Decision details

Proposed Decision:

(a)          Agree to the adoption and implementation of the policy on moving traffic enforcement; and

(b)          Delegate authority to the Corporate Director of Growth, Environment and Transport in consultation with the Cabinet Member for Highways & Transport ,to make revisions as appropriate to the policy and take relevant actions to implement the decision

Reason for the decision:

KCC has been designated the powers to enforce moving traffic contraventions (such as driving through a ‘no entry’ sign, or on routes meant for buses only) under civil law, as a last resort when all reasonable engineering steps have been taken to design out driver non-compliance.  Marston Holdings Limited have been selected as the best supplier to assist KCC in fulfilling responsibilities to enforce moving traffic on Kent’s roads, and a policy is needed to provide guidance on how KCC intend to apply the Traffic Management Act Part 6 legislation to the Kent highway network.

Background:

KCC was granted the Designation Order by parliament on 15th July 2022, to enforce moving traffic offences.  KCC are now legally able to enforce moving traffic contraventions.  The policy sets out the approach to be followed by authorised officers when making decisions in respect of KCC’s compliance and enforcement activities.

Options:

It is not a statutory requirement of the Designation Order that Local Authorities should have a policy in place for moving traffic enforcement.  However, officers have compiled the policy document in order to provide clarity and transparency on how KCC use these powers; ensure enforcement is consistent and proportionate to the contraventions involved; encourage an element of flexibility through technology and human input to ensure Penalty Charge Notices (PCNs) are not unfairly issued or pursued; set out clearly what is expected from the public in terms of compliance.

How the proposed decision supports Framing Kent’s Future 2022-2026:

The moving traffic enforcement policy supports the policy objectives of Infrastructure for Communities by ensuring people have access to safe and efficient travel options, and Environmental Step Change through turning the curve on transport emissions and supporting public transport provision.

As Cabinet Member for Highways and Transport, I agree to:

(i)             the adoption and implementation of the policy on moving traffic enforcement and

(ii)       delegate authority to the Corporate Director of Growth, Environment and Transport in consultation with the Cabinet Member for Highways & Transport, to make revisions as appropriate to the policy and take relevant actions to implement the decision.