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Answering member
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Lord Davies of Oldham
Type
House
Session
Year
Department
Member
Primary member
Answering member
More
Davies of Oldham, Lord (27)
Legislative stage
Legislation
Subject
More
Publisher
Lords motion to take note of the economy in the light of the Autumn Statement. Agreed to on question.
Lords motion to take note of the economy in the light of the Autumn Statement. Agreed to on question.
Lead member
Lord Young of Cookham
Answering member
Lord Davies of Oldham
Department
Treasury
Type
Debates
Subjects
Poverty; Charities; Business; Corporation tax; Capital investment; Budgets; Borrowing; Employment; Housing; Fees and charges; Exports; Income tax; Fines; Infrastructure; Excise duties; Fuels; Fiscal policy; Economic situation; Insurance premium tax; Economic growth; Forecasts; NHS; Pay; Pensions; Public expenditure; Private rented housing; Monetary policy; Universal credit; Research; Social services; Exchange rates; Autumn statement; Social security benefits; Public sector debt; Regional planning and development; Tax allowances; Taxation; Venture capital; Standard of living; National savings bonds; Public finance; Office for Budget Responsibility; Brexit; Productivity; Living wage; LIBOR
Date
29 November 2016
Reference
777 cc108-192
Chamber / Committee
House of Lords chamber
House
House of Lords
To ask Her Majesty's Government what financial penalties have been imposed by the European Union authorities on the Rural Payments Agency in respect of their administration of the single farm payment scheme over each of the past five years; and from what source those penalty payments have been funded.
To ask Her Majesty's Government what financial penalties have been imposed by the European Union authorities on the Rural Payments Agency in respect of their administration of the single farm payment scheme over each of the past five years; and from what source those penalty payments have been funded.
Asked by
Lord Marlesford
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
10 November 2009
To date, financial penalties of the order of £64 million for late payments and £5 million for a shortfall in cross-compliance inspections have been imposed in respect of the 2005 single payment scheme. Funding for these penalties was drawn from a ring-fenced sum that Defra has agreed with HM Treasury for this purpose.
Subjects
Administration; Agriculture; Fines; Subsidies; Rural Payments Agency
Date
10 November 2009
Reference
6163; 714 c131-2WA
House
House of Lords
To ask Her Majesty's Government how much tax and penalties have been recovered in association with HM Revenue and Customs by the Gangmasters Licensing Authority since its inception.
To ask Her Majesty's Government how much tax and penalties have been recovered in association with HM Revenue and Customs by the Gangmasters Licensing Authority since its inception.
Asked by
Lord Burnett
(Liberal Democrat)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
24 June 2009
It is difficult to give an accurate estimate of the amount of tax and other penalties recovered by HM Revenue and Customs as a result of the Gangmasters Licensing Authority's (GLA) activities. However, during the licensing scheme's first year of operation (April 2006 to March 2007) the GLA has estimated that approximately 40 gangmasters who had not previously been registered for VAT did so in order to comply with the GLA licensing standards¹. "¹ Figures obtained from Gangmasters Licensing Authority"
Subjects
Licensing; Fines; Gangmasters; Taxation; Gangmasters Licensing Authority
Date
24 June 2009
Reference
4350; 711 c287WA
House
House of Lords
asked Her Majesty's Government:Where the penalties levied by the Office of Fair Trading for colluding on the price of milk for cheese will go; what they will be used for; and whether they will be ring-fenced for agricultural purposes additional to existing Department for Environment, Food and Rural Affairs budgets.
asked Her Majesty's Government:Where the penalties levied by the Office of Fair Trading for colluding on the price of milk for cheese will go; what they will be used for; and whether they will be ring-fenced for agricultural purposes additional to existing Department for Environment, Food and Rural Affairs budgets.
Asked by
Lord Taylor of Holbeach
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
12 May 2008
The Government are committed to a strong competition regime and recognise the importance of competitive markets for driving growth, innovation and better value for consumers.
Fines, such as those levied by the OFT, are paid into the Consolidated Fund and are then allocated according to government spending priorities as part of the spending review process. The fines are therefore spent on providing services to the public. The Treasury's Comprehensive Spending Review and Pre-Budget Report (published in October 2007), available in the Library of the House and at www.hm-treasury.gov.uk/pbr _csr/pbr_csr07_index.cfm, provides details of how departments' budgets have been set for the next three years. The fines levied by the OFT are intended to be a punitive measure to deter anti-competitive behaviour and are not designed as a means of compensation. However, in general where consumers or businesses have suffered as a result of anti-competitive behaviour, they can seek redress for their losses through private action. The Government recognise that, in some instances, there may be barriers to redress and will be consulting shortly on measures to address this.
Subjects
Fines; Office of Fair Trading; Milk; Cheese; Price fixing
Date
12 May 2008
Reference
701 c115WA; 3407
House
House of Lords
asked Her Majesty's Government:Whether Government departments other than the Department for Environment, Food and Rural Affairs have incurred European Union financial penalties since 1993; what the reasons were for such penalties; and what their individual costs were to the Exchequer.
asked Her Majesty's Government:Whether Government departments other than the Department for Environment, Food and Rural Affairs have incurred European Union financial penalties since 1993; what the reasons were for such penalties; and what their individual costs were to the Exchequer.
Asked by
Lord Stoddart of Swindon
(Independent Labour)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
29 January 2008
The United Kingdom has never incurred a financial penalty under Article 228 (ex Article 171) of the Treaty Establishing the European Community.
Subjects
European Union; Fines
Date
29 January 2008
Reference
1402; 698 c104-5WA
House
House of Lords
How many fines have been levied in the past three years for infringements of speed restrictions by the Marlow Hill, High Wycombe speed camera.
How many fines have been levied in the past three years for infringements of speed restrictions by the Marlow Hill, High Wycombe speed camera.
Asked by
Baroness Gardner of Parkes
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
10 October 2006
Information on the number of fines from offences detected by individual speed cameras is not collected centrally.
Subjects
Cameras; Fines; Speed limits; Road traffic offences; High Wycombe
Date
10 October 2006
Reference
685 c141WA; 7458
House
House of Lords
What action is being taken to improve co-operation within the European Union to enable authorities to enforce criminal and civil penalties and charges both for lorries and private cars.
What action is being taken to improve co-operation within the European Union to enable authorities to enforce criminal and civil penalties and charges both for lorries and private cars.
Asked by
Lord Bradshaw
(Liberal Democrat)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
25 July 2006
The European Union Financial Penalties Framework Decision, adopted on 24 February 2005, will allow a fine or other financial penalty arising from criminal proceedings in one member state to be transferred to another member state for enforcement. Primary legislation will be required to implement the framework decision. When the framework decision comes into force in member states in March 2007, cases received from other member states will be directed to local courts here for enforcement under the existing fines enforcement regime. We understand that the European Commission is considering making proposals for a directive aimed at fostering international co-operation to enforce criminal penalties and civil charges for vehicles. However, a proposed text has yet to be published.
Subjects
EU countries; Enforcement; Fines; EU action; Motor vehicles; Road traffic offences
Date
25 July 2006
Reference
7134; 684 c252WA
House
House of Lords
For the past 12 months for which figures are available, what was the total number of fixed penalty notices issued by government departments, agencies and contractors; and what was the total amount of fines and charges raised.
For the past 12 months for which figures are available, what was the total number of fixed penalty notices issued by government departments, agencies and contractors; and what was the total amount of fines and charges raised.
Asked by
Viscount Goschen
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
8 June 2006
The total number of fixed penalty notices issued by government departments, agencies and contractors together with the total amount of fines and charges raised for the past 12 months could only be provided at disproportionate cost.
Subjects
Contracts; Executive agencies; Fixed penalties; Fines; Government departments; Income
Date
8 June 2006
Reference
5268; 682 c204WA
House
House of Lords
When consultation was started and completed on the civil enforcement of bus lane contraventions outside London under the Transport Act 2000.
When consultation was started and completed on the civil enforcement of bus lane contraventions outside London under the Transport Act 2000.
Asked by
Lord Bradshaw
(Liberal Democrat)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
16 May 2006
The department wrote to consultees on 10 July 2002 seeking comments by 6 September 2002 on the draft regulations concerning the arrangements for imposing civil penalty charges for bus lane contraventions, the handling of representations, the procedure for adjudication and the procedure for enforcement when a penalty charge is not paid. A summary of the comments received was published on the DfT web site on 15 November 2004.
Subjects
Bus lanes; Enforcement; Fines; Road traffic offences; Consultation papers
Date
16 May 2006
Reference
5548; 682 c20WA
House
House of Lords
What regulations govern the level of parking fines.
What regulations govern the level of parking fines.
Asked by
Viscount Goschen
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
3 May 2006
Where decriminalised parking is not in force, parking offences are enforced by the police service. The level of fine for a criminal parking offence is set by Schedule 2 to the Road Traffic Offenders Act 1988 and the level of fixed penalty is set by order made under that Act. The most recent order is the Fixed Penalty (Amendment) Order 2003, S.I. 2003, No 1254.
Where decriminalised parking is in force, parking contraventions are enforced by local authorities. Outside London, the levels of additional parking charges (including penalty charge notices) for parking contravention are set in accordance with procedures in the Road Traffic Act 1991 and the order under that Act putting decriminalised parking in place in the local authority. In particular they must be set in accordance with guidance from the Secretary of State. Inside London, the level of additional parking charges (including penalty charge notices) is set in accordance with procedures in the Road Traffic Act 1991. A local authority must set the level of such charges in conjunction with a joint committee and subject to the approval of the Mayor for London and the Secretary of State.
Local authorities outside London must chose between one of three penalty charge notice (PCN) levels: £40, £50 and £60. London authorities must chose between PCN levels of £60, £80 and £100. There is a discount of 50 per cent. for PCNs paid within 14 days. An authority may use different PCN levels in different parts of their area but few do.
Subjects
Fines; Parking offences
Date
3 May 2006
Reference
5269; 681 c74-5WA
House
House of Lords
Which 10 speed cameras in the United Kingdom generate the greatest income from motoring fines; and what is the amount generated from each of those cameras.
Which 10 speed cameras in the United Kingdom generate the greatest income from motoring fines; and what is the amount generated from each of those cameras.
Asked by
Viscount Goschen
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
25 April 2006
The department does not hold this information as income from fixed penalty notices following offences detected from speed cameras relates to the totals for safety camera partnerships and not to individual camera sites.
Subjects
Cameras; Fines; Income; Speed limits; Road traffic offences
Date
25 April 2006
Reference
681 c20WA; 5267
House
House of Lords
How much the Government Car Service paid in fines due to motoring offences and violations, excluding those arising from the non-payment of the London congestion charge, in each of the past six years.
How much the Government Car Service paid in fines due to motoring offences and violations, excluding those arising from the non-payment of the London congestion charge, in each of the past six years.
Asked by
Lord Hanningfield
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
16 February 2006
The Government Car and Despatch Agency is not exempt from the payment of fines and congestion charges and the information requested is as follows:
These charges and penalties cover the entire GCDA fleet. In addition to ministerial cars, which represent approximately 35 per cent. of the entire fleet, the GCDA fleet includes vehicles which are provided by the Government Car Service to government departments, to Ministers and civil servants and all vehicles operated in London by the InterDespatch Service. The InterDespatch Service provides interdepartmental mail distribution to government offices. The majority of GCDA’s work is conducted within the congestion charge zone.
| Year | Fines | Congestion Charge Paid | Congestion Charge Fines |
| 2002-03 | Not available | £2,760.00 | £40.00 |
| 2003-04 | £3,610.00 | £166,825.00 | £240.00 |
| 2004-05 | £3,770.00 | £134,580.00 | £190.00 |
| 2005-06 * | £3,710.00 | £113,006.00 | £300.00 |
| * year to date |
Subjects
Fines; Road traffic offences; Official cars; Government Car and Despatch Agency
Date
16 February 2006
Reference
678 c193-4WA; 3912
House
House of Lords
How much the Government Car Service has paid in each year of its operation on (a) the London congestion charge; and (b) fines arising from the non-payment of the London congestion charge; and
How much the Government Car Service has paid in each year of its operation on (a) the London congestion charge; and (b) fines arising from the non-payment of the London congestion charge; and
Asked by
Lord Hanningfield
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
16 February 2006
The Government Car and Despatch Agency is not exempt from the payment of fines and congestion charges and the information requested is as follows:
These charges and penalties cover the entire GCDA fleet. In addition to ministerial cars, which represent approximately 35 per cent. of the entire fleet, the GCDA fleet includes vehicles which are provided by the Government Car Service to government departments, to Ministers and civil servants and all vehicles operated in London by the InterDespatch Service. The InterDespatch Service provides interdepartmental mail distribution to government offices. The majority of GCDA’s work is conducted within the congestion charge zone.
| Year | Fines | Congestion Charge Paid | Congestion Charge Fines |
| 2002-03 | Not available | £2,760.00 | £40.00 |
| 2003-04 | £3,610.00 | £166,825.00 | £240.00 |
| 2004-05 | £3,770.00 | £134,580.00 | £190.00 |
| 2005-06 * | £3,710.00 | £113,006.00 | £300.00 |
| * year to date |
Subjects
Expenditure; Greater London; Fines; Roads; Tolls; Official cars; Government Car and Despatch Agency
Date
16 February 2006
Reference
678 c193-4WA; 3911
House
House of Lords
Whether (a) all penalty schemes at airports in respect of noise, emissions and deviations from flight paths are administered by airports themselves; and (b) there is any independent oversight of these schemes.
Whether (a) all penalty schemes at airports in respect of noise, emissions and deviations from flight paths are administered by airports themselves; and (b) there is any independent oversight of these schemes.
Asked by
Lord Bradshaw
(Liberal Democrat)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
20 December 2005
There are over 140 licensed aerodromes in the United Kingdom, and the information about their operating policies requested in a number of these questions is not collected or held by the Department for Transport. It is therefore not possible to give comprehensive information about UK airports’ policies in response to these questions. However, some illustrative examples of practices at larger UK airports are given at the end of this answer.Ambient air quality is monitored in the vicinity of all larger airports in the UK. Continuous monitoring of a number of different pollutants, which are controlled though the UK air quality objectives, is carried out near airports either through the Defra monitoring network, by local authorities or by the airports themselves. The prime pollutants are nitrogen dioxide (NO&2sub;) and particulate matter (PM10) though a number of other pollutants are monitored at different locations. Data acquired are used both for compliance monitoring against limit values and in support of modelling of pollutant concentrations. Monitors are sited at various locations that relate either to the main sources or to residential areas.Aircraft emissions are not identified separately from other sources in monitoring work though some sites will be exposed to higher levels of aircraft emissions whilst at others it will be roads that predominate. For modelling of airport area emissions, the aircraft source emissions, like other sources, will be calculated using inventory techniques related to technical and operational performance. Inevitably, this will be an approximation given the variation in numerous factors that affect the actual level of emissions for a particular movement.Moreover, it is not possible to ascribe a particular operational level of emissions to an individual aircraft. The Civil Aviation Bill does not, therefore, make provision for the establishment of emissions control schemes at airports.There are currently no penalty schemes in operation at UK airports for emissions, and no current statutory powers to airport operators to impose such penalties.Clause 1 of the Civil Aviation Bill would give airport operators clear powers to fix their charges by reference to aircraft emissions. BAA currently makes a charge, or offers a rebate, dependent upon the ascertained NOx emission of aircraft types using Heathrow and Gatwick airports. Given that some airport operators would like explicit clear powers to make such charges, it is not unexpected that there should be so few charging on this basis.Clauses 3 and 4 of the Civil Aviation Bill would give airport operators the power to levy financial penalties on the operators of aircraft which breach noise control requirements set by the Secretary of State (in the case of airports designated for the purposes of section 78 of the Civil Aviation Act 1982) or the airport operator itself (for other airports). There is no current statutory basis for charging such penalties.At present a number of airports impose penalties for breach of their noise limits for departing aircraft, using their terms and conditions of use; some examples of these are given at the end of this Answer, along with details of the limits in question and the penalties imposed. The Government are aware of one airport—Stansted—that levies penalties for flagrant or persistent deviation from flight path as part of its terms and conditions of use.Noise and track-keeping systems are required to assess breaches of departure noise limits and deviation from noise preferential routes. These systems are potentially costly to install and run and it may therefore not be appropriate for smaller airports to impose noise controls that require this apparatus.There are a variety of ways in which airport operators may manage the noise impact of their operations, which should be selected and used in response to local circumstances. These may include curfews, restrictions on the number or type of aircraft permitted to fly at night, or overall limits on the number of aircraft movements at an airport; the Government also expect operators of larger airports voluntarily to offer noise insulation for residential and community buildings subject to certain levels of noise. The operation of noise penalty schemes needs to be seen in the context of these other measures.As noted above, the Government do not collect or hold information about the funds raised by airports that impose penalties for breach of their departure noise limits, or the purposes to which those funds are put. However, examples of such information are given at the end of this Answer.Nor does the Government collect information about how all penalty schemes are administered. However, it can be seen from the examples provided that a community trust fund is frequently established to administer grants, with local authorities and representatives of the airport’s consultative committee generally included as trustees. It is also common practice for the consultative committee to be informed about the operation of the scheme. Those funds which are registered charities will receive independent regulation from the Charity Commission.The Secretary of State has set departure noise limits at Heathrow, Gatwick and Stansted. These are 94dBA in daytime (0700-2300); 89dBA between 2300-2330 and 0600-0700; and 87dBA in the night quota period, 2330-0600. BAA, the operator of these three airports, charges aircraft operators £500 for an exceedance of the relevant noise limit, or £1,000 if the aircraft breaches the limit by 3dBA or more.The Secretary of State has also set noise preferential routes for aircraft departing from these airports. Each airport has a noise and track-keeping (NTK) system in place to monitor breaches of the departure noise limits and deviations from the noise preferential routes. As noted above, Stansted Airport imposes a surcharge of £500 for each flagrant failure to adhere to a noise preferential route.At Heathrow Airport, the BAA Heathrow noise fines fund has used the income generated from fines for breaching the departure noise limits to provide noise insulation for local schools and community halls; the fund is being reviewed, given that the needs of schools and other noise-sensitive buildings should be met by the airport’s new community buildings noise insulation scheme.At Gatwick Airport, the Gatwick Airport Community Trust is a registered charity set up in 2001. The trust receives the money raised from fining for breaches of the departure noise limits, in addition to an annual donation of £100,000 per year (index-linked) until 2008 from BAA Gatwick. It grants money to projects that benefit the area around the airport, including environmental or conservation schemes and projects that benefit community life or improve community facilities. In 2004 the trust made grants for a wide range of purposes, including tree planting, play facilities in a rural community and music in residential homes.At Stansted Airport, until this year the consultative committee has advised the airport on the distribution of funds raised from noise and track-keeping infringements. The Stansted Airport Community Trust Fund, a registered charity, has now been set up to deal with this. The trust is also being funded through a donation of £100,000 per year from the Airport until 2012. The trust is managed by independent trustees representing local authorities in the area of the airport, and makes grants to projects that protect and enhance the social, economic and environmental well-being of the community.Manchester Airport sets departure noise limits of 92dBA/105PNdB in the day and 85dBA/98 PNdB at night (2300-0659). The minimum penalty for exceeding the limit is £500, and a further £150 is applied for each PNdB in excess of the noise limit.Manchester Airport has a NTK system to monitor aircraft noise, and has set up preferred noise routes to minimise the impact of noise from departing aircraft. It has lobbied for many years for the power to charge penalties for failure to observe these preferred noise route corridors. Clause 4 of the Bill will give operators of non-designated airports this power.The Manchester Airport Community Trust Fund is a registered charity set up by the airport. It has a board of trustees including representatives of the local authorities whose areas are eligible for grants from the fund (the ““area of benefit””). It considers applications from not-for-profit groups that aim to improve the environment or social welfare within that area, and specifies that projects should be open to all and demonstrate wide, lasting benefit to all members of the community.Since the fund was set up in 1997 it has donated £1.7 million to over 500 projects. The airport donates £150,000 per year to the fund in addition to donating the money it levies for breaches of the departure noise limits.Birmingham International Airport sets departure noise limits of 92dBA in the day and 87dBA at night (2330-0600). The penalty for breaches of the daytime limit is £500 plus £150 for each full decibel over 92dBA; the penalty for night-time breaches is a surcharge of the full runway charge payable for that aircraft.The airport has set up noise preferential routes for departing aircraft and has an NTK system in place.Birmingham International Airport has set up a community trust fund. A registered charity, it receives £55,000 from the airport each year in addition to the penalties levied for breaches of its departure noise limits. The fund invests in projects that directly benefit areas affected by the airport, and are aimed at improving quality of life through heritage conservation, environment improvement and education, encouraging and protecting wildlife or social and leisure activities.It is operated by nine trustees who are nominees of Solihull Metropolitan Borough Council, Birmingham City Council, the airport consultative committee and the airport company. Since the trust was launched in January 1998 around 250 grants totalling over £530,000 have been awarded to local community projects.Nottingham East Midlands Airport sets departure noise limits at night and fines operators of aircraft that breach those limits. It also has an NTK system in place and has noise preferential routes for departing aircraft.The Nottingham East Midlands Airport Community Fund was set up in April 2002 and has donated over £130,000 to community initiatives since then. This includes £79,550 raised through fining airlines for breaches of the night-time noise limits. The fund is administered by a committee including members of the airport’s consultative committee and representatives of the airport.London Luton Airport sets departure noise limits of 94dBA in the day and 87dBA at night (2330-0600 Monday to Saturday, 2330-0700 Sunday). The penalties are a surcharge based on the combined landing and air navigation charges for the aircraft concerned. For a daytime breach this is 400 per cent of that combined charge; for night-time breaches the operator is charged a 300 per cent surcharge for a breach at 88-91dBA, a 500 per cent surcharge for a breach at 92-95dBA, and a 600 per cent surcharge for a breach of 95dBA and above.
Subjects
Air pollution; Aircraft; Airports; Air routes; Fines; Pollution; Monitoring; Noise
Date
20 December 2005
Reference
2910; 676 c241-5WA
House
House of Lords
To what purposes the money raised from airport penalty schemes has been devoted; and
To what purposes the money raised from airport penalty schemes has been devoted; and
Asked by
Lord Bradshaw
(Liberal Democrat)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
20 December 2005
There are over 140 licensed aerodromes in the United Kingdom, and the information about their operating policies requested in a number of these questions is not collected or held by the Department for Transport. It is therefore not possible to give comprehensive information about UK airports’ policies in response to these questions. However, some illustrative examples of practices at larger UK airports are given at the end of this answer.Ambient air quality is monitored in the vicinity of all larger airports in the UK. Continuous monitoring of a number of different pollutants, which are controlled though the UK air quality objectives, is carried out near airports either through the Defra monitoring network, by local authorities or by the airports themselves. The prime pollutants are nitrogen dioxide (NO&2sub;) and particulate matter (PM10) though a number of other pollutants are monitored at different locations. Data acquired are used both for compliance monitoring against limit values and in support of modelling of pollutant concentrations. Monitors are sited at various locations that relate either to the main sources or to residential areas.Aircraft emissions are not identified separately from other sources in monitoring work though some sites will be exposed to higher levels of aircraft emissions whilst at others it will be roads that predominate. For modelling of airport area emissions, the aircraft source emissions, like other sources, will be calculated using inventory techniques related to technical and operational performance. Inevitably, this will be an approximation given the variation in numerous factors that affect the actual level of emissions for a particular movement.Moreover, it is not possible to ascribe a particular operational level of emissions to an individual aircraft. The Civil Aviation Bill does not, therefore, make provision for the establishment of emissions control schemes at airports.There are currently no penalty schemes in operation at UK airports for emissions, and no current statutory powers to airport operators to impose such penalties.Clause 1 of the Civil Aviation Bill would give airport operators clear powers to fix their charges by reference to aircraft emissions. BAA currently makes a charge, or offers a rebate, dependent upon the ascertained NOx emission of aircraft types using Heathrow and Gatwick airports. Given that some airport operators would like explicit clear powers to make such charges, it is not unexpected that there should be so few charging on this basis.Clauses 3 and 4 of the Civil Aviation Bill would give airport operators the power to levy financial penalties on the operators of aircraft which breach noise control requirements set by the Secretary of State (in the case of airports designated for the purposes of section 78 of the Civil Aviation Act 1982) or the airport operator itself (for other airports). There is no current statutory basis for charging such penalties.At present a number of airports impose penalties for breach of their noise limits for departing aircraft, using their terms and conditions of use; some examples of these are given at the end of this Answer, along with details of the limits in question and the penalties imposed. The Government are aware of one airport—Stansted—that levies penalties for flagrant or persistent deviation from flight path as part of its terms and conditions of use.Noise and track-keeping systems are required to assess breaches of departure noise limits and deviation from noise preferential routes. These systems are potentially costly to install and run and it may therefore not be appropriate for smaller airports to impose noise controls that require this apparatus.There are a variety of ways in which airport operators may manage the noise impact of their operations, which should be selected and used in response to local circumstances. These may include curfews, restrictions on the number or type of aircraft permitted to fly at night, or overall limits on the number of aircraft movements at an airport; the Government also expect operators of larger airports voluntarily to offer noise insulation for residential and community buildings subject to certain levels of noise. The operation of noise penalty schemes needs to be seen in the context of these other measures.As noted above, the Government do not collect or hold information about the funds raised by airports that impose penalties for breach of their departure noise limits, or the purposes to which those funds are put. However, examples of such information are given at the end of this Answer.Nor does the Government collect information about how all penalty schemes are administered. However, it can be seen from the examples provided that a community trust fund is frequently established to administer grants, with local authorities and representatives of the airport’s consultative committee generally included as trustees. It is also common practice for the consultative committee to be informed about the operation of the scheme. Those funds which are registered charities will receive independent regulation from the Charity Commission.The Secretary of State has set departure noise limits at Heathrow, Gatwick and Stansted. These are 94dBA in daytime (0700-2300); 89dBA between 2300-2330 and 0600-0700; and 87dBA in the night quota period, 2330-0600. BAA, the operator of these three airports, charges aircraft operators £500 for an exceedance of the relevant noise limit, or £1,000 if the aircraft breaches the limit by 3dBA or more.The Secretary of State has also set noise preferential routes for aircraft departing from these airports. Each airport has a noise and track-keeping (NTK) system in place to monitor breaches of the departure noise limits and deviations from the noise preferential routes. As noted above, Stansted Airport imposes a surcharge of £500 for each flagrant failure to adhere to a noise preferential route.At Heathrow Airport, the BAA Heathrow noise fines fund has used the income generated from fines for breaching the departure noise limits to provide noise insulation for local schools and community halls; the fund is being reviewed, given that the needs of schools and other noise-sensitive buildings should be met by the airport’s new community buildings noise insulation scheme.At Gatwick Airport, the Gatwick Airport Community Trust is a registered charity set up in 2001. The trust receives the money raised from fining for breaches of the departure noise limits, in addition to an annual donation of £100,000 per year (index-linked) until 2008 from BAA Gatwick. It grants money to projects that benefit the area around the airport, including environmental or conservation schemes and projects that benefit community life or improve community facilities. In 2004 the trust made grants for a wide range of purposes, including tree planting, play facilities in a rural community and music in residential homes.At Stansted Airport, until this year the consultative committee has advised the airport on the distribution of funds raised from noise and track-keeping infringements. The Stansted Airport Community Trust Fund, a registered charity, has now been set up to deal with this. The trust is also being funded through a donation of £100,000 per year from the Airport until 2012. The trust is managed by independent trustees representing local authorities in the area of the airport, and makes grants to projects that protect and enhance the social, economic and environmental well-being of the community.Manchester Airport sets departure noise limits of 92dBA/105PNdB in the day and 85dBA/98 PNdB at night (2300-0659). The minimum penalty for exceeding the limit is £500, and a further £150 is applied for each PNdB in excess of the noise limit.Manchester Airport has a NTK system to monitor aircraft noise, and has set up preferred noise routes to minimise the impact of noise from departing aircraft. It has lobbied for many years for the power to charge penalties for failure to observe these preferred noise route corridors. Clause 4 of the Bill will give operators of non-designated airports this power.The Manchester Airport Community Trust Fund is a registered charity set up by the airport. It has a board of trustees including representatives of the local authorities whose areas are eligible for grants from the fund (the ““area of benefit””). It considers applications from not-for-profit groups that aim to improve the environment or social welfare within that area, and specifies that projects should be open to all and demonstrate wide, lasting benefit to all members of the community.Since the fund was set up in 1997 it has donated £1.7 million to over 500 projects. The airport donates £150,000 per year to the fund in addition to donating the money it levies for breaches of the departure noise limits.Birmingham International Airport sets departure noise limits of 92dBA in the day and 87dBA at night (2330-0600). The penalty for breaches of the daytime limit is £500 plus £150 for each full decibel over 92dBA; the penalty for night-time breaches is a surcharge of the full runway charge payable for that aircraft.The airport has set up noise preferential routes for departing aircraft and has an NTK system in place.Birmingham International Airport has set up a community trust fund. A registered charity, it receives £55,000 from the airport each year in addition to the penalties levied for breaches of its departure noise limits. The fund invests in projects that directly benefit areas affected by the airport, and are aimed at improving quality of life through heritage conservation, environment improvement and education, encouraging and protecting wildlife or social and leisure activities.It is operated by nine trustees who are nominees of Solihull Metropolitan Borough Council, Birmingham City Council, the airport consultative committee and the airport company. Since the trust was launched in January 1998 around 250 grants totalling over £530,000 have been awarded to local community projects.Nottingham East Midlands Airport sets departure noise limits at night and fines operators of aircraft that breach those limits. It also has an NTK system in place and has noise preferential routes for departing aircraft.The Nottingham East Midlands Airport Community Fund was set up in April 2002 and has donated over £130,000 to community initiatives since then. This includes £79,550 raised through fining airlines for breaches of the night-time noise limits. The fund is administered by a committee including members of the airport’s consultative committee and representatives of the airport.London Luton Airport sets departure noise limits of 94dBA in the day and 87dBA at night (2330-0600 Monday to Saturday, 2330-0700 Sunday). The penalties are a surcharge based on the combined landing and air navigation charges for the aircraft concerned. For a daytime breach this is 400 per cent of that combined charge; for night-time breaches the operator is charged a 300 per cent surcharge for a breach at 88-91dBA, a 500 per cent surcharge for a breach at 92-95dBA, and a 600 per cent surcharge for a breach of 95dBA and above.
Subjects
Air pollution; Aircraft; Airports; Air routes; Fines; Income; Pollution; Noise
Date
20 December 2005
Reference
2909; 676 c241-5WA
House
House of Lords
How much money has been raised at airports which have penalty schemes in respect of (a) noise; (b) emissions; and (c) deviation from planned flight path; and
How much money has been raised at airports which have penalty schemes in respect of (a) noise; (b) emissions; and (c) deviation from planned flight path; and
Asked by
Lord Bradshaw
(Liberal Democrat)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
20 December 2005
There are over 140 licensed aerodromes in the United Kingdom, and the information about their operating policies requested in a number of these questions is not collected or held by the Department for Transport. It is therefore not possible to give comprehensive information about UK airports’ policies in response to these questions. However, some illustrative examples of practices at larger UK airports are given at the end of this answer.Ambient air quality is monitored in the vicinity of all larger airports in the UK. Continuous monitoring of a number of different pollutants, which are controlled though the UK air quality objectives, is carried out near airports either through the Defra monitoring network, by local authorities or by the airports themselves. The prime pollutants are nitrogen dioxide (NO&2sub;) and particulate matter (PM10) though a number of other pollutants are monitored at different locations. Data acquired are used both for compliance monitoring against limit values and in support of modelling of pollutant concentrations. Monitors are sited at various locations that relate either to the main sources or to residential areas.Aircraft emissions are not identified separately from other sources in monitoring work though some sites will be exposed to higher levels of aircraft emissions whilst at others it will be roads that predominate. For modelling of airport area emissions, the aircraft source emissions, like other sources, will be calculated using inventory techniques related to technical and operational performance. Inevitably, this will be an approximation given the variation in numerous factors that affect the actual level of emissions for a particular movement.Moreover, it is not possible to ascribe a particular operational level of emissions to an individual aircraft. The Civil Aviation Bill does not, therefore, make provision for the establishment of emissions control schemes at airports.There are currently no penalty schemes in operation at UK airports for emissions, and no current statutory powers to airport operators to impose such penalties.Clause 1 of the Civil Aviation Bill would give airport operators clear powers to fix their charges by reference to aircraft emissions. BAA currently makes a charge, or offers a rebate, dependent upon the ascertained NOx emission of aircraft types using Heathrow and Gatwick airports. Given that some airport operators would like explicit clear powers to make such charges, it is not unexpected that there should be so few charging on this basis.Clauses 3 and 4 of the Civil Aviation Bill would give airport operators the power to levy financial penalties on the operators of aircraft which breach noise control requirements set by the Secretary of State (in the case of airports designated for the purposes of section 78 of the Civil Aviation Act 1982) or the airport operator itself (for other airports). There is no current statutory basis for charging such penalties.At present a number of airports impose penalties for breach of their noise limits for departing aircraft, using their terms and conditions of use; some examples of these are given at the end of this Answer, along with details of the limits in question and the penalties imposed. The Government are aware of one airport—Stansted—that levies penalties for flagrant or persistent deviation from flight path as part of its terms and conditions of use.Noise and track-keeping systems are required to assess breaches of departure noise limits and deviation from noise preferential routes. These systems are potentially costly to install and run and it may therefore not be appropriate for smaller airports to impose noise controls that require this apparatus.There are a variety of ways in which airport operators may manage the noise impact of their operations, which should be selected and used in response to local circumstances. These may include curfews, restrictions on the number or type of aircraft permitted to fly at night, or overall limits on the number of aircraft movements at an airport; the Government also expect operators of larger airports voluntarily to offer noise insulation for residential and community buildings subject to certain levels of noise. The operation of noise penalty schemes needs to be seen in the context of these other measures.As noted above, the Government do not collect or hold information about the funds raised by airports that impose penalties for breach of their departure noise limits, or the purposes to which those funds are put. However, examples of such information are given at the end of this Answer.Nor does the Government collect information about how all penalty schemes are administered. However, it can be seen from the examples provided that a community trust fund is frequently established to administer grants, with local authorities and representatives of the airport’s consultative committee generally included as trustees. It is also common practice for the consultative committee to be informed about the operation of the scheme. Those funds which are registered charities will receive independent regulation from the Charity Commission.The Secretary of State has set departure noise limits at Heathrow, Gatwick and Stansted. These are 94dBA in daytime (0700-2300); 89dBA between 2300-2330 and 0600-0700; and 87dBA in the night quota period, 2330-0600. BAA, the operator of these three airports, charges aircraft operators £500 for an exceedance of the relevant noise limit, or £1,000 if the aircraft breaches the limit by 3dBA or more.The Secretary of State has also set noise preferential routes for aircraft departing from these airports. Each airport has a noise and track-keeping (NTK) system in place to monitor breaches of the departure noise limits and deviations from the noise preferential routes. As noted above, Stansted Airport imposes a surcharge of £500 for each flagrant failure to adhere to a noise preferential route.At Heathrow Airport, the BAA Heathrow noise fines fund has used the income generated from fines for breaching the departure noise limits to provide noise insulation for local schools and community halls; the fund is being reviewed, given that the needs of schools and other noise-sensitive buildings should be met by the airport’s new community buildings noise insulation scheme.At Gatwick Airport, the Gatwick Airport Community Trust is a registered charity set up in 2001. The trust receives the money raised from fining for breaches of the departure noise limits, in addition to an annual donation of £100,000 per year (index-linked) until 2008 from BAA Gatwick. It grants money to projects that benefit the area around the airport, including environmental or conservation schemes and projects that benefit community life or improve community facilities. In 2004 the trust made grants for a wide range of purposes, including tree planting, play facilities in a rural community and music in residential homes.At Stansted Airport, until this year the consultative committee has advised the airport on the distribution of funds raised from noise and track-keeping infringements. The Stansted Airport Community Trust Fund, a registered charity, has now been set up to deal with this. The trust is also being funded through a donation of £100,000 per year from the Airport until 2012. The trust is managed by independent trustees representing local authorities in the area of the airport, and makes grants to projects that protect and enhance the social, economic and environmental well-being of the community.Manchester Airport sets departure noise limits of 92dBA/105PNdB in the day and 85dBA/98 PNdB at night (2300-0659). The minimum penalty for exceeding the limit is £500, and a further £150 is applied for each PNdB in excess of the noise limit.Manchester Airport has a NTK system to monitor aircraft noise, and has set up preferred noise routes to minimise the impact of noise from departing aircraft. It has lobbied for many years for the power to charge penalties for failure to observe these preferred noise route corridors. Clause 4 of the Bill will give operators of non-designated airports this power.The Manchester Airport Community Trust Fund is a registered charity set up by the airport. It has a board of trustees including representatives of the local authorities whose areas are eligible for grants from the fund (the ““area of benefit””). It considers applications from not-for-profit groups that aim to improve the environment or social welfare within that area, and specifies that projects should be open to all and demonstrate wide, lasting benefit to all members of the community.Since the fund was set up in 1997 it has donated £1.7 million to over 500 projects. The airport donates £150,000 per year to the fund in addition to donating the money it levies for breaches of the departure noise limits.Birmingham International Airport sets departure noise limits of 92dBA in the day and 87dBA at night (2330-0600). The penalty for breaches of the daytime limit is £500 plus £150 for each full decibel over 92dBA; the penalty for night-time breaches is a surcharge of the full runway charge payable for that aircraft.The airport has set up noise preferential routes for departing aircraft and has an NTK system in place.Birmingham International Airport has set up a community trust fund. A registered charity, it receives £55,000 from the airport each year in addition to the penalties levied for breaches of its departure noise limits. The fund invests in projects that directly benefit areas affected by the airport, and are aimed at improving quality of life through heritage conservation, environment improvement and education, encouraging and protecting wildlife or social and leisure activities.It is operated by nine trustees who are nominees of Solihull Metropolitan Borough Council, Birmingham City Council, the airport consultative committee and the airport company. Since the trust was launched in January 1998 around 250 grants totalling over £530,000 have been awarded to local community projects.Nottingham East Midlands Airport sets departure noise limits at night and fines operators of aircraft that breach those limits. It also has an NTK system in place and has noise preferential routes for departing aircraft.The Nottingham East Midlands Airport Community Fund was set up in April 2002 and has donated over £130,000 to community initiatives since then. This includes £79,550 raised through fining airlines for breaches of the night-time noise limits. The fund is administered by a committee including members of the airport’s consultative committee and representatives of the airport.London Luton Airport sets departure noise limits of 94dBA in the day and 87dBA at night (2330-0600 Monday to Saturday, 2330-0700 Sunday). The penalties are a surcharge based on the combined landing and air navigation charges for the aircraft concerned. For a daytime breach this is 400 per cent of that combined charge; for night-time breaches the operator is charged a 300 per cent surcharge for a breach at 88-91dBA, a 500 per cent surcharge for a breach at 92-95dBA, and a 600 per cent surcharge for a breach of 95dBA and above.
Subjects
Air pollution; Aircraft; Airports; Air routes; Fines; Income; Pollution; Noise
Date
20 December 2005
Reference
2908; 676 c241-5WA
House
House of Lords
What penalties are imposed for breaches of the noise and pollution regimes by airports with penalty schemes in operation; and
What penalties are imposed for breaches of the noise and pollution regimes by airports with penalty schemes in operation; and
Asked by
Lord Bradshaw
(Liberal Democrat)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
20 December 2005
There are over 140 licensed aerodromes in the United Kingdom, and the information about their operating policies requested in a number of these questions is not collected or held by the Department for Transport. It is therefore not possible to give comprehensive information about UK airports’ policies in response to these questions. However, some illustrative examples of practices at larger UK airports are given at the end of this answer.Ambient air quality is monitored in the vicinity of all larger airports in the UK. Continuous monitoring of a number of different pollutants, which are controlled though the UK air quality objectives, is carried out near airports either through the Defra monitoring network, by local authorities or by the airports themselves. The prime pollutants are nitrogen dioxide (NO&2sub;) and particulate matter (PM10) though a number of other pollutants are monitored at different locations. Data acquired are used both for compliance monitoring against limit values and in support of modelling of pollutant concentrations. Monitors are sited at various locations that relate either to the main sources or to residential areas.Aircraft emissions are not identified separately from other sources in monitoring work though some sites will be exposed to higher levels of aircraft emissions whilst at others it will be roads that predominate. For modelling of airport area emissions, the aircraft source emissions, like other sources, will be calculated using inventory techniques related to technical and operational performance. Inevitably, this will be an approximation given the variation in numerous factors that affect the actual level of emissions for a particular movement.Moreover, it is not possible to ascribe a particular operational level of emissions to an individual aircraft. The Civil Aviation Bill does not, therefore, make provision for the establishment of emissions control schemes at airports.There are currently no penalty schemes in operation at UK airports for emissions, and no current statutory powers to airport operators to impose such penalties.Clause 1 of the Civil Aviation Bill would give airport operators clear powers to fix their charges by reference to aircraft emissions. BAA currently makes a charge, or offers a rebate, dependent upon the ascertained NOx emission of aircraft types using Heathrow and Gatwick airports. Given that some airport operators would like explicit clear powers to make such charges, it is not unexpected that there should be so few charging on this basis.Clauses 3 and 4 of the Civil Aviation Bill would give airport operators the power to levy financial penalties on the operators of aircraft which breach noise control requirements set by the Secretary of State (in the case of airports designated for the purposes of section 78 of the Civil Aviation Act 1982) or the airport operator itself (for other airports). There is no current statutory basis for charging such penalties.At present a number of airports impose penalties for breach of their noise limits for departing aircraft, using their terms and conditions of use; some examples of these are given at the end of this Answer, along with details of the limits in question and the penalties imposed. The Government are aware of one airport—Stansted—that levies penalties for flagrant or persistent deviation from flight path as part of its terms and conditions of use.Noise and track-keeping systems are required to assess breaches of departure noise limits and deviation from noise preferential routes. These systems are potentially costly to install and run and it may therefore not be appropriate for smaller airports to impose noise controls that require this apparatus.There are a variety of ways in which airport operators may manage the noise impact of their operations, which should be selected and used in response to local circumstances. These may include curfews, restrictions on the number or type of aircraft permitted to fly at night, or overall limits on the number of aircraft movements at an airport; the Government also expect operators of larger airports voluntarily to offer noise insulation for residential and community buildings subject to certain levels of noise. The operation of noise penalty schemes needs to be seen in the context of these other measures.As noted above, the Government do not collect or hold information about the funds raised by airports that impose penalties for breach of their departure noise limits, or the purposes to which those funds are put. However, examples of such information are given at the end of this Answer.Nor does the Government collect information about how all penalty schemes are administered. However, it can be seen from the examples provided that a community trust fund is frequently established to administer grants, with local authorities and representatives of the airport’s consultative committee generally included as trustees. It is also common practice for the consultative committee to be informed about the operation of the scheme. Those funds which are registered charities will receive independent regulation from the Charity Commission.The Secretary of State has set departure noise limits at Heathrow, Gatwick and Stansted. These are 94dBA in daytime (0700-2300); 89dBA between 2300-2330 and 0600-0700; and 87dBA in the night quota period, 2330-0600. BAA, the operator of these three airports, charges aircraft operators £500 for an exceedance of the relevant noise limit, or £1,000 if the aircraft breaches the limit by 3dBA or more.The Secretary of State has also set noise preferential routes for aircraft departing from these airports. Each airport has a noise and track-keeping (NTK) system in place to monitor breaches of the departure noise limits and deviations from the noise preferential routes. As noted above, Stansted Airport imposes a surcharge of £500 for each flagrant failure to adhere to a noise preferential route.At Heathrow Airport, the BAA Heathrow noise fines fund has used the income generated from fines for breaching the departure noise limits to provide noise insulation for local schools and community halls; the fund is being reviewed, given that the needs of schools and other noise-sensitive buildings should be met by the airport’s new community buildings noise insulation scheme.At Gatwick Airport, the Gatwick Airport Community Trust is a registered charity set up in 2001. The trust receives the money raised from fining for breaches of the departure noise limits, in addition to an annual donation of £100,000 per year (index-linked) until 2008 from BAA Gatwick. It grants money to projects that benefit the area around the airport, including environmental or conservation schemes and projects that benefit community life or improve community facilities. In 2004 the trust made grants for a wide range of purposes, including tree planting, play facilities in a rural community and music in residential homes.At Stansted Airport, until this year the consultative committee has advised the airport on the distribution of funds raised from noise and track-keeping infringements. The Stansted Airport Community Trust Fund, a registered charity, has now been set up to deal with this. The trust is also being funded through a donation of £100,000 per year from the Airport until 2012. The trust is managed by independent trustees representing local authorities in the area of the airport, and makes grants to projects that protect and enhance the social, economic and environmental well-being of the community.Manchester Airport sets departure noise limits of 92dBA/105PNdB in the day and 85dBA/98 PNdB at night (2300-0659). The minimum penalty for exceeding the limit is £500, and a further £150 is applied for each PNdB in excess of the noise limit.Manchester Airport has a NTK system to monitor aircraft noise, and has set up preferred noise routes to minimise the impact of noise from departing aircraft. It has lobbied for many years for the power to charge penalties for failure to observe these preferred noise route corridors. Clause 4 of the Bill will give operators of non-designated airports this power.The Manchester Airport Community Trust Fund is a registered charity set up by the airport. It has a board of trustees including representatives of the local authorities whose areas are eligible for grants from the fund (the ““area of benefit””). It considers applications from not-for-profit groups that aim to improve the environment or social welfare within that area, and specifies that projects should be open to all and demonstrate wide, lasting benefit to all members of the community.Since the fund was set up in 1997 it has donated £1.7 million to over 500 projects. The airport donates £150,000 per year to the fund in addition to donating the money it levies for breaches of the departure noise limits.Birmingham International Airport sets departure noise limits of 92dBA in the day and 87dBA at night (2330-0600). The penalty for breaches of the daytime limit is £500 plus £150 for each full decibel over 92dBA; the penalty for night-time breaches is a surcharge of the full runway charge payable for that aircraft.The airport has set up noise preferential routes for departing aircraft and has an NTK system in place.Birmingham International Airport has set up a community trust fund. A registered charity, it receives £55,000 from the airport each year in addition to the penalties levied for breaches of its departure noise limits. The fund invests in projects that directly benefit areas affected by the airport, and are aimed at improving quality of life through heritage conservation, environment improvement and education, encouraging and protecting wildlife or social and leisure activities.It is operated by nine trustees who are nominees of Solihull Metropolitan Borough Council, Birmingham City Council, the airport consultative committee and the airport company. Since the trust was launched in January 1998 around 250 grants totalling over £530,000 have been awarded to local community projects.Nottingham East Midlands Airport sets departure noise limits at night and fines operators of aircraft that breach those limits. It also has an NTK system in place and has noise preferential routes for departing aircraft.The Nottingham East Midlands Airport Community Fund was set up in April 2002 and has donated over £130,000 to community initiatives since then. This includes £79,550 raised through fining airlines for breaches of the night-time noise limits. The fund is administered by a committee including members of the airport’s consultative committee and representatives of the airport.London Luton Airport sets departure noise limits of 94dBA in the day and 87dBA at night (2330-0600 Monday to Saturday, 2330-0700 Sunday). The penalties are a surcharge based on the combined landing and air navigation charges for the aircraft concerned. For a daytime breach this is 400 per cent of that combined charge; for night-time breaches the operator is charged a 300 per cent surcharge for a breach at 88-91dBA, a 500 per cent surcharge for a breach at 92-95dBA, and a 600 per cent surcharge for a breach of 95dBA and above.
Subjects
Air pollution; Aircraft; Airports; Fines; Pollution; Noise
Date
20 December 2005
Reference
2835; 676 c241-5WA
House
House of Lords
Which airports in the United Kingdom have penalty schemes in operation for (a) noise, and (b) pollution; and
Which airports in the United Kingdom have penalty schemes in operation for (a) noise, and (b) pollution; and
Asked by
Lord Bradshaw
(Liberal Democrat)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
20 December 2005
There are over 140 licensed aerodromes in the United Kingdom, and the information about their operating policies requested in a number of these questions is not collected or held by the Department for Transport. It is therefore not possible to give comprehensive information about UK airports’ policies in response to these questions. However, some illustrative examples of practices at larger UK airports are given at the end of this answer.Ambient air quality is monitored in the vicinity of all larger airports in the UK. Continuous monitoring of a number of different pollutants, which are controlled though the UK air quality objectives, is carried out near airports either through the Defra monitoring network, by local authorities or by the airports themselves. The prime pollutants are nitrogen dioxide (NO&2sub;) and particulate matter (PM10) though a number of other pollutants are monitored at different locations. Data acquired are used both for compliance monitoring against limit values and in support of modelling of pollutant concentrations. Monitors are sited at various locations that relate either to the main sources or to residential areas.Aircraft emissions are not identified separately from other sources in monitoring work though some sites will be exposed to higher levels of aircraft emissions whilst at others it will be roads that predominate. For modelling of airport area emissions, the aircraft source emissions, like other sources, will be calculated using inventory techniques related to technical and operational performance. Inevitably, this will be an approximation given the variation in numerous factors that affect the actual level of emissions for a particular movement.Moreover, it is not possible to ascribe a particular operational level of emissions to an individual aircraft. The Civil Aviation Bill does not, therefore, make provision for the establishment of emissions control schemes at airports.There are currently no penalty schemes in operation at UK airports for emissions, and no current statutory powers to airport operators to impose such penalties.Clause 1 of the Civil Aviation Bill would give airport operators clear powers to fix their charges by reference to aircraft emissions. BAA currently makes a charge, or offers a rebate, dependent upon the ascertained NOx emission of aircraft types using Heathrow and Gatwick airports. Given that some airport operators would like explicit clear powers to make such charges, it is not unexpected that there should be so few charging on this basis.Clauses 3 and 4 of the Civil Aviation Bill would give airport operators the power to levy financial penalties on the operators of aircraft which breach noise control requirements set by the Secretary of State (in the case of airports designated for the purposes of section 78 of the Civil Aviation Act 1982) or the airport operator itself (for other airports). There is no current statutory basis for charging such penalties.At present a number of airports impose penalties for breach of their noise limits for departing aircraft, using their terms and conditions of use; some examples of these are given at the end of this Answer, along with details of the limits in question and the penalties imposed. The Government are aware of one airport—Stansted—that levies penalties for flagrant or persistent deviation from flight path as part of its terms and conditions of use.Noise and track-keeping systems are required to assess breaches of departure noise limits and deviation from noise preferential routes. These systems are potentially costly to install and run and it may therefore not be appropriate for smaller airports to impose noise controls that require this apparatus.There are a variety of ways in which airport operators may manage the noise impact of their operations, which should be selected and used in response to local circumstances. These may include curfews, restrictions on the number or type of aircraft permitted to fly at night, or overall limits on the number of aircraft movements at an airport; the Government also expect operators of larger airports voluntarily to offer noise insulation for residential and community buildings subject to certain levels of noise. The operation of noise penalty schemes needs to be seen in the context of these other measures.As noted above, the Government do not collect or hold information about the funds raised by airports that impose penalties for breach of their departure noise limits, or the purposes to which those funds are put. However, examples of such information are given at the end of this Answer.Nor does the Government collect information about how all penalty schemes are administered. However, it can be seen from the examples provided that a community trust fund is frequently established to administer grants, with local authorities and representatives of the airport’s consultative committee generally included as trustees. It is also common practice for the consultative committee to be informed about the operation of the scheme. Those funds which are registered charities will receive independent regulation from the Charity Commission.The Secretary of State has set departure noise limits at Heathrow, Gatwick and Stansted. These are 94dBA in daytime (0700-2300); 89dBA between 2300-2330 and 0600-0700; and 87dBA in the night quota period, 2330-0600. BAA, the operator of these three airports, charges aircraft operators £500 for an exceedance of the relevant noise limit, or £1,000 if the aircraft breaches the limit by 3dBA or more.The Secretary of State has also set noise preferential routes for aircraft departing from these airports. Each airport has a noise and track-keeping (NTK) system in place to monitor breaches of the departure noise limits and deviations from the noise preferential routes. As noted above, Stansted Airport imposes a surcharge of £500 for each flagrant failure to adhere to a noise preferential route.At Heathrow Airport, the BAA Heathrow noise fines fund has used the income generated from fines for breaching the departure noise limits to provide noise insulation for local schools and community halls; the fund is being reviewed, given that the needs of schools and other noise-sensitive buildings should be met by the airport’s new community buildings noise insulation scheme.At Gatwick Airport, the Gatwick Airport Community Trust is a registered charity set up in 2001. The trust receives the money raised from fining for breaches of the departure noise limits, in addition to an annual donation of £100,000 per year (index-linked) until 2008 from BAA Gatwick. It grants money to projects that benefit the area around the airport, including environmental or conservation schemes and projects that benefit community life or improve community facilities. In 2004 the trust made grants for a wide range of purposes, including tree planting, play facilities in a rural community and music in residential homes.At Stansted Airport, until this year the consultative committee has advised the airport on the distribution of funds raised from noise and track-keeping infringements. The Stansted Airport Community Trust Fund, a registered charity, has now been set up to deal with this. The trust is also being funded through a donation of £100,000 per year from the Airport until 2012. The trust is managed by independent trustees representing local authorities in the area of the airport, and makes grants to projects that protect and enhance the social, economic and environmental well-being of the community.Manchester Airport sets departure noise limits of 92dBA/105PNdB in the day and 85dBA/98 PNdB at night (2300-0659). The minimum penalty for exceeding the limit is £500, and a further £150 is applied for each PNdB in excess of the noise limit.Manchester Airport has a NTK system to monitor aircraft noise, and has set up preferred noise routes to minimise the impact of noise from departing aircraft. It has lobbied for many years for the power to charge penalties for failure to observe these preferred noise route corridors. Clause 4 of the Bill will give operators of non-designated airports this power.The Manchester Airport Community Trust Fund is a registered charity set up by the airport. It has a board of trustees including representatives of the local authorities whose areas are eligible for grants from the fund (the ““area of benefit””). It considers applications from not-for-profit groups that aim to improve the environment or social welfare within that area, and specifies that projects should be open to all and demonstrate wide, lasting benefit to all members of the community.Since the fund was set up in 1997 it has donated £1.7 million to over 500 projects. The airport donates £150,000 per year to the fund in addition to donating the money it levies for breaches of the departure noise limits.Birmingham International Airport sets departure noise limits of 92dBA in the day and 87dBA at night (2330-0600). The penalty for breaches of the daytime limit is £500 plus £150 for each full decibel over 92dBA; the penalty for night-time breaches is a surcharge of the full runway charge payable for that aircraft.The airport has set up noise preferential routes for departing aircraft and has an NTK system in place.Birmingham International Airport has set up a community trust fund. A registered charity, it receives £55,000 from the airport each year in addition to the penalties levied for breaches of its departure noise limits. The fund invests in projects that directly benefit areas affected by the airport, and are aimed at improving quality of life through heritage conservation, environment improvement and education, encouraging and protecting wildlife or social and leisure activities.It is operated by nine trustees who are nominees of Solihull Metropolitan Borough Council, Birmingham City Council, the airport consultative committee and the airport company. Since the trust was launched in January 1998 around 250 grants totalling over £530,000 have been awarded to local community projects.Nottingham East Midlands Airport sets departure noise limits at night and fines operators of aircraft that breach those limits. It also has an NTK system in place and has noise preferential routes for departing aircraft.The Nottingham East Midlands Airport Community Fund was set up in April 2002 and has donated over £130,000 to community initiatives since then. This includes £79,550 raised through fining airlines for breaches of the night-time noise limits. The fund is administered by a committee including members of the airport’s consultative committee and representatives of the airport.London Luton Airport sets departure noise limits of 94dBA in the day and 87dBA at night (2330-0600 Monday to Saturday, 2330-0700 Sunday). The penalties are a surcharge based on the combined landing and air navigation charges for the aircraft concerned. For a daytime breach this is 400 per cent of that combined charge; for night-time breaches the operator is charged a 300 per cent surcharge for a breach at 88-91dBA, a 500 per cent surcharge for a breach at 92-95dBA, and a 600 per cent surcharge for a breach of 95dBA and above.
Subjects
Air pollution; Aircraft; Airports; Fines; Pollution; Noise
Date
20 December 2005
Reference
2834; 676 c241-5WA
House
House of Lords
Under what circumstances the costs of provision and operation of safety cameras can be met from speeding fines.
Under what circumstances the costs of provision and operation of safety cameras can be met from speeding fines.
Asked by
Earl of Shrewsbury
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
15 November 2005
Only safety cameras operating within the national safety camera programme can be funded from speeding fines.The Vehicles (Crime) Act 2001, Section 38 ““Unified power for the Secretary of State to fund speed cameras etc”” provides the Secretary of State with the powers to fund safety cameras. The national safety camera programme allows partnerships formed of police forces, highway authorities and magistrates courts to reclaim the costs of the deployment and operation of safety cameras, and the detection and enforcement of offences detected by cameras, from the related fines, provided that criteria set out in the Handbook of Rules and Guidance for the National Safety Camera Programme for England and Wales have been adhered to. This money is over and above local authorities’ road safety funding and means that the safety camera programme can produce real road safety benefits paid for by offenders rather than through public expenditure.
Subjects
Cameras; Finance; Fines; Speed limits; Operating costs
Date
15 November 2005
Reference
2103; 675 c141-2WA
House
House of Lords
What steps they will take to ensure that parking and bus lane fines issued to motorists with foreign-registered vehicles are paid.
What steps they will take to ensure that parking and bus lane fines issued to motorists with foreign-registered vehicles are paid.
Asked by
Lord Dykes
(Liberal Democrat)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
3 November 2005
When the police enforce parking or bus lane contraventions they issue a fixed penalty notice (FPN) for a criminal offence. When local authorities enforce those contraventions they issue a penalty charge notice (PCN) for a civil offence.At present, when a vehicle’s registered keeper does not pay a FPN or PCN the enforcement agency is normally dependent on the Driver and Vehicle Licensing Agency’s records to trace the relevant registered keeper. Currently, the DVLA does not have agreements with its counterparts in other countries to obtain keeper or owner details for foreign-registered vehicles. For penalty charges, a company called Euro Parking Collection plc has been established to recover on behalf of client authorities the parking penalty charges incurred by foreign-registered vehicles.
Subjects
Bus lanes; Enforcement; Fines; Foreign nationals; Parking offences; Road traffic offences
Date
3 November 2005
Reference
1912; 675 c44WA
House
House of Lords