Agenda item

Traffic Management Act. Part 6 - Update


Tim Read (Head of Transportation) and Neil Edwards (Traffic Manager) were in attendance for this item.


1.    Mr Brazier introduced the report, confirmed that the purpose of Part 6 powers under the Traffic Management Act 2004 were to allow Councils outside of London to enforce moving traffic offences, noted that KCC had to apply for the powers and set out the requirements.


2.    Mr Edwards gave an update on the progress made in applying for the powers. He confirmed that KCC had submitted a statement of intent to the Department for Transport and that following approval, the Council would be required to undertake a 6 week public consultation on how the powers would be used. He added that a letter of endorsement had been received from Kent Police and that should the Council receive the powers, it would not impact Kent Police’s enforcement. Concerning irregularities, Mr Edwards noted that environmental weight limits could be enforced, whilst structural weight limits could not. He informed members that a meeting had been arranged with Cardiff Council, the only non-London authority with Part 6 powers, for 4 November. The fine issuable under the powers was confirmed at £70, reduced to £35 if paid within 14 days. In relation to the timeframe, he recognised that whilst the secondary legislation linked to the powers had been scheduled for early 2022, this was dependent on the parliamentary timetable.


3.    Members commended the powers and Mr Edwards’ work on the issue.


4.    Mr Rayner stated that the powers would reduce the impact of HGVs on rural communities and infrastructure.


5.    The chairman recognised the importance of the powers in improving residents’ quality of life and contribution towards achieving the objectives of the ‘get lorries out of lives’ campaign.


6.    Mr Love asked that the Cabinet Member monitor the use of the powers, if granted, in order to protect against an unnecessary increase in highway cameras.


7.    Ms Dawkins asked for further information on camera placement and the technology that would be used for enforcement purposes. Mr Edwards confirmed that the cameras used would be in accordance with the government approved specifications.


8.    Following a question from Mr Watkins, Mr Edwards confirmed that the Part 6 powers did not extent to speeding or vehicle width restrictions. 


9.    Mr Lewis asked for an indication of the overall cost to the Council. Mr Edwards reassured members that revenue linked to the use of the powers would be retained by the Council and recognised that there would be initial costs that would be budgeted.


10.Mr Hood asked whether the cost of enforcement would be fully covered by fine revenue and if parking on pavements could be enforced. Mr Edwards explained that he expected to receive a better indication of volume and trends following the meeting with Cardiff Council. Regarding pavement parking he confirmed that it was not a formal offence.


RESOLVED that the work undertaken to date by the officers and the Leader’s intention to submit an application to the Department for Transport that will grant KCC via a Designation Order the ability to enforce Traffic Contraventions of the Traffic Management Act 2004 be noted.

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