SUMMARY/PURPOSE
1.
To
improve arrangements to deliver efficient and open Executive decision making in
relation to the regulation of traffic, parking and related traffic management
issues.
BACKGROUND
2.
Following
the decision of the Executive on 12 March 2003, the arrangements for dealing
with Traffic Regulation Orders is more flexible and responsive. According to the strategic and policy
significance, the degree of controversy and/or complexity, such orders can be
dealt with:
(i) By the Executive collectively (rarely appropriate as such orders are essentially operational, implementing previously agreed policy).
(ii) By the Executive Traffic Regulation Order Committee (generally working well, having met twice).
(iii) By the Portfolio Holder (yet to take a delegated decision in this area).
(iv) By officers (appropriate for more routine issues, implementing specific instructions from Members or dealing with urgent or temporary orders).
STRATEGIC CONTEXT
3.
Traffic
Regulation Orders are just one of a number of statutory powers which regulate
traffic on the highway and parking both on and off the highway. Common features of these powers are that
they are strict statutory regimes with clear requirements for public
consultation. They are also
complementary in terms of each being important elements in delivering the
Council’s strategic and policy objectives in the management of motor
vehicles. Key targets are set out in
the Local Transport Plan and in the delivering safe and crime free community
sections of the Community Strategy and the Corporate Plan.
4.
It
is suggested that all these powers should be exercised in a consistent way,
building on the useful pilot of Traffic Regulation Orders. There is also an opportunity to improve
further the operation of the Executive Committee, which may meet more often as
its workload increases.
CONSULTATION
5.
As
the issue under debate is purely an internal administrative one, no
consultation has been conducted beyond those responsible for taking the
decision.
FINANCIAL/BUDGET IMPLICATIONS
6.
The proposals do not in
themselves have any direct financial implications. They do of course apply to a
significant income earning part of the Council's budget.
LEGAL IMPLICATIONS
7.
The
functions under debate are executive functions under the Functions and
Responsibility Orders. It is a matter
for the Executive how it wishes to discharge them, with a view to achieving
efficient and accountable decision making – which will always be in accordance
with the statutory regime, ensuring decisions are taken following advertisement
and formal consultation.
8.
The
activities regulated are public, rather than private rights, principally the
right to pass and repass on the highway and to have access to Council’s-owned
land for the purposes of parking.
However, the human rights of some individuals (such as the owners of
property adjoining the highway) might, arguably, be affected in some
cases. Each decision will only be taken
on its merits and on consideration of the impact, if any, on individuals and
the collective well-being.
OPTIONS
9. (i) Retitle the Traffic Regulation Order Executive Committee as the Regulation of Traffic, Parking, Etc Executive Committee.
(ii) Establish the following terms of reference:
“To consider and determine all decisions referred by the Portfolio Holder, which arise under executive functions which relate to the regulation of traffic, parking and the management of traffic and motor vehicles.”
(iii) Confirm that the Portfolio Holder and the Head of Engineering
have delegated authority to consider and determine Executive functions relating
to the regulation of traffic, parking on and off the highway and the management
of traffic and motor vehicles.
(iv) Membership of the committee to be all members of the Executive
from time to time with a quorum of three, to be chaired by the Portfolio Holder
for Transport if present.
(v) Maintain the status quo.
(vi) Revert to all decisions being taken by the Executive.
EVALUATION/RISK MANAGEMENT
10.
Members
have previously been advised that the risk associated with dealing with traffic
regulation orders in this flexible and responsive way is low. This assessment applies equally to the
regulation of parking and other traffic management issues.
11.
Indeed,
it can be argued that to not establish such an explicitly flexible
decision-making regime is to miss the opportunity to use Executive governance
to its fullest advantage in ensuring the decisions are taken in a way
appropriate to their strategic and policy significance, degree of complexity
and controversy.
12.
Wherever
such decisions are taken, they are subject to overview and scrutiny by the
Select Committee.
13.
The
recommendation will establish a regime which discharges these relatively
unusual Executive functions in a way which balances the need for some to be
taken in a more open and public way, and in some cases delivers a more
efficient, less bureaucratic determination.
14.
Decisions
may, under the recommendation, be taken as follows (these being illustrative
examples only as the Portfolio Holder and Head of Engineering from time to time
may wish to use their delegated powers to an increasing extent):
(i) Executive determining issues of true strategic/policy significance (such as, say, an Island-wide parking order with substantial financial significance).
(ii) Executive Committee to determine traffic regulation or parking
orders which affect a number of electoral divisions or are particularly
controversial.
(iii) Portfolio Holder to determine more routine, local or less
controversial parking or traffic regulation orders.
(iv)
Head
of Engineering to determine more routine, local or less controversial parking
or traffic regulation orders, or orders which need to be adopted or amended on
an urgent or temporary basis.
|
RECOMMENDATIONS 15.
It is recommended that options (i), (ii), (iii) and (iv) set out in
paragraph 9 be adopted. |
BACKGROUND PAPERS
16.
Executive
Report and Minutes dated 12 March 2003.
Executive Traffic Regulation Committee papers
Local Transport Plan and
Community Strategy
Contact Point : Steve
Matthews, ( 823788, e-mail: [email protected]
John Lawson, ( 823216, e-mail: [email protected]
|
S MATTHEWS Head of Engineering Services |
S SMART Leader of the Council |
|
J LAWSON Head of Legal and Democratic
Services |
E FOX Portfolio Holder for
Transport |