ITEM CMDT3
CABINET MEMBER FOR TRANSPORT – 24 APRIL 2008
TRAFFIC MANAGEMENT ACT 2004 – PARKING ENFORCEMENT POLICIES AND PROTOCOLS
Report by Head of Transport
Introduction
1. The purpose of this report is to approve local policies and protocols relating to the enforcement of on-street parking in the Oxford Special Parking Area (SPA) due to the commencement of Part 6 of the Traffic Management Act 2004.
Background
2. 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 and came into force on 31 March 2008. The Government has subsequently published Statutory Guidance and Operational Guidance covering the detailed operation of Civil Parking Enforcement, which recommend the publication of parking enforcement policies and protocols to help the public understand the way in which such enforcement operates.
Parking Enforcement Policies and Protocols
3. Since the introduction of local authority enforcement of parking controls in Oxford and North Hinksey in 1997 a number of guidelines have developed for both the on-street staff in terms of observation periods prior to the issue of a Penalty Charge Notice (PCN) and for administrative staff in terms of mitigating circumstances to be considered when dealing with enquiries and representations concerning the issue of a PCN. These guidelines have now been reviewed in the light of experience, the principles set out in national guidance and legislation and good practice elsewhere. They are presented here for formal approval for the first time and will then be made available to the public through the County Council’s website and on request from the Parking Shop.
4. Annex 1 (download as .doc file) is the proposed enforcement protocol which will be used by civil enforcement officers to ensure fair, firm and consistent enforcement of restrictions. It sets down observation periods to be used for each type of restriction, recognising that, for example it is never acceptable for a vehicle not displaying a Blue Badge to park in a Disabled Parking bay, whilst it is acceptable to allow drivers a period of time to find change for a pay & display machine.
5. Annex 2 (download as .doc file) is the proposed guidance for dealing with parking enquiries and representations which will be used to ensure transparent and consistent dealing with those who have received a PCN but wish to contest it. The guidance allows for genuine mistakes to be forgiven, for example a disabled person displaying their blue badge incorrectly may have a PCN waived on one occasion, but deals robustly with those who deliberately flout parking restrictions, for example those who claim they did not see the signs.
Future Review
6. The documents at Annex 1 and Annex 2 will be included in a wider review of parking and traffic enforcement policy which it is intended will commence later this year. Such a review will be the subject of wide consultation.
How the Project Supports LTP2 Objectives
7. These proposals are in line with the LTP objective of tackling congestion and safer roads.
Financial Implications (including Revenue)
8. There are no financial implications arising from the proposals in this report.
RECOMMENDATION
9. The Cabinet Member for Transport is RECOMMENDED to approve the proposed enforcement protocol and proposed guidance for dealing with parking enquiries and representations attached to this report.
STEVE HOWELL Head of Transport Environment & Economy
Background papers: Nil
Contact Officer: David Tole, Tel 01865 815942
April 2008 |