Section 138 — Income Tax (Earnings and Pensions) Act 2003: Car with a CO 2 emissions figure: automatic car for a disabled employee

Car with a CO 2 emissions figure: automatic car for a disabled employee 138 1 This section applies where—

a a car with a CO 2 emissions figure has automatic transmission (“the automatic car”),

b at any time in the year when the automatic car is available to the employee (“E”), E holds a disabled person’s badge, and c by reason of E’s disability, E must, in the event of wanting to drive a car, drive a car which has automatic transmission.

2 If, under sections 135 to 137, the automatic car’s CO 2 emissions figure is more than it would have been if the automatic car had been an equivalent manual car, the CO 2 emissions figure for the automatic car is to be the CO 2 emissions figure for an equivalent manual car.

3 In subsection (2) “ an equivalent manual car ” means a car which—

a is first registered at or about the same time as the automatic car, and b does not have automatic transmission, but otherwise is the closest variant available of the make and model of the automatic car.

4 For the purposes of this section a car has automatic transmission if—

a the driver of the car is not provided with any means by which the driver may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or b the driver is provided with such means, but they do not include—

i a clutch pedal, or ii a lever which the driver may operate manually.

5 For the purposes of this section a car is available to an employee at a particular time if it is then made available, by reason of the employment and without any transfer of the property in it, to the employee.