ITEM CMDT5
CABINET MEMBER DECISIONS TRANSPORT – 14 FEBRUARY 2008
TRAFFIC MANAGEMENT ACT 2004 – REVISION OF PENALTY CHARGE LEVELS AND RELATED MATTERS
Report by Head of Transport
Introduction
1. The purpose of this report is to consider the changes required to the level of Penalty Charge Notices issued in the Oxford Special Parking Area (SPA) and other related matters due to the commencement of Part 6 of the Traffic Management Act 2004.
Background
2. Decriminalised Parking Enforcement (DPE) – where, under the provisions of the Road Traffic Act 1991, the Council (rather than the Police) undertakes most of the enforcement of parking – was introduced in the Oxford area in February 1997. The Order (The Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) Order 1996) covers the whole of Oxford City plus Botley and North Hinksey.
3. The Traffic Management Act 2004 (TMA) makes a number of changes to the way in which Councils enforce parking. The Regulations introducing these changes were published in December 2007, coming into force on 31st March 2008, and principally include:
(a) Decriminalised Parking Enforcement (DPE) will be changed to Civil Parking Enforcement (CPE). There will be the following associated changes: · Parking Attendants to be called Civil Enforcement Officers (CEOs) · Designated parking areas to be called Civil Enforcement Areas · Changes to stationery, tickets, etc
(b) The power to serve a Penalty Charge Notice (PCN) by post if a driver either drives away or if a driver prevents an officer serving a notice by way of making threats.
(c) The National Parking Adjudication Service (NPAS) will have the power to refer appeals back to the Chief Executive’s Office of the Local Authority if it is considered that suitable discretion was not exercised in considering a parking appeal.
(d) Parking penalties based on differential charge bands will be introduced in order to provide an enforcement regime appropriate to the contravention.
(e) The potential to enforce against double parking and parking across a driveway dropped kerb
Whilst many of the changes will take place without the need for any specific consideration by the Council, decisions are required on items (b), (d) and (e).
Penalty Charge Levels
4. The Government has decided that the current system of Penalty Charges does not comply with the wider aspirations of the TMA, on the basis that a driver who has gone 10 minutes over their ticket time in a Pay and Display bay should not be penalised the same amount as a person who has parked causing a danger or disruption to other road users on a loading ban, bend in the road, bus stop or disabled bay. Therefore the Regulations stipulate two tiers of charge (“higher level” and “lower level”) which are intended to better reflect the effect of the contravention on other road users. Annex 1 (download as .doc file) shows the contraventions applicable to the Oxford SPA and which of these will fall into each level, including those which are not currently in use.
5. The Regulations require enforcement authorities to choose one of two bands of penalty charge to be applied in its area – the table below sets out a summary of the main charges, full details are in Annex 2 (download as .doc file).
[The current arrangement whereby the charge is discounted by 50% if paid within 14 days will continue to apply whichever Band is chosen.]
6. In deciding which band is to be applied in the Oxford SPA a number of factors need to be considered. · The current charge has remained unchanged since DPE began 11 years ago despite a significant increase in costs due to additional staff being required to patrol the increased number of restrictions. Indeed overall the enforcement of on-street parking in Oxford is in deficit rather then being self-financing. · The equivalent penalty in car parks and Park & Ride sites run by Oxford City Council is £100 and most other local authorities already charge a higher level than £40 for PCNs. · The primary purpose of penalty charges is to encourage compliance with parking regulations
7. In light of the above it is recommended that Band 2 charges should be applied to the Oxford SPA.
8. These charges will not apply to bus lane enforcement which will remain at its current level of £60.
Other Matters
9. The Regulations provide authorities with the potential to enforce against parking across driveway dropped kerbs and also double parking. Whilst these opportunities are welcomed and would benefit many residents, current advice from NPAS is that any appeals to them from drivers regarding such enforcement are likely to be upheld as there are no approved signs or markings to indicate that such parking is prohibited. It is therefore proposed that these powers are not taken up at this time, but that the matter is kept under review and reported back to this meeting at the appropriate time.
10. The Regulations also provide authorities with the option of issuing PCNs for parking contraventions by post when it has not been possible for a CEO to affix the notice onto the vehicle. It is proposed that this opportunity is taken up once further national advice is given on procedural matters.
How the Project Supports LTP2 Objectives
11. These proposals are in line with the LTP objective of tackling congestion and safer roads.
Financial Implications (including Revenue)
12. It is difficult to predict the impact of these proposals as they are being brought in to defer offenders. There should be no ‘in year’ effect on the revenue budget however any effect will impact either positively or negatively on the parking account surplus. RECOMMENDATION
13. The Cabinet Member for Transport is RECOMMENDED to
(a) approve the revision of Penalty Charge Notice levels to Band 2 as set out in this report;
(b) agree not to adopt the powers to enforce against parking across driveway dropped kerbs and double parking but to keep this under review; and
(c) approve the use of the power to serve Penalty Charge Notices (PCNs) by post.
STEVE HOWELL Head of Transport Environment & Economy
Background papers: Nil
Contact Officer: David Tole, Tel 01865 815942
February 2008
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