The UK government reportedly contemplated utilizing legal authority to halt the expansion of London's Ultra Low Emission (Ulez) scheme, as revealed to the BBC.
The initiative was abandoned after legal advisors warned that such a move was likely to fail if challenged in court, according to the Daily Telegraph.
Scheduled for implementation on Tuesday, the Ulez scheme will be extended to cover all London boroughs.
The Department of Transport responded, stating that the onus was on the mayor to justify the expansion, considering the public's cost of living.
As per the Telegraph, cabinet ministers examined the possibility of invoking a section of the 1999 Greater London Authority Act, which granted them the power to override Sadiq Khan's policy if it contradicted "national policies."
Nevertheless, formal legal consultation determined that this maneuver was fraught with failure potential if legally contested, the newspaper reported.
A spokesperson for the London mayor noted, "The Secretary of State could only use this power after changing national policy to prevent all cities charging drivers based on their emissions."
The spokesperson continued, "Ministers have directed numerous UK cities to introduce clean air zones, and the government is under clear legal obligations to tackle air pollution. The mayor has received no suggestion from the government that they have any intention to renege on these commitments."
Motorists operating vehicles within the charging zone, which do not adhere to Transport for London's (TfL) emission standards, will be subject to a daily charge of £12.50.
Generally, petrol cars meeting the standards were first registered after 2005, while diesel vehicles must generally be newer than September 2015.
The expansion of the Ulez scheme, originally introduced in 2019 to address air quality in the capital, was declared lawful by the High Court last month. This followed a legal challenge from five Conservative-led councils against the plan of the Labour mayor.
The subsequent by-election loss in Uxbridge and South Ruislip was attributed by Labour leader Sir Keir Starmer to this controversial expansion.
A Department of Transport representative noted that the mayor should "justify the Ulez expansion." Amid government efforts to ease the public's cost of living, the spokesperson emphasized that the mayor should clarify whether charging non-compliant vehicles £12.50 each time they drive in London is equitable.
The AA motoring association underscored the importance of withholding fines from non-compliant Ulez drivers "until the system beds in."
Transport for London (TFL) confirmed its authority to issue warning letters in lieu of penalty charge notices, exercising its discretion.
During the launch of Birmingham's emissions-based charging scheme in June 2021, the city council declared a two-week grace period for the £8 daily fee on non-compliant vehicles as part of a "soft launch." Photo by citytransportinfo, Wikimedia commons.