WIREDGOV

Motorists to benefit from fairer parking enforcement

DEPARTMENT FOR TRANSPORT News Release (089) issued by The Government News Network on 24 July 2007

New powers to make parking enforcement more motorist-friendly and consistent are being introduced, Transport Minister Rosie Winterton announced today.

Regulations, laid in Parliament today, will give independent adjudicators more power, including the right to ask local authorities to scrap fines for motorists who have mitigating circumstances.

Further regulations, to be laid later this year, will introduce a number of improvements including lower penalties for less serious offences.

New guidance also requires local authorities use parking enforcement to improve road safety and cut congestion, not make money.

Rosie Winterton said:

"It is vital that we increase public confidence in parking enforcement by making it fairer. These new rules will make the system more transparent and consistent.

"There is a perception that motorists are often unfairly penalised by parking attendants who are only interested in issuing as many tickets as possible. We want to ensure the penalties they issue are fair and justified.

"At the same time it is important that motorists understand parking enforcement is crucial to ensuring traffic flows smoothly. Parking in the wrong place can and does cause traffic jams. It can also put other road users in danger."

The regulations will come into force next March to give local authorities time to prepare for the new system.

Notes for Editors

1. The regulations being laid in Parliament today have been introduced under the Traffic Management Act 2004.

2. For the purposes of this press release, 'fines' refers to Penalty Charge Notices (PCNs).

3. To improve consistency, for the first time local authorities outside London will be able to issue PCNs by post when camera evidence is available or when parking attendants are prevented from serving notices by violence or driving away. Authorities outside London will also be able to enforce dropped footways and double parking.

4. There will be more power for independent adjudicators. They will have the power to refer back to local authorities where a parking contravention has taken place but in mitigating circumstances. They can also consider cases where the authority has not followed correct procedures.

5. There will be an increased discount period for PCNs sent by post (21 days instead of 14 days).

6. There will be higher parking penalties for more serious contraventions and lower penalties for minor ones.

7. There will be quicker clamping and removal times for persistent evaders. Wheel clamping will otherwise be discouraged.

8. Statutory Guidance will be published which will make clear that the making and enforcing of parking regulations is done in a transparent, legal and comprehensive fashion. The emphasis is on information for road users. The guidance says that authorities shall publish their policies and reports; foster a more professional approach by providing training for everyone involved in parking enforcement; regularly review parking policies in consultation with stakeholders and communicate these policies effectively to the public. Authorities should make it clear performance and rewards/penalties should never be based on the number of PCNs, clampings or removals.

9. The Road Traffic Act 1991 began the system of Decriminalised Parking Enforcement (DPE). Under DPE parking offences are enforced by parking attendants employed by the relevant local authority rather than traffic wardens employed by police. This reflects the need for police to concentrate on core policing priorities.

10. Under the new proposals DPE becomes Civil Parking Enforcement (CPE). Parking Attendants become Civil Enforcement Officers (CEOs)

11. The Representation and Appeals Regulations laid today are affirmative regulations and therefore will be debated in Parliament. This will happen after the summer recess. Once they have been approved, they, and the other five statutory instruments that are subject to the negative Parliamentary procedure will be made and the Statutory Guidance will be published.

12. The draft regulations and draft Statutory Guidance will be sent to all local authorities and stakeholders once the affirmative regulations are laid.

13. The regulations will come into force on 31 March 2008 to give local authorities time to prepare for the new system.

14. The DfT will in early August consult on detailed Operational Guidance to local authorities.

15. The regulations and Statutory Guidance will only apply to local highway authorities in England. The Welsh Assembly Government is planning to lay similar regulations for Wales.

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Department for Transport Website: http://www.dft.gov.uk