Clean Air Zone Exemption Terms and Conditions

Clean Air Zone exemptions: General Terms and Conditions

 

These terms and conditions apply to the Birmingham Clean Air Zone (CAZ).  By registering for exemption from Clean Air Zone (CAZ) charging, you agree to accept the following terms and conditions.

Glossary of terms

In these terms and conditions, the following words and phrases in bold will have the meanings shown next to them.

Account Holder - means the person in whose name in which the account is created, and who agrees to these terms and conditions and is referred to in this document as “You”. You will be responsible for any account issue resolution.

Account User - a person who has been nominated by You (or an authorised representative), to act as an authorised representative, and has access to, and the ability to manage the account on your behalf.

Charging Day - for the CAZ - means every day of the year, 24 hours a day.

Charge - means CAZ Charge as payable under the Birmingham Clean Air Zone Charging Order 2019.

Clean Air Zone (CAZ) - means the area shown shaded yellow on the Clean Air Zone Plan, the boundaries of which are defined in the map at the end of this document.

Clean Air Zone Commercial Vehicle - means a vehicle owned by a Qualified Business and either kept at or operating out of a qualifying business premises for use of the Qualified Business.

Clean Air Zone Commercial Vehicle with a Finance Agreement - means a vehicle that the owner had entered in to a contractual lease agreement before 10th September 2018 and that has one or more payments pursuant to that commercial lease due on or after the commencement of the CAZ.

Clean Air Zone Exemption – means an exemption granted to an individual or organisation from CAZ charging.

Clean Air Zone Resident - means an individual who lives within the CAZ and owns a qualifying, non-compliant vehicle as set out in Section 6 below.

Community Transport Vehicle – means a vehicle that is used to provide transport on a ‘not for profit’ basis and registered as Section 19 or 22.

Clean Air Zone Worker - means an individual travelling into the CAZ, in a qualifying non-compliant vehicle, for work purposes earning less than £30,000 per year as set out in Section 5 below.

Customer -the person or organisation we grant a CAZ charging exemption to.

Exemption – means exemption from charges as detailed in the Birmingham Clean Air Zone Charging Order 2019.

Clean Air Zone Exemptions Account – means the account used to apply for a CAZ Exemption

Penalty Charge Notice - a charge made under a Charging Scheme imposed by the Birmingham Clean Air Zone Charging Order 2019.

Qualified Business - means a company or sole trader that the Council is satisfied, by the production of such evidence as it may reasonably require, occupies qualifying business premises.

We, Us, Our - means Birmingham City Council.

You, Your - means the person who agrees to these terms and conditions.

 

1.0 General

1.1 The full agreement
These terms and conditions, together with the information in our Brum Breathes website  make up the agreement (“Agreement”) between you and us in relation to your CAZ Exemptions Account. You agree to these terms and conditions by clicking the 'I accept' button when you register online. 

1.2 Excluding the rights of anyone else
The CAZ Exemptions Account and the rights and responsibilities under these terms and conditions are for your and our benefit only and are not intended to benefit anyone else or be enforceable by anyone else. Both parties (Birmingham City Council and You) can enforce the rights under these terms and conditions without the need for any permission from anyone else.
No person other than You or Birmingham City Council (BCC) shall have rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions.

1.3 Changes to these terms and conditions
We may change terms and conditions to how this scheme is administered and will let You know beforehand if we make any significant changes. We will not contact You about other changes to the terms and conditions that We do not feel are significant.

1.4 If We fail to enforce a condition
If We fail to enforce any of our rights under this agreement, it does not mean We will not have the right to enforce them in the future.

1.5 Security
We will not be legally responsible for any loss or damage You may suffer as a result of You disclosing your account access information to anyone else not duly authorised to receive it.

1.6 Confidentiality
Both parties (You and BCC) agree that neither of Us will pass on any confidential information to anyone else unless we have a right or are obliged to do so by law or if we both agree.

1.7 Your responsibilities

1.7.1 You are responsible for:

  • Providing us with the correct and accurate information We request in order to assess Your eligibility to be exempt from the CAZ charges and notifying Us of any changes to that information
  • Reading and acting on all emails, letters, text and mobile app messages We send You regarding your CAZ Exemption
  • Making sure that You set Your mailbox settings for emails, including spam filters, so that You can receive emails from Us
  • Making sure that You register the correct contact details with Us and notify Us promptly if those contact details change

You agree that We are not responsible if You fail to read and act on any messages, we have sent You.

1.7.2 You agree to receive communications related to this agreement from Us electronically.

1.7.3 You agree not to send Us any material that is illegal, offensive, abusive, defamatory, menacing, or which would breach copyright, trademark, confidence, privacy or any other right. This also includes material which may contain software viruses, political campaigning, advertising for business, chain letters, mass mailings or 'spam'.

1.8 Notices                                                                                                             

1.8.1 Any notice We give under this Agreement may be sent to the address You have provided and may include items sent via post, email, or any other electronic transmission.

1.8.2 A notice We send to You will be deemed to be served in accordance with the following:

  • Delivered by hand, at the time of delivery
  • Posted, the ordinary course of posting by first or second-class post
  • Sent by email, if the email or other electronic transmission is sent on a business day before 16:30, on that day; or in any other case, on the next business day after the day it was sent

1.8.3 English will be the language for all communications between Us and You.

1.8.4 All notices will include the unique reference number You receive when You create your CAZ Exemption Account.

1.8.5 We have the right to end Your entitlement to a CAZ Exemption if any of the following occur:

  • You no longer meet the exemption eligibility requirements e.g. if You no longer meet the eligibility requirements as set out in the relevant exemption terms and conditions (as set out below)
  • We have reasonable grounds to believe that You are no longer eligible for a CAZ Exemption (e.g. You are benefitting from an exemption to which You are no longer entitled as set out in the terms and conditions that You have agreed to). In these circumstances, We will write to You with the reasons for our decision

1.8.6 You acknowledge that You cannot transfer your CAZ Exemption to another vehicle without informing Us via Your CAZ Exemption Account.

1.8.7 If You cease to be eligible for the CAZ Exemption or if You change your vehicle, You must notify Us immediately via Your CAZ Exemption Account.

2. Checking information

2.0 At any time after We receive Your application for a CAZ Exemption (including after We have notified You that Your application is accepted) We will ask You for proof of eligibility for the exemption and/or any other information about Your vehicle being registered.

2.1 We will send You an email requesting the information which You must provide by the date stated in that email.

2.2 If as a result of checks of the information provided by You, We decide that Your registered vehicle is not or has ceased to be eligible, then We will reject Your application or remove your CAZ Exemption and notify You accordingly.

2.3 Applying for the CAZ Exemption does not automatically mean Your vehicle is exempt.  Only once Your exemption is confirmed by Us via email will Your vehicle be exempt. Until that point, You will be liable to pay CAZ charges.

3. Data protection

3.1 In line with our General Data Protection Regulations (GDPR) policy We will only request information that We require in order to process Your exemption application.

3.2 The information You provide to Us will be stored for a period of up to 5 years and then deleted.

3.3  For more information on how We will process Your data and Your rights, please visit the main Birmingham City Council GDPR page: https://www.birmingham.gov.uk/info/20154/foi_and_data_protection/384/privacy_statement

4.  Exemption application support

4.1 Eligibility for each category of CAZ Exemption are listed on the following pages.  If You do not meet the eligibility criteria, a CAZ Exemption will not be granted and You will be required to pay CAZ charges should You enter the CAZ in a non-compliant vehicle.

4.2 If You wish to make a complaint about Your exemption application then please visit the below link and follow Birmingham City Council’s complaints procedure: https://www.birmingham.gov.uk/info/50172/comments_compliments_and_complaints

 

5.  CAZ Workers Exemption Terms and Conditions

5.1 These terms and conditions apply to the CAZ workers exemption only and should be read in conjunction with the General Terms and Conditions above.

5.2 In order to be eligible for the CAZ workers exemption You must be able to prove that You meet the following criteria: 

  • Be employed within the CAZ for a minimum of 21 hours per week  
  • Live outside of the CAZ 
  • Earn less than £30,000 in the tax year ending April 2019 

 

5.3 In order to prove Your eligibility for the CAZ workers exemption, You will need to provide one of each of the following categories of proof:

Proof of work address:

  • A letter from Your employer on company headed paper stating Your working hours and place of work

Proof of earnings:

  • Your most recent P60
  • A payslip from the last three months
  • If self-employed Your most recent tax return

Proof that You are the registered keeper of a non-compliant vehicle:

  •  V5C certificate

 

5.4 You will not be eligible for the exemption if Your vehicle is a taxi or private hire vehicle.  than

 

6. CAZ Residents Exemption Terms and Conditions

6.1 These terms and conditions apply to the CAZ residents’ exemption only and should be read in conjunction with the General Terms and Conditions above.

6.2 In order to be eligible for the CAZ Residents Exemption, You must be able to prove You meet the following criteria: 

  • Live within the CAZ

6.3 In order to prove Your eligibility for the CAZ Residents Exemption, You will need to provide proof of the following:

Vehicle document: You will need to provide an image or copy of one document from the list below: 

  • Your own private vehicle: Your V5C vehicle registration certificate (logbook). (The vehicle must also be registered with the DVLA in Your name and at the address You are using to apply for the residents' exemption) 
  • Company car: A company car authorisation letter - this must be on company headed paper, state Your full name, the number plate (Vehicle Registration Mark) and confirm that the vehicle is for Your use only. (The vehicle must be registered in the company’s name with the DVLA) 
  • Lease vehicle: Vehicle lease document - this is the document that You signed to lease the vehicle. (The vehicle must be registered in the lease company’s name with the DVLA) 
  • A company car provided by a lease company: Your company's vehicle lease document. (This is the document that You signed to lease the vehicle) 

AND 

  • A company car authorisation letter: This must be issued by Your employer on company headed paper, state Your full name, the number plate (Vehicle Registration Mark) of the company car and confirm that the vehicle is for Your use only. (The vehicle must be registered in your employer’s or the lease company’s name with the DVLA) 

AND 

  • Proof of address – one of the following is required:
    • A council tax bill (valid for the current year)
    • A current utility bill, e.g. a gas, electric or water bill (no more than three months old, mobile phone bills are not accepted)
    • A bank or credit card statement (no more than three months old)
    • A formal tenancy agreement or housing association rent document (dated within the last twelve months)
    • Your driving licence (must contain the address You are using to register for the resident’s exemption)

 

6.4  You will not be eligible for the exemption if your vehicle is a commercial vehicle, taxi or private hire vehicle.

6.5 All documents must be clear enough to read easily.  If we can not read the documents,

We may ask You for more proof. This will delay the process.

 

7. Commercial CAZ Vehicles Exemption Terms and Conditions

7.1 These terms and conditions apply to the Commercial CAZ Vehicles Exemption only and should be read in conjunction with the General Terms and Conditions above.

7.2 Each Qualifying Business will be able to submit a maximum of two vehicles to be exempt within this exemption category.

7.3 A vehicle is a qualifying commercial CAZ vehicle if it is one of the Qualified Businesses two cleanest non-compliant CAZ vehicles.

7.4 For the purposes of section 7.3 above, a vehicle will be considered cleaner than another vehicle if its date of first registration is more recent than the other vehicle.

7.5 In order to prove Your eligibility for the CAZ Commercial Vehicle Exemption, You will need to provide proof of the following:

Vehicle documents: You will need to provide an image or copy of both of the documents from the list below: 

 

  • Your V5C vehicle registration certificate (logbook). (The vehicle must also be registered with the DVLA in the businesses name and within the CAZ)

and 

  • Details of Your entire fleet

 

Business details

  • Registered name and address on company letterhead paper
  • Companies House registration or VAT registration number

 

Or in the case of a sole trader, one of the following:

  • Tax return
  • Business insurance
  • Liability insurance
  • Membership certification from the Federation of Small Business (FSB)
  • Business bank account statement
  • A letter from an accountant or solicitor confirming sole trader status (dated in the last 3 months)

7.6 All documents must be clear enough to read easily. If We can not read the documents, We may ask You for more proof. This will delay the process.

8. Commercial CAZ Vehicles subject to finance agreements Exemption Terms and Conditions

8.1 These terms and conditions apply to the commercial vehicles procured under a commercial finance agreement and should be read in conjunction with the General Terms and Conditions above.

8.2 In order to prove Your eligibility for the CAZ commercial vehicle exemption, You will need to provide proof of the following:

Vehicle documents 

           You will need to provide an image or copy of: 

  • Leasing or finance agreement for each proposed exempt vehicle
  • Proof that the vehicle is kept regularly overnight in the Clean Air Zone for the primary purpose of carrying on a business in the Clean Air Zone.

 

Business details

  • Registered name and address on company letterhead paper
  • Companies House registration or VAT registration number

 

Or in the case of a sole trader, one of the following:

  • Tax return
  • Business insurance
  • Liability insurance
  • Membership certification from the Federation of Small Business (FSB)
  • Business bank account statement
  • A letter from an/your accountant or solicitor confirming sole trader status (dated in the last 3 months)

8.3 All documents must be clear enough to read easily. If We can not read the documents, We may ask You for more proof. This will delay the process.

9. Visitors to specified medical facilities Terms and Conditions

9.1 These terms and conditions apply to the visitor to hospitals or health centre exemptions only and should be read in conjunction with the General Terms and Conditions.

9.2 Visitors to the hospital and medical centres listed below, driving a non-compliant vehicle will be exempt from CAZ charges for 1 year from the commencement date of the CAZ: 

  • Birmingham Children’s Hospital
  • Badger Medical Centre
  • Bath Row Medical Practice

9.3 Visitors to these facilities will be issued with a security coded voucher by hospital/medical centre staff. This voucher code will need to be redeemed online within 7 days to avoid being issued with a Penalty Charge Notice (PCN). 

9.4 Vehicles will only be entitled to a voucher if either:  

  • transporting a patient to or from a specified health facility

 

  • visiting an inpatient in a specified hospital  

10. Community Transport Vehicles Exemption Terms and Conditions

10.1 These terms and conditions apply to community transport exemptions only and should be read in conjunction with the General Terms and Conditions.

10.2 Community and school transport vehicles will be exempt from CAZ charges for all years.

10.3 To be eligible for this exemption, the vehicle must be registered as Section 19 or 22 for operation in Birmingham and not registered as a Hackney Carriage or Private Hire Vehicle. 

10.4 In order to prove your eligibility for the CAZ community vehicle exemption, You will need to provide proof of the following:

Vehicle documents

You will need to provide an image or copy of: 

  • V5C document for each eligible non-compliant vehicle

 

Proof of community vehicle status

You will need to provide one of the following:

  • Section 19 documentation (permit)
  • Section 22 documentation (permit)

11. Specialist Vehicles Terms and Conditions

11.1 This category includes the following sub-categories:

  • Emergency Vehicles
  • Police
  • Fire engines
  • Ambulance and health service
  • Mine rescue
  • Lifeboat

11.2 Non-compliant emergency vehicles will be exempt for an initial period of 1 year.

11.3 The following vehicles can also apply for an exemption:

  • Mobile cranes and pumps
  • Road rollers, works trucks and digging machines
  • Agricultural machines and mowing machines
  • Snowploughs and gritting vehicles
  • Steam vehicles
  • Recovery vehicles

11.4 The vehicles listed in 11.3 above can apply for a permanent exemption.

11.5 The vehicles referred to in 11.3 above will be entered on to the exemptions register by a different process and not via our exemption application portal.

12. Disabled Vehicles Terms and Conditions         

12.1 Vehicles with disabled vehicle status as defined in Paragraphs 19 or 20 of the 1994 Transport Act will have a permanent exemption from CAZ charging.

12.2  There will be no application process for this category of exemption as they will be identified by their DVLA vehicle status.

12.3  It is important to note that possession of a ‘Blue Badge’ does not exempt the vehicle from CAZ charging. The vehicle must have disabled vehicle status as defined in 12.1 above.

13. Historic vehicles

13.1 Vehicles with historic vehicle status as defined in the 1994 Transport Act will be permanently exempt from CAZ charges.

13.2 There will be no application process for this category of exemption as they will be identified by their DVLA vehicle status.

14.  Military Vehicles

14.1 Vehicles with military vehicle status as defined in the 1994 Transport Act will be permanently exempt from CAZ charges.

14.2 There will be no application process for this category of exemption as they will be identified by their DVLA vehicle status.