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How foreign registered vehicles get away with it

5 February 2024

Today, a Belgian driver going to the Netherlands for work and exceeding the speeding limit will be fined through the European Vehicle and Driving Licence Information System (EUCARIS). Speeding is one of the traffic-related fines included in the Cross-Border Enforcement (CBE) Directive. The directive is an EU legislation allowing vehicle data exchange between EU countries to pursue road traffic offences.

That’s how foreign and national registered vehicles are equally subject to the enforcement of road traffic rules. However, the same Belgian driver, also violating a low emission zone in Amsterdam or Rotterdam, may get away with a fine for this infraction, as the same regulation does not yet cover it.

Why?

The European Commission suggested revising the existing CBE directive last March with updates focusing on the infringement of road safety rules. However, these don’t include Urban Vehicle Access Regulations (UVARs) such as pedestrian zones, even though the European Commission recognised that UVARs positively impact road safety. “Urban Vehicle Access Regulations […] can help cities to comply with EU air quality standards and to limit congestion and traffic-borne emissions and increase safety,” reads the Commission website.

Melanie van der Horst, Deputy Mayor for Transport in Amsterdam.

In addition to road safety, UVARs are designed by cities to address specific challenges such as pollution, congestion, preservation of historic sites, and promotion of sustainable transportation. For example, they are increasingly being used to reduce climate emissions from transport – a sector where climate emissions reduction has been slow.

“We have committed to the Paris Climate Agreement. With Trucks and vans having relatively high emissions our low emission zones are helping us reach our targets,” says Vincent Karremans, Vice Mayor for Enforcement, Public Space and Transport in Rotterdam.

“Some of the benefits of these regulations for locals are better air quality, which is good for people’s health and better quality of life in residential areas,” adds Melanie van der Horst, Deputy Mayor for Transport in Amsterdam.

Read more on the joint letter from European cities and regions, members of Eurocities, Polis network and CLARS platform or on the factsheet on including Vehicle Access Regulation (VARs) in the CBE Directive revision.

What impact?

The effectiveness of these UVARs depends mainly on the enforcement. If foreign vehicles are unaffected by it, the efficacy of the measures will be reduced. Not being able to consistently enforce these regulations with foreign vehicles also creates a sense of injustice within the local community.

For example, the low emission zone enforcement in Rotterdam is affecting relationships with truck companies and the support of the measure. “There is no level playing field for Dutch companies compared to foreign companies,” explains Karremans. “The support base for the low emission zone is under pressure.”

These issues are not limited to Dutch cities. The CLARS database, which provides information on urban access regulation schemes, counts 703 enforced UVARs in 26 European countries. The actual number is higher as the CLARS website does not include all UVARs; for example, pedestrian zones, school and speed-limited zones are not included, but are implemented in many urban areas.

The rules apply to everyone. However, in practice, today, enforcement only works for vehicles with a Dutch license plate.
— Melanie van der Horst, Deputy Mayor for Transport in Amsterdam

However, foreign vehicle enforcement mainly affects border or touristy cities. Some border cities find themselves powerless as foreign vehicles park, speed or enter access zones with practical impunity.

Read more on the joint letter from European cities and regions, members of Eurocities, Polis network and CLARS platform or on the factsheet on including Vehicle Access Regulation (VARs) in the CBE Directive revision.

Issues in collecting fines

Lack of enforcement also has an impact on city revenues. They are losing millions of Euros because they are unable to collect fines.

At the moment, cities rely on their national level to implement a bilateral agreement to exchange information to enforce UVARs fines or on debt collection agencies. Neither solution is ideal. The first comes with significant extra efforts to come to bilateral agreements and treats some foreign vehicles differently than others. The second brings substantial additional costs and delays for the city. As the fine is filed and communicated by a third party, this also creates privacy concerns and is often thought of as spam by the receiver.

Read more on the joint letter from European cities and regions, members of Eurocities, Polis network and CLARS platform or on the factsheet on including Vehicle Access Regulation (VARs) in the CBE Directive revision.

How can the CBE Directive help?

If UVARs are included in the CBE Directive, “it would become easier for our city to enforce our Urban Vehicle Access Regulations,” explains van der Horst. “The EUCARIS system is ready for exchanging licence plate information across Europe. They already have a service specifically dedicated to exchanging technical vehicle data for UVARs.”

In short, the transition would be seamless, and cities could issue and collect the fines themselves. This means they wouldn’t need third parties, like debt collectors, and wouldn’t share data with private companies, nor incur additional costs or administrative burdens.

More importantly, “it would mean improved air quality and safety in our city,” says Karremans. “It would also mean less frustrations and anger in our streets as a result of inequality in treatment,” adds van der Horst. “The rules apply to everyone. However, in practice, today, enforcement only works for vehicles with a Dutch license plate.”

The final negotiations on the Cross-Border Enforcement Directive are crucial for urban road safety. It’s a chance for the European Commission and Parliament to ensure fair enforcement of Urban Vehicle Access Regulations and improve air quality, safety, and equality on our streets.

Read more on the joint letter from European cities and regions, members of Eurocities, Polis network and CLARS platform or on the factsheet on including Vehicle Access Regulation (VARs) in the CBE Directive revision.

Contact

Wilma Dragonetti Eurocities Writer

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