PAPER F2

 

 Purpose : For Decision

 

                        REPORT TO THE CABINET

 

Date :              28 FEBRUARY 2006

 

Title :               DECRIMINALISING PARKING – POLICY COMMISSION BLUE PAPER

                       

REPORT OF THE CABINET MEMBER FOR SAFER COMMUNITIES

 

IMPLEMENTATION DATE : 10 March 2006

SUMMARY/PURPOSE

           

1.                  To receive the Blue Paper on the Decriminalising Parking enquiry from the Policy Commission for Safer Communities.

 

BACKGROUND

 

2.                  To deliver a policy on Decriminalised Parking Enforcement (DPE) was a manifesto commitment which the Policy Commission for Safer Communities was tasked with investigating.  The purpose of this enquiry was to enable the authority to apply to the Secretary of State to decriminalise parking on the Island in order to achieve the following outcomes:

 

·       Increased levels of safety on Island roads;

·       Improved traffic flows at congestion black spots;

·       To ensure that revenue from parking infringements remains in the local economy;

·       More efficient use of resources.

 

3.                  Under the provisions of the Road Traffic Act 1991 Local Authorities outside of London were permitted to apply to the Secretary of State for Transport to decriminalise the enforcement of certain parking offences in a designated area.

 

4.                  In excess of 140 Local Authorities outside of London have taken up DPE powers.

 

5.                  DPE powers allow local authorities to take over responsibility for enforcing parking contraventions from the police and to retain the funds received from penalties to fund their enforcement activities.

 

6.                  A number of local factors suggest that there is a need to improve parking enforcement on the Island:

 

·       projected growth in vehicles using Island roads;

·       the inability of the police to resource parking enforcement;

·       Local Transport Plan aspirations;

·       the Council’s duty under the Traffic Management Act to keep traffic moving.

STRATEGIC CONTEXT

 

7.                  Manifesto commitment.

 

8.                  Aim High

 

The Aim High Change Management Plan seeks to:

 

·       ‘Create Safer and Stronger Communities’ (paragraph 2.3.3).  Improved regulation of on-street parking will potentially increase the safety of pedestrians, assist in the identification and reporting of criminal activity, anti-social behaviour and public hazards, and in association with the Accredited Community Support Officer scheme enable officers to issue fixed penalty notices for anti-social activity. 

 

·       ‘To be a high performing, cost-effective Council’ (paragraph 2.4.1).  It is intended that DPE will be a self-sustaining scheme with surplus revenue being reinvested to improve services.

 

9.                  Local Transport Plan

 

The Local Transport Plan seeks to improve accessibility, reduce congestion, pollution and improve road safety and air quality.  The increased presence of on-street enforcement officers will potentially assist in the identification and reporting of vehicles that do not meet emissions and general road safety criteria as prescribed by the MOT testing process through the identification of untaxed vehicles (untaxed vehicles are generally also without MOT certification).  Increased numbers of on-street parking enforcement officers will ensure that yellow line contraventions are dealt with.  This will improve levels of road safety, help to reduce congestion caused by illegal parking and subsequently increase accessibility.          

 

 

CONSULTATION

 

10.              The Commission has consulted widely through formal and informal meetings, public advertisement, iwight.com and written correspondence with:

 

·       Town and Parish Councils,

·       Hampshire Constabulary,

·       Isle of Wight Councillors,

·       Isle of Wight Council officers,

·       the Safer Communities Partnership,

·       the local business Community,

·       Community Forums,

·       the Isle of Wight Rural Community Council,

·       the local community,

·       UNISON

·       RTA Associates 

 

 

 

FINANCIAL/BUDGET IMPLICATIONS

 

11.             The estimated cost for preliminary work is £330K.  No budget has yet been identified to fund DPE.

 

12.             According to the consultant, there could be an operating deficit in year 1 of up to £150K.

 

13.             It could take at least two years to become cost neutral.

 

LEGAL IMPLICATIONS

 

14.             It is important to note from the outset that once the above offences are decriminalised there is no provision within the Road Traffic Act 1991 to recriminalise.  Any application to the Secretary of State will be unable to be revoked without a change in the legislation or annulment by either House.

 

15.             The Police will continue to enforce endorseable offences such as obstruction but all other matters, including such tasks as yellow line enforcement, will be the responsibility of the Council.

 

OPTIONS

 

A.     To accept the recommendations set out in the Blue Paper and adopt them as the basis of policy development.

 

    1. That Cabinet identify the resources required to implement Decriminalised Parking Enforcement at the earliest opportunity;

 

    1. That Cabinet determine a timeframe for implementation to enable the Council to apply to The Secretary of State for Transport for a Designation Order;

 

    1. That Decriminalised Parking Enforcement is implemented as a fully in-house operation. 

 

B.     To refer the matter back to the Policy Commission for Safer Communities and request they carry out further work.

C.    To defer any decision on this matter to a future meeting.

D.    To do nothing.

 

EVALUATION/RISK MANAGEMENT

 

16.             This initiative cannot be progressed until a budget is identified to fund the set-up costs which include a comprehensive assessment of extant traffic regulation orders, road markings and signage.  Failure to undertake a robust assessment of traffic regulation orders, road markings and signage could result in unenforceable areas.  Also, failure to recognize and rectify such areas could result in the issuing of parking charge notices that would be open to successful challenge; potentially costing the Council a significant amount depending on the number of penalty change notices that had been issued prior to identification.     

 

RECOMMENDATIONS

 

17.             OPTION A - To accept the recommendations set out in the Blue Paper and adopt them as the basis of policy development.

 

 

BACKGROUND PAPERS

 

18.             Bibliography contained within the Blue Paper, p.15.

 

APPENDICES

 

19.             Policy Commission Blue Paper – Decriminalised Parking.

 

 

Contact Point :           Cllr Susan Scoccia, Lead Member for enquiry, Policy Commission for Safer Communities, Tel: 01983 821000 Email: [email protected] 

 

 

 

 

MR PETER TAYLOR

Traffic and Transportation Manager

 

COUNCILLOR BARRY ABRAHAM

Cabinet Member for Safer Communities