to be able to take enforcement action when necessary.

We believe that the penalty level insufficiently reflects the seriousness of the potential risk of pollution to public health and that the current fixed penalty level is set too low to act as viable deterrence. This amount was set in legislation more than 20 years ago and has not increased with inflation in that time. We believe that providing local authorities with flexibility to select a higher penalty amount for stationary engine idling will better enable them to undertake efficient and effective enforcement action to help reduce instances of the offence which in turn will help improve the air quality in your community.

Views are welcomed from both drivers and non-drivers. We would be particularly interested to hear from local authorities, and civil enforcement operatives and bodies, as well as organisations with an interest in tackling airborne pollution for the improvement of public health.

The proposed amendments are as follows:

A new penalty range will be stipulated within the regulations

It is proposed that this will range between £50 and £100, bringing the penalty more into line with fixed penalty amounts for other environmental offences (for example, nuisance parking, noise from dwellings, etc.)

The current fixed penalty amount is £20, as determined within the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003. Accounting for inflation (on bankofengland.co.uk), this would be approximately £35 today. Previous survey feedback from Local Authorities on the subject of idling has indicated that this amount may be too low to be considered economical for them to enforce. A low fine may also be considered to provide a limited deterrence.

Local Authorities to have discretionary powers to select and impose a penalty amount from within the range prescribed in the new legislation 

Local authorities will have flexibility to determine an appropriate level of penalty amount from within the range specified in the regulations. This will ensure that penalty levels reflect local needs and can be determined at a level which strikes a balance between ensuring sufficient deterrence whilst avoiding being unduly punitive.

It is proposed that the new legislation would be supported by new guidance to local authorities under section 88(1) of the Environment Act 1995 (further consultation will be undertaken on draft guidance).

Guidance could provide advice to local authorities on determining penalties within the stipulated range contained within the new regulations, but local authorities would retain ultimate flexibility to issue FPNs within the range stipulated in the regulations. 

Guidance could highlight the importance and potential benefits of taking action on this problem, with a particular focus on areas where concentrated and sustained idling occurs, and where there are greater numbers of people being exposed, particularly more vulnerable groups. For example, guidance could include:

• advice on awareness-raising and achieving behaviour change
• advice on developing and implementing anti-idling strategies
• advice on the interconnections between air quality and noise and how improving air quality can bring about benefits for soundscape
• advice on administering the new penalties regime alongside signposts to existing resources, such as anti-idling toolkits, and
• advice on incorporating anti-idling strategies into a wider package of complementary interventions to improve air quality, and
• a requirement to provide annual data reports to Welsh Government on their enforcement of stationary idling offences including, for example, the numbers of FPNs issued

A provision to be included in regulations to stipulate how net proceeds may be applied

Income derived from Fixed Penalty Notices issued for stationary engine idling under the 2003 Regulations is kept by the local authority that issued the FPN. The 2003 regulations do not currently specify how net proceeds (i.e. the money that is left after the costs associated with enforcement are deducted from the revenue raised) may be used.

It is proposed that provision is made in respect of the use of net proceeds to reflect the aim of enforcement which is to tackle vehicle emissions. A restriction on the use of net proceeds for measures to improve air quality would further enhance the impact of local anti-idling initiatives. This would also support public confidence that penalties are not treated by local authorities as a general revenue-raising exercise, but are solely focused on air quality improvement.

Regulations to stipulate a percentage increase in the penalty amount where payment is not made within the specified period

An FPN must clearly define an appropriate time period for payment of the penalty amount, or request for a hearing.

Where the recipient of an FPN fails to respond, it is proposed that the penalty amount increase by 50%. Therefore, a penalty of £50 would become £75, and a penalty of £100 would become £150.

It is proposed that regulations would be made in March 2026, and come into force on 1 August 2026. A communications campaign would be undertaken in the months leading up to August in order to increase awareness that stationary idling is an offence, and to alert the public to the new penalty range.

We are seeking views to the following questions. Responses may be submitted through our online form or by downloading a Word version of the response form for completion. Completed response forms may be emailed to: airqualitypolicy@gov.wales.

Question 1

To what extent do you agree or disagree that a lower penalty limit of £50 for the offence of stationary idling would be sufficient to deter drivers from leaving their engines running?

• strongly agree
• agree
• neither agree or disagree
• disagree
• strongly disagree

Question 2

To what extent do you agree or disagree that an upper penalty limit of £100 for the offence of stationary idling would provide a stronger deterrent whilst avoiding unfairly penalising drivers?

• strongly agree
• agree
• neither agree or disagree
• disagree
• strongly disagree

Question 3

To what extent do you agree or disagree that local authorities should be able to determine an appropriate penalty amount from within the prescribed range to reflect local circumstances and the nature of offences?

• strongly agree
• agree
• neither agree or disagree
• disagree
• strongly disagree

Question 4

To what extent do you agree or disagree that the penalty amount should increase by 50% if not paid within a specified period?

• strongly agree
• agree
• neither agree or disagree
• disagree
• strongly disagree

Question 5

To what extent do you agree or disagree that statutory guidance from the Welsh Government would be helpful to support local authorities in determining appropriate penalties from within the prescribed penalty range?

• strongly agree
• agree
• neither agree or disagree
• disagree
• strongly disagree

Question 6

To what extent do you agree or disagree that regulations should stipulate that any surplus income generated by local authorities from stationary idling penalties should be used only for measures to help improve air quality?

• strongly agree
• agree
• neither agree or disagree
• disagree
• strongly disagree

Question 7

To what extent do you agree or disagree with the proposed coming into force date of August 2026 for the regulations in order to allow time for an awareness-raising campaign?

• strongly agree
• agree
• neither agree or disagree
• disagree
• strongly disagree

Question 8

Do you have any comments on the appraisal set out within the draft Regulatory Impact Assessment?

Question 9

To what extent do you agree or disagree that the proposed regulations will positively impact opportunities for people to use Welsh and ensure Welsh is treated equally to English?

• strongly agree
• agree
• neither agree or disagree
• disagree
• strongly disagree

Question 10

We have asked a number of specific questions. If you have any other relevant thoughts or comments on our proposals to set a penalty range through regulations to help tackle stationary idling, please provide them here. 

This consultation is open to all, and Welsh Government would like to hear from anyone who wishes to offer views on the proposals.

The following specific consultees are approached because they have either contributed to similar consultations in the past, have a clear policy interest in the proposals, or are statutory consultees. 

1. Civil Enforcement Association
2. Welsh local government authorities
3. Public Health Wales
4. National Health Service Trust
5. Local Health Boards
6. Healthy Air Cymru
7. Association of Directors of Public Health
8. Asthma + Lung UK Cymru
9. Chartered Institute of Environmental Health
10. Confederation of British Industry (CBI)
11. Constructing Excellence in Wales
12. Co-production Wales
13. Country Land and Business Association
14. Construction Industry Council
15. Chartered Institute of Building
16. National Federation of Builders
17. Confederation of Passenger Transport UK
18. Association of Local Bus Managers
19. NHS Wales Shared Services Partnership
20. Chartered Institute of Logistics and Transport Cymru Wales
21. Children in Wales
22. Directors of Public Protection Wales
23. Federation of Small Businesses
24. Trade Unions
25. Institute of Licensing
26. Welsh Local Government Association
27. Licensed Private Hire Car Association Wales
28. Mid Wales Tours
29. National Private Hire and Taxi Association
30. North Wales Licensing Authorities
31. Uber
32. Zenith Logistics Consultants Ltd
33. Wrexham Chauffers Ltd
34. Fleet Operator Recognition Scheme (FORS)
35. Wales Safer Communities Network
36. Veezu Group
37. Taxi operators
38. School transport providers
39. Welsh Ambulance Services
40. VEST Community Transport
41. Community Transport Association
42. Coach and Bus Association Cymru
43. Association of Transport Co-ordinating Officers
44. Dwr Cymru
45. Openreach
46. Extinction Rebellion
47. Living Streets
48. Friends of the Earth Cymru
49. Future Generations Commissioner for Wales
50. Keep Wales Tidy
51. Noise Abatement Society
52. Wales Centre for Public Policy
53. Sustrans
54. UK Environmental Law Association
55. Wales Environment Link
56. North & Mid Wales Association of Local Councils
57. Institute of Acoustics
58. Royal Mail
59. UPS
60. Evri
61. YODEL
62. Logistics UK
63. UK Centre for Ecology & Hydrology
64. Motorcycle Action Group
65. Motorcycle Industry Association (mcia)
66. The National Courier and Despatch Association
67. Royal Automobile Club (RAC)
68. Automobile Association (AA)
69. UK Government
70. Scottish Government
71. The Northern Ireland Executive
72. Natural Resources Wales
73. Institute of Environmental Management and Assessment (IEMA)
74. Wales Pollution Expert Panel