Agenda item

Report from the Strategic Director of Regeneration and Environment.

Recommendations:

1. Subject to the current public consultation, that Cabinet authorises the Strategic Director for Regeneration & Environment, in consultation with the Cabinet Member for Transport and Environment, to submit the Council’s application to the Department for Transport for powers to enforce moving traffic offences under Part 6 of the Traffic Management Act (TMA) 2004.

Consideration was given to the report which outlined the requirements to undertake the enforcement of Moving Traffic Offences and sought approval to delegate the submission of the Council’s application for powers to the Strategic Director for Regeneration and Environment, in consultation with the Cabinet Member for Transport and Environment, following completion of the current public consultation.

The Government had committed to make Moving Traffic Enforcement Powers available to local authorities outside London, under Part 6 of the Traffic  Management Act 2004. This gave the Secretary of State regulatory powers to authorise individual Transport Authorities to undertake the civil enforcement of Moving Traffic Offences to reduce congestion and improve air quality, whilst promoting active travel by removing vehicles from areas such as cycle lanes and pedestrianised areas. The offences that these Powers covered were shown in Appendix 1 to the report. The Regulations were laid before Parliament on 27th January, 2022, and introduced on 31st May, 2022. In making these Powers available, the legislative opportunity had been taken to consolidate the existing civil enforcement regimes for parking restrictions, which the Council did carry out, and the civil enforcement of bus lane contraventions which it did not currently undertake.

The Council’s Parking Services would be required to develop and implement a new Parking and Moving Traffic Enforcement Policy that covered the Regulations introduced on 31st May, 2022. The updated Policy would need to consolidate the existing Civil Enforcement Policies and processes for parking restrictions and the civil enforcement of bus lane contraventions with the new restrictions introduced in the Moving Traffic Offences Legislation. This would need to include details of how the Council would charge the public for contraventions that are captured on camera and how the public can appeal these penalties.

A review and update of the Council’s existing GDPR Policy (which governed data protection) would also be required to support the introduction and use of camera enforcement throughout the Borough to deliver the new Parking and Moving Traffic Enforcement Policy.

The following 5 sites met the criteria as set by the Department for Transport for the Designation of Moving Traffic Enforcement Powers:

The enforcement of Moving Traffic Offences required the use of approved camera technology and software. This would be compatible with Parking Services current system; Parking 3Sixty from Imperial Civil Enforcement Solutions.

Currently the costs associated with the outlined tasks were unknown but other authorities had specified costs of between £15,000 and £25,000 and up to £700 per month to operate and maintain, with some sites and types of restrictions needing more than one camera for effective enforcement which would increase the cost of a site further. There were also additional costs associated with dealing with representations against Parking Charge Notices (PCNs) and adjudication.

Consultation began on 11th November, 2022, and would end on or soon after 23rd December, 2022.

Resolved:-

That, subject to the current public consultation, Cabinet authorises the Strategic Director for Regeneration & Environment, in consultation with the Cabinet Member for Transport and Environment, to submit the Council’s application to the Department for Transport for Powers to enforce Moving Traffic Offences under Part 6 of the Traffic Management Act (TMA) 2004.