Agenda item

12.1

The report seeks approval of an updates to the Civil Parking and Bus Lane Enforcement Policy to include moving traffic enforcement.

The decision to implement enforcement of these powers has already been taken by the Transport, Regeneration and Climate Policy Committee on 19 January 2023.

A signed designation order was received from the Department for Transport in June 2023. This enables Sheffield City Council to use civil enforcement powers to issue Penalty Charge Notices (PCNs) to vehicles contravening such restrictions.

The policy provides updated information and guidance on:

·       national regulations and government guidance;

·       the appeals process that motorists must follow to dispute a moving traffic PCN and a guide to our cancellation policies; and

·       enforcement of moving traffic contraventions

Initial sites to be enforced by ANPR cameras submitted to the Transport. Regeneration and Climate Committee are:

·       Queens Road/ Bramall Lane: Illegal turns, yellow box junction;

·       Glossop Road/ Upper Hanover Street: Illegal turns, yellow box junction; and

·       Hoyle Street: Yellow box junction.

The amended version is aimed at ensuring our policies:

·       are updated to include new enforcement powers;

·       reflect national regulations and guidance;

·       are transparent; and

·       are consistent.

12.2

RESOLVED UNANIMOUSLY: That the Waste and Street Scene Policy Committee:

1.     approves the updated Civil Parking, Moving Traffic and Bus Lane Enforcement Policy; and

2.     grants a delegation to the Executive Director, City Futures to make minor amendments to the table in the Moving Traffic Restrictions section in Appendix A of the policy, to reflect new or existing Traffic Regulation Orders.

12.3

Reasons for Decision

12.3.1

The Department for Transport sets out that civil enforcement policies should be consistent, fair and effective. The existing policies need updating to reflect current regulations and enforcement options available to the local authority.

12.3.2

It is recommended that Members approve the policy for the updated recommendations to be implemented in preparation for ANPR camera enforcement of moving traffic contraventions.

12.4

Alternatives Considered and Rejected

12.4.1

Leave the warning notice period for new bus gates at 1 month and enforce using the same contravention code as bus lanes.

12.4.2

The Council would need sufficient justification to depart from statutory guidance which anticipates that bus gates will become the subject of moving traffic enforcement (and the longer 6 month warning period). While choosing not to implement the proposals in this report would not be unlawful and would provide consistency and continuity with the Council’s existing practice in respect of bus gates, this is deemed not to be sufficient justification to depart from the statutory guidance. It could also raise additional concerns regarding how PCNs issued in respect of bus gates may be treated by the Traffic Penalty Tribunal upon appeal.

12.1

The Parking Services Manager and Policy and Improvement Officer presented a report that sought approval for updates to the Civil Parking and Bus Lane Enforcement Policy to include moving traffic enforcement. The decision to implement enforcement of these powers had already been taken by the Transport, Regeneration and Climate Policy Committee on 19 January 2023.

12.2

RESOLVED UNANIMOUSLY: That the Waste and Street Scene Policy Committee:

1.     approves the updated Civil Parking, Moving Traffic and Bus Lane Enforcement Policy; and

2.     grants a delegation to the Executive Director, City Futures to make minor amendments to the table in the Moving Traffic Restrictions section in Appendix A of the policy, to reflect new or existing Traffic Regulation Orders.

12.3

Reasons for Decision

12.3.1

The Department for Transport sets out that civil enforcement policies should be consistent, fair and effective. The existing policies need updating to reflect current regulations and enforcement options available to the local authority.

12.3.2

It is recommended that Members approve the policy for the updated recommendations to be implemented in preparation for ANPR camera enforcement of moving traffic contraventions.

12.4

Alternatives Considered and Rejected

12.4.1

Leave the warning notice period for new bus gates at 1 month and enforce using the same contravention code as bus lanes.

12.4.2

The Council would need sufficient justification to depart from statutory guidance which anticipates that bus gates will become the subject of moving traffic enforcement (and the longer 6 month warning period). While choosing not to implement the proposals in this report would not be unlawful and would provide consistency and continuity with the Council’s existing practice in respect of bus gates, this is deemed not to be sufficient justification to depart from the statutory guidance. It could also raise additional concerns regarding how PCNs issued in respect of bus gates may be treated by the Traffic Penalty Tribunal upon appeal.