Maximum toll is legal
The Federal Office for Goods Transport (FOPH) in Germany is allowed to assume the least favourable emission class (EURO 0) when levying tolls on trucks with manipulated exhaust systems, unless the toll payer proves that the exhaust system functioned properly or that it was a different emission class.
This was the decision of the administrative court, which states that the burden of proof for the emission class basically lies with the toll-payer. The ruling therefore also applies to periods prior to the journey during which the manipulation first became apparent.
As long as use has taken place within the statutory assessment period of four years, the FOPH may determine the period in which a certain emission class is to be assumed, even retroactively. (ben)