Form

How to fill in the Low Emissions Certificate (LEC) appeal form

Published 27 January 2014

Applies to England, Scotland and Wales

1. What you can appeal

This appeal procedure relates to:

• low emissions tests carried out for first issue
• renewal of low emissions certificates
• tests carried out to clear low emissions rectification notices.

If you want to complain against the issue of a low emissions rectification notice you need to contact your local road traffic enforcement area office.

2. Appeal fee

There is no fee for an appeal against a refusal to issue a Low Emissions Certificate (LEC).

3. How long have you got to appeal

You need to appeal within 14 days of the date of issue of a notification of refusal to issue a LEC.

An appeal will be considered if the form is fully complete and has been received by the Driver and Vehicle Standards Agency (DVSA) within the 14 days.

4. Where to send the form

Don’t send your form to the local DVSA test station.

It needs to be sent to:

5. What will happen next

You’ll be contacted and arrangements made for an appeal test at a mutually convenient time and place, wherever possible.

6. What documents do I need to take to the appeal

Do not enclose any notifications or certificates with this application form.

If you have an appeal you need to take:

• copy (copies) of the notification(s) of refusal to issue a LEC against which you are appealing
• any unexpired LECs you already hold in respect of the vehicle, if they haven’t already been retained by the testing station
• any annual test certificates you were issued at the time that the LEC was refused

7. Taking the vehicle to the appeal test

It’s important that the vehicle is in the same state at the appeal test as it was when it was inspected and the refusal notification(s) issued.

Any changes in the condition of the vehicle which have occurred since the test must be declared on the appeal form. They may affect the outcome of the appeal.

8. What happens at the appeal test

At the appeal test, the reasons given for refusal of a LEC will be considered, and an inspection made of the vehicle by a DVSA inspecting officer.

The DVSA inspecting officer will determine whether the requirements of the Road Vehicle (Registration and Licensing) Regulations are fully satisfied in respect of the Greater London Low Emissions Zone Charging Order 2006 for low emissions.

All vehicles will be required to undergo a free acceleration smoke opacity meter test and must be in a suitable well-maintained condition for this to be carried out.

Vehicles that normally carry dangerous goods must be presented safe for test. The inspecting officer may refuse to carry out an appeal test if the vehicle isn’t presented in a suitable condition.

9. What happens if the appeal is successful

If the vehicle is found at appeal to satisfy the low emissions requirements of the regulations then a new LEC will be issued dated to expire either:

• at the end of a month compatible with your new annual test certificate, if the low emissions test under appeal was carried at the same time as an annual test
• between 22 and 23 months ahead if the appeal relates to a first low emissions test
• between 12 and 13 months ahead if the appeal related to a second or subsequent low emissions test not carried out at the same time as an annual test

10. What happens if the appeal is unsuccessful

If the vehicle is found at appeal not to satisfy the low emissions requirements of the regulations another notification of refusal to issue a LEC will be issued.

You must then take steps within 14 days to repair or modify your vehicle and have it retested, or re-tax your vehicle at the standard rate.

Alternatively, if you still feel that the refusal is unjust you may make a second appeal against the inspecting officer’s decision within 14 days, using this same form and indicating in the appropriate box that it is a second appeal.

You can’t appeal for the third time if the second appeal is unsuccessful.