Department for Transport (National) Press Release:
Motorists to benefit from fairer parking enforcement
New powers to make parking enforcement more motorist-friendly and consistent are being introduced, Transport Minister Rosie Winterton announced today.
Regulations, laid in Parliament today, will give independent adjudicators more power, including the right to ask local authorities to scrap fines for motorists who have mitigating circumstances.
Further regulations, to be laid later this year, will introduce a number of improvements including lower penalties for less serious offences.
New guidance also requires local authorities use parking enforcement to improve road safety and cut congestion, not make money.
Rosie Winterton said:
"It is vital that we increase public confidence in parking enforcement by making it fairer. These new rules will make the system more transparent and consistent.
"There is a perception that motorists are often unfairly penalised by parking attendants who are only interested in issuing as many tickets as possible. We want to ensure the penalties they issue are fair and justified.
"At the same time it is important that motorists understand parking enforcement is crucial to ensuring traffic flows smoothly. Parking in the wrong place can and does cause traffic jams. It can also put other road users in danger."
The regulations will come into force next March to give local authorities time to prepare for the new system.
Notes for Editors
1. The regulations being laid in Parliament today have been introduced under the Traffic Management Act 2004.
2. For the purposes of this press release, 'fines' refers to Penalty Charge Notices (PCNs).
3. To improve consistency, for the first time local authorities outside London will be able to issue PCNs by post when camera evidence is available or when parking attendants are prevented from serving notices by violence or driving away. Authorities outside London will also be able to enforce dropped footways and double parking.
4. There will be more power for independent adjudicators. They will have the power to refer back to local authorities where a parking contravention has taken place but in mitigating circumstances. They can also consider cases where the authority has not followed correct procedures.
5. There will be an increased discount period for PCNs sent by post (21 days instead of 14 days).
6. There will be higher parking penalties for more serious contraventions and lower penalties for minor ones.
7. There will be quicker clamping and removal times for persistent evaders. Wheel clamping will otherwise be discouraged.
8. Statutory Guidance will be published which will make clear that the making and enforcing of parking regulations is done in a transparent, legal and comprehensive fashion. The emphasis is on information for road users. The guidance says that authorities shall publish their policies and reports; foster a more professional approach by providing training for everyone involved in parking enforcement; regularly review parking policies in consultation with stakeholders and communicate these policies effectively to the public. Authorities should make it clear performance and rewards/penalties should never be based on the number of PCNs, clampings or removals.
9. The Road Traffic Act 1991 began the system of Decriminalised Parking Enforcement (DPE). Under DPE parking offences are enforced by parking attendants employed by the relevant local authority rather than traffic wardens employed by police. This reflects the need for police to concentrate on core policing priorities.
10. Under the new proposals DPE becomes Civil Parking Enforcement (CPE). Parking Attendants become Civil Enforcement Officers (CEOs)
11. The Representation and Appeals Regulations laid today are affirmative regulations and therefore will be debated in Parliament. This will happen after the summer recess. Once they have been approved, they, and the other five statutory instruments that are subject to the negative Parliamentary procedure will be made and the Statutory Guidance will be published.
12. The draft regulations and draft Statutory Guidance will be sent to all local authorities and stakeholders once the affirmative regulations are laid.
13. The regulations will come into force on 31 March 2008 to give local authorities time to prepare for the new system.
14. The DfT will in early August consult on detailed Operational Guidance to local authorities.
15. The regulations and Statutory Guidance will only apply to local highway authorities in England. The Welsh Assembly Government is planning to lay similar regulations for Wales.
Public Enquiries: 020 7944 8300
Department for Transport Website: www.dft.gov.uk
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". To improve consistency, for the first time local authorities outside London will be able to issue PCNs by post when camera evidence is available or when parking attendants are prevented from serving notices by violence or driving away!"
I don't view that as an improvement. In fact many of the measures there represent yet another attack on motorists.
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Good point, OldHand. That will also require a change in the law.
HJ
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Old Hands point is significant, because unscrupulous wardens (apparently there are 1 or 2 out there!) could just sit behind a CCTV screen and ticket cars in traffic jams! Presumably proper photo evidence will be essential for this relaxation to be considered at all fair.
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yet another attack on motorists.
Strange, but as one who drives according to the Highway Code, I have never felt 'attacked' in any way whatsoever.
YMMV
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one who drives according to the Highway Code I have never felt 'attacked' in any way whatsoever.
The point is that this 'evidence' could well be used in an unfair manner. If you drive and have always driven 100% within the Highway Code then you are the only perfect individual I've ever heard of.
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The potential to use CCTV footage in an 'unfair manner' clearly has much wider implications - perhaps yet another 'attack' on civil liberties.
As to driving within the Highway Code - it's not that difficult, really!
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I don't believe anyone drives 100% within the provisions of the highway code at all times and anyone who claims they are is lying.
Certainly I make an effort to do so but to claim I always do would be untrue.
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Spent a couple of hours yesterday trying to make sense of what they are trumpeting:
tinyurl.com/3x2xq7
and very little wiser.
Would gather every thing on hold until the second appointed day 31.3.2008 (reg 4) ?
So we have RTA 88, RTA 91, Transport for London LA Act, Traffic Management Act 2004 etc and a sheaf of SI's to deal with de crim offences adminisetred by LA.
Why the 'L' couldn't we have one Act dealing with all so that we could understand and maybe comply. The hotchpotch means we do not understand so LAs will walk all over rights.
dvd
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