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   Keeping Traffic Moving and Cutting Disruption - New Powers Come into Force
* Parking set to become fairer, clearer and more open under new system introduced today
* Councils get more power to tackle delays and congestion caused by street works from tomorrow New powers to make parking enforcement more motorist-friendly and reduce disruption or delays when roads are dug up come into force from today as part of the Traffic Management Act, Transport Minister Rosie Winterton has announced. These new powers will ensure motorists in England benefit from a fairer and more transparent parking framework from today (31 March) while, from tomorrow (1 April), English councils will be able to use new measures to better co-ordinate street works, reducing disruption for all road users, residents and local businesses. Transport Minister Rosie Winterton said: " We want to make life better for motorists. Ongoing roadworks and unclear parking enforcement are among road users' biggest concerns. These new powers are designed to tackle both issues and are a key part of the Government’s strategy to tackle congestion and keep traffic moving. " Parking rules exist to help beat congestion and improve road safety, these regulations will help make parking enforcement fairer, clearer and more open. " Disruption from street works costs the economy about £4.9 billion each year- these strengthened powers will allow councils to better co-ordinate when work happens on their roads. We are tackling the frustration of roads being dug up time and time again and at the busiest times - reducing disruption for all road users, residents and local businesses." The new parking framework makes it clear that councils should not use parking enforcement as a tool for raising revenue or set targets for the number of tickets issued. Furthermore, councils are strongly advised to only use wheel-clamping against those who persistently evade their penalty charges. The framework encourages councils to tackle the parking behaviour that causes most disruption or danger to other road users – such as unauthorised parking in spaces for disabled people, at pedestrian crossings, or on yellow lines. Councils must issue lower penalties for other, less serious, parking offences. Details of how to appeal must be included on parking tickets. Independent parking adjudicators will also get more power, including the right to ask local authorities to reconsider penalty charges where motorists have mitigating circumstances. Under the new street works regulations councils will be able to insist that utility companies give longer notice periods before starting works - improving co-ordination and making it possible to prevent multiple works in different streets in the same area at the same time. Councils will also be able to impose conditions on works, such as a ban on rush hour working and will also be to operate a permit scheme - meaning that anyone wanting to dig up the road will have to apply for a permit that will set out specific durations for the work and conditions of how and when it is carried out. Different companies may even use the same trench when carrying out works. Councils will be able to penalise utility companies that break the conditions. 1. The parking regulations taking effect from today have been introduced under the Traffic Management Act (TMA) 2004. The Act requires local authorities, in implementing the new regulations, to have regard to the accompanying statutory guidance which is published at: www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/betterprkstatutoryguid.pdf 2. Separate non-statutory operational guidance has also been published at: www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/betterprkoperationalguid 3. Guidance on the Civil Traffic Enforcement - Certification of Approved Devices can be seen at www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/certapproveddevices.pdf 4. The New Roads and Street Works Act 1991 (NRSWA) sets out the regulatory regime for works in the street carried out by undertakers. This was amended by TMA. 5. The new parking framework also makes it clear that Local Authorities should: Publish and promote their parking enforcement policies, including penalty charge levels, openly and clearly. Regularly appraise their parking policies and consult drivers and businesses to ensure the system is working. Ensure that parking attendants have clear evidence that vehicle was parked in contravention before issuing a penalty charge notice. Make sure parking attendants and back office staff have the proper skills, training and resources to give the public a fair, consistent and professional service. Only use CCTV to enforce parking rules - which will be allowed for the first time outside London from today- where it is impractical or dangerous for a parking attendant to operate. 6. Further changes to the street works noticing system include: Local authorities' power to direct the time or days when work takes place has been extended to those works that have caused more disruption than anticipated. Councils will also be able to prevent non-emergency street works from taking place for up to five years in a particular street after major works. From May 2008, if utility companies commit an offence by breaking conditions relating to the notices of works, councils will be able to penalise them by giving a Fixed Penalty Notice (FPN) rather than go through the time consuming process of taking them to a magistrates' court. An FPN for a noticing offence is £120, reducing to £80 if paid within 29 days. 7. Permits: From tomorrow councils will be able to apply to the Secretary of State to operate a permit In the permit, a council can set time limits for the work and conditions when the work is carried out. Permits will have start and end dates between which works can be carried out. While permit schemes are optional, it is considered that councils taking up the schemes will experience a reduction in congestion, inconvenience and disruption on their road network because of better planning and management. Councils can charge fees for permits up to a maximum of £240 The fundamental objective of permit schemes is to create a common procedure that positively controls all works in the street carried out by both councils and utility companies. Councils will be able to deal with two permit offences by issuing FPNs. They are: Working without a permit (FPN of £500, discounted to £300 if paid within 29 days; working in breach of a permit (FPN of £250, discounted to £80) There is also the option of prosecuting offences through the courts. 8. Over-running works: Authorities already have the power to charge undertakers if their works take longer than planned. Charges currently range from £100 to £2,000 a day.
Separate non-statutory operational guidance has also been published click here Guidance on the Civil Traffic Enforcement - Certification of Approved Devices can be seen click here Due to problems with spam only SalfordOnline members can now leave comments. Becoming a member of SalfordOnline only takes a minute, just hit the red Join Us button at the top right hand side of the page to create your Personal account. Got a news story? Need help with publicity for an event in Salford? Send it to newsdesk@salfordonline.com or call the SalfordOnline newsdesk on 0161 789 5377. |
