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.
Public Enquiries: 020 7944 8300
Department for Transport
Website: http://www.dft.gov.uk