Non-road Mobile Machinery Emission Testing

The request was partially successful.

Dear Department for Transport,

I have received this response for the DEFRA team to my pervious request that Grant Shaps said we a DEFRA issues only to be told by DEFRA its a DFT issue.
Can you please advice.

Mr Norman Highnam [email address]

Our ref: FOI2019/19662 17 October 2019

Dear Mr Highnam,

REQUEST FOR INFORMATION: Non-Road Mobile Machinery Emission Testing

Thank you for your request for information of 21 September 2019 about non-road mobile machinery emission testing. We have handled your request under the Environmental Information Regulations 2004 (EIRs).

The EIRs apply to requests for environmental information, which is a broad category of information defined in regulation 2 of the EIRs. Public authorities are required to handle requests for environmental information under the EIRs. They give similar access rights to the Freedom of Information Act 2000 (FOIA).

The information you requested and our response are detailed below.

“I received a valid response from the DFT direct from Grant Shaps MP ref my request for updated information on the testing annually of NRMM engines.

Can you please give me the full and updated progress on the consultation to impose the regulation on the transport industry for Transport Refrigeration units. (TRU)'S

Unless the regulation is imposed all the ULEZ and LEZ will be a laughing stock as they do not reflect the true level of NOx and PM entering the zones.”

Transport Refrigeration Units (TRUs) are subject to placing on the market emission standards under the EU NRMM Regulation (Regulation 2016/1628), which is enforced in the UK through The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018. This domestic legislation was subject to public consultation in 2018.

We are writing to advise you that the information that you have requested is not held by Defra but instead by DfT, the Government Department responsible for the above mentioned consultation and which can be contacted at:

[email address]

The exception at regulation 12(4)(a) of the Environmental Information Regulations (EIRs), which relates to information which is not held at the time when an applicant's request is received, therefore applies to the information you have requested.

Regulation 12(4)(a) is a qualified exception, which usually means that a public authority is required to conduct a public interest test to determine whether or not information should be disclosed or withheld. However, the Information Commissioner's Office (ICO), who is the independent regulator for requests made under the EIRs, takes the view that a public interest test in cases where the information is not held would serve no useful purpose. Therefore, in line with the ICO's view, Defra has not conducted a public interest test in this case.

We attach an annex giving contact details should you be unhappy with the service you have received.

If you have any queries about this letter please contact the address below.

Yours sincerely

Mark Shotton Information Rights Team [email address]

Yours faithfully,

Norman Highnam

FOI-ADVICE-TEAM-DFT, Department for Transport

Dear Mr Highnam,

Thank you for your email.

We will be unable to proceed with your request without clarification of the information you wish to receive. To help us do so, I would like to know which consultation your request relates to.

I'd be grateful if you could confirm whether it is the consultation here -

Kind regards
FOI Advice Team
Department for Transport

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Hi DFT team yes this is the consultation

Yours sincerely,

Norman Highnam

Department for Transport

Dear Sir,

I am writing to acknowledge receipt of your request for information which
has been allocated reference number P0017966.

A response will be issued to you in due course.


Department for Transport
FOI Advice Team
Governance Division
Zone D/04
Ashdown House
Sedlescombe Road North
St Leonards on Sea
East Sussex
TN37 7GA

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Department for Transport

1 Attachment

Dear Norman Highnam

Please find attached the response to your correspondence about Non-road
mobile machinery emission testing .

Thank you,

Department for Transport
PO Correspondence
5/22 Great Minster House
33 Horseferry Road

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