Proposed Decision:
(a) Agree to the adoption and implementation of the policy on moving traffic enforcement; and
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.
Decision type: Key
Decision status: Recommendations Approved
Notice of proposed decision first published: 27/02/2024
Decision due: Not before 27th Mar 2024 by Cabinet Member for Highways and Transport
Reason: To allow 28 day notice period required under Exeuctive Decision regulations
Lead member: Cabinet Member for Highways and Transport
Lead director: Simon Jones
Department: Growth, Environment & Transport
Contact: Chris Beck Email: christopher.beck@kent.gov.uk or 03000 413528 Email: christopher.beck@kent.gov.uk.
Consultees
The proposal will be considered by Members of the Environment and Transport Cabinet Committee at their meeting on 7th March 2024.
Financial implications: The Penalty Charge issued to drivers contravening the law will be limited by legislation to £70, or £35 if paid within 21 days of the Penalty Charge Notice being received by the registered owner of the vehicle. Any surplus (income from PCN, less direct cost of TMA enforcement, less overheads) arising from bus lane or moving traffic enforcement must be used in line with regulations (Section 31 The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022).
Legal implications: When compiling this policy, careful regard has been paid to the Statutory Guidance, “The Secretary of State’s Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions” (as stipulated by section 87 of the Traffic Management Act 2004). Future alterations or amendments to the policy are only likely if legislation is altered.
Equalities implications: Equalities implications: An EqIA has been undertaken and approved. No change is required. The evidence suggests that there is no potential for discrimination and all appropriate measures have been taken to advance equality and foster good relations between the protected groups. Data Protection implications: A DPIA is not required. No personal data will be collected, used or stored as a result of this policy document being published. Separate DPIA considerations are being undertaken for the actual implementation of the moving traffic enforcement project.