Implementation of the Traffic Management Act 2004 Part 6 - Civil Parking Enforcement

 

 

27th February 2008

 

Implementation Of Traffic Management Act – Part 6 -

Civil Parking Enforcement

 

1.0            Purpose Of Report

 

1.1             To inform Cabinet of the practical implications of the implementation of Part 6 of the Traffic Management Act 2004 and the preparatory work which is required in order to achieve successful implementation.

 

1.2             To seek approval for implementation of the Higher and Lower Level of Penalty Charges in accordance with the provisions of the Traffic Management Act.

 

1.3             To seek approval for the harmonisation of enforcement policies across the four South Yorkshire authorities.

 

1.4              To seek approval for the enforcement of parking contraventions using CCTV (approved devices).

 

2.0             Background

 

2.1            Existing Decriminalised Parking Enforcement is carried out under the Road Traffic Act 1991 and this will be superceded by Part 6 of the Traffic Management Act 2004 which is due to be implemented on 31 March 2008.  The main thrust of this part of the Act is to ensure that enforcement of parking and some moving traffic restrictions is carried out in a fair, consistent and transparent manner.  It also aims to ensure that the public can understand the restrictions in place and the appeals procedure relating to Penalty Charge Notices issued for contravention of the restrictions. 

 

2.2       With the help of stakeholders and a working group of experts, the Government has reviewed the existing system of Decriminalised Parking Enforcement to identify how it could be improved through the issue of regulations, statutory guidance and operational guidance.  There was wide consultation during 2006 regarding the guidance, with local authorities, motoring groups and Association of Chief Police Officers (ACPO).  The Department for Transport has now issued statutory and operational guidance as to how Civil Parking Enforcement should be carried out.  The proposals contained within this report are principally derived from these Department for Transport guidance documents.

 

2.3       The changes brought about by the implementation of the Traffic Management Act 2004, Part 6 align with the corporate priorities in respect of road safety and tackling traffic congestion.  These changes should enhance the Council’s ability to take action against illegally parked vehicles whilst at the same time providing clearer information for motorists in respect of traffic and parking restrictions.

 

3.0       Key Changes

 

The main changes brought about by this part of the Act are as follows: -

 

3.1            Differential Penalty Charges 

 

            Where vehicles or certain classes of vehicles are parked in locations where they are not permitted to park (e.g. parking on a “No Waiting” restriction, parked in a disabled bay without displaying a disabled badge, parked in a loading space without loading) they will be subject to the High Level Penalty Charge.  Other contraventions such as parking in a pay & display bay without displaying a valid ticket will be subject to the Lower Level Penalty Charge. 

 

3.2       The current level of Penalty Charge for all contraventions is £60.  Without any change, this would mean that under the new arrangements, the Higher Level would be £60 and the Lower Level would be £40.  The Act provides the option of changing this to a charge of £70 for the more serious offences and £50 for the other categories. As at present, prompt payment within 14 days of the date of issue, would reduce the respective charge by 50% to £35 and £25 respectively.  .

 

3.3       This means that the Penalty Charge for less serious contraventions will be reduced whereas the Penalty Charge for more serious contraventions will be increased.  In general, it is anticipated that the responsible, law abiding motorist will welcome these changes.

 

3.4            Adopting the new Higher and Lower Level Penalty Charges more significant offences such as parking on a “No Waiting” restriction, parking in a disabled bay without displaying a disabled badge etc will receive a more severe penalty whilst offences such as parking in a pay & display bay without a valid ticket will incur the lower level charge

 

3.5       The other three neighbouring authorities in South Yorkshire will be adopting the £70 / £50 Penalty Charge Levels.

 

3.6            Additional Contraventions

 

The following additional contraventions are added to those for which penalty Charge Notices may be issued: - 

 

·        Stopped on a pedestrian crossing or crossing area marked by zigzags

·        Parked in a special enforcement area more than 50cm from the edge of the carriageway and not within a designated parking place

·        Parked in a special enforcement area adjacent to a dropped footway

·        Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway

 

3.7            However, there is currently disagreement between the Department for Transport and the National Parking Adjudication Service with regard to the necessity for signs to denote the footway and dropped kerb contraventions.  It is therefore intended to await further guidance once the issue has been resolved, before enforcing these contraventions.  Approval in principle is sought to enforce these contraventions when the issue described above is resolved.

 

3.8       Issue of Penalty Charge Notices by Post

 

Local authorities will be able to issue Penalty Charge Notices by post in 3 circumstances, as follows: -

 

·        Where the contravention has been detected by means of an approved device (CCTV)

·        Where the Parking Attendant has been prevented from issuing the Penalty Charge notice to the vehicle or to the driver, due to threatening behaviour by the driver

·        Where the Parking Attendant commenced issuing the PCN but has been prevented from issuing the Penalty Charge Notice to the vehicle or to the driver, because the vehicle was driven away.

 

3.9            Enforcement by means of CCTV (Approved Device)

 

Local authorities will be able to issue Penalty Charge Notices using evidence from an approved device (i.e. CCTV camera).

 

3.10            Parking Attendants - Change of Title

 

Parking Attendants will be known as Civil Enforcement Officers.

 

3.11            Training of Parking Attendants and Processing Staff

 

The Department for Transport guidance states that all the staff involved in enforcement should be trained to the highest possible standards, to ensure that enforcement is carried out in a fair, consistent and transparent manner.  There should be a clear separation between operational staff involved in the issue of Penalty Charge Notices and other staff who deal with challenges, representations and appeals against such Notices.

 

3.12            Maximum timescales for response to informal challenges & formal representations

 

The Department for Transport guidance sets out maximum timescales for response to both informal challenges and formal representations.  For informal challenges, the Secretary of State considers that authorities should respond within 14 days of receipt.  For formal representations the response must be issued within 56 days and the Secretary of State considers that all decision notices should be served within 21 days.

 

3.13            Referral of cases back to Chief Executive by Parking Adjudicator

 

In cases where the vehicle owner (or hirer) has appealed to the National Parking Adjudication Service, and the Adjudicator considers that the local authority should have used its discretion to cancel the PCN, the case may be referred back to the authority for re-consideration.  The case must then be referred to the Chief Executive for the circumstances of the representations to be re-considered.  The authority must then either accept the recommendation for cancellation, or respond to the adjudicator within 35 days, stating its reason for opposing the adjudicator’s recommendations.

 

4.0            Communication

 

4.1            Publicity required to notify the public regarding additional powers, changes to PCN levels and enforcement policies

 

The Department for Transport guidance requires local authorities to publicise the changes as a result of the implementation of Part 6 of the Act.  It also requires authorities to formulate and publish policies relating to its enforcement and how challenges, representations and appeals will be dealt with.

 

4.2       Annual Report

 

From the end of the 2008/09 financial year, the Act requires local authorities to publish an annual report giving details of the number PCNs issued and various other statistics relating to its performance.

 

5.0            Proposals

 

In the light of the need for consistency with the other South Yorkshire authorities, it is proposed that this authority also adopts the £70 / £50 charge levels with effect from 31 March 2008.  A 50% reduction will still apply where the charge is paid within 14 days of the date of issue of a Penalty Charge Notice (21 days for a contravention detected by CCTV). 

 

5.1       It is proposed to agree and implement an enforcement policy, which is consistent across the four South Yorkshire authorities.  This policy will set out how operational enforcement will be carried out (e.g. observation times for various contraventions and vehicle types), and how informal challenges, representations and appeals will be dealt with. The principle of consistent policies across adjoining authorities is recognised as good practice by the Department for Transport, The British Parking Association and the National Parking Adjudication Service.

 

5.2       It is proposed to implement the powers to issue Penalty Charge Notices for contraventions detected by CCTV evidence.  There are already some CCTV cameras in place, which will be suitable for collecting evidence of parking contraventions, although additional equipment may be required at certain locations.  In the longer term, it may be appropriate to consider the use of a vehicle, fitted out with CCTV equipment, so that enforcement capabilities are more flexible in terms of location.

 

5.3       A joint publicity campaign with the other South Yorkshire authorities to notify the public of these changes will be carried out.  The campaign will include newspaper articles / advertising, updated website pages, leaflets for distribution at Council outlets, and possibly advertising in other media.

6.0            Financial Implications

 

6.1       The proposals contained within this report can be implemented within existing budgets.

 

7.0       Equal Opportunity And Environmental Implications

 

7.1       The continued effective enforcement of parking and some moving traffic contraventions will assist in the control of traffic congestion, which will benefit the local environment.  Parking in a designated disabled bay without displaying a disabled badge will be subject to the High Level Penalty Charge.  This change should further discourage misuse of these facilities and help to ensure that only those who are authorised to do so use parking facilities for disabled badge holders.

 

8.0            Recommendations

 

Cabinet is recommended to:

 

i)                Approve the proposed harmonisation of Penalty Charge levels across the 4 South Yorkshire authorities.  The Higher Level of charge will be £70 and the Lower Level will be £50.

 

ii)              Approve the proposed harmonisation of enforcement policy across the 4 South Yorkshire local authorities and delegate authority to the Executive Director of Development, Environment and Leisure to approve any amendments to the draft enforcement policy as a result of negotiations between the South Yorkshire authorities.

 

iii)            Approve the proposed enforcement of parking contraventions using CCTV (approved devices).
          

iv)            Approval in principle is sought to enforce the additional contraventions outlined in 3.6 when the issue over signing is resolved between the Department for Transport and the National Parking Adjudication Service.

 

 

 

D Curtis

Director of Development Services

Development, Environment and Leisure