Committee Report NSC

 

                                                     6.9

North Somerset Council

 

REPORT TO THE Planning and Economic Development Policy & Scrutiny Panel

 

Date of Meeting: 12 March 2007

 

Subject of Report: WORKING GROUP ON DECRIMINALISED PARKING ENFORCEMENT

 

Town or parish:

 

Officer/Member presenting: Councillor Ap Rees

 

Key Decision: no

 

 

RECOMMENDATIONS

 

1    The Panel discuss the report and suggested implications of Decriminalised Parking   Enforecement (DPE).

2    The Panel incorporate the timeframe of the DPE project into the future work plan.

 

1.                Summary of Report

 

This report outlines the progress made in applying to the Department for Transport (DfT) as well as the potential concerns that the working group have on specific aspects of parking enforcement.  There are clear areas of future policy development that SPED can add value to.

 

2.                Policy

 

The Council intends to take over responsibility, from the Police, for the enforcement of parking, waiting and loading restrictions throughout the NSC area.  It is probable that this change will take place in February 2008.  This will be through the ‘decriminalising’ of any offences for which parking tickets or penalty charge notices (PCNs) are issued where any infringements of the relevant traffic regulation orders (TROs) have been observed. 

 

This change of responsibility would be under the rules set out in the 1991 Road Traffic Act (RTA 1991), which requires approval from the Secretary of State, for traffic authorities to enforce:

 

·        Permitted Parking Areas (PPAs): where parking is permitted on-street – either free or charged for - or residents’ and disabled parking bays;

·        Special Parking Areas (SPAs): within which most other non-endorsable parking offences would be enforced. 

 

The DfT has made it clear that it encourages applications from local authorities to take on DPE powers that conform to the criteria it has set out in Local Authority Circular 1/95 – ‘Guidance on Decriminalised Parking Enforcement Outside London’ which forms the basis for the requirements under this project brief.

 

New regulations for the civil enforcement of parking and some moving traffic offences will be enabled when part 6 of the Traffic Management Act – 2004 comes into force.  At present a consultation exercise is being undertaken on the changes under the 2004 Act.  Under the 2004 Act, DPE will become CPE – civil parking enforcement and parking attendants (PAs) will become civil enforcement officers (CEOs).  However, for the time being, RTA 1991 and circular 1/95 are still the definitive documents for implementing DPE.

 

3.                Details

 

  3.1     Background

In March 2005, the Executive resolved that North Somerset Council should take on DPE powers.  In approving the Joint Local Transport Plan (JLTP), the Council has also committed to the implementation of DPE, as a crucial element of the Council’s transport policy in relation to traffic management.  Further, at its March 2005 meeting, the Executive confirmed that pay and display (P&D) parking should be implemented on-street in Weston-super-Mare town centre and that details would be reported to a future meeting once consultation had been carried out.

 

 

3.1   Comments on the draft report

Following the submission of the draft report there are still a number of areas of DPE where the council has discretion and an amount of flexibility; it is here that the working group can add most value, helping to steer policy formulation.  Consultation is also planned to help inform the decisions.  The working group discussed the following areas in relation to the draft proposal:

 

Ø      Administration

Currently two neighbouring authorities have expressed an interest in joint working on aspects of DPE scheme with North Somerset Council, Taunton and Bath.  There is also the option of operating a fully in-house administration.  The project team is working on a cost benefit analysis to explore the option which provides best value for money.  It is anticipated that there will not be a dramatic variation between the in-house running costs and those offered by other authorities.  Working group members identified the need for more information and research into how other authorities operate similar schemes. 

 

Ø      Pricing

The delicate balance of charges is still to be defined.  How much should the council charge in order to have a cost neutral scheme, yet still not put off potential residents from using Weston town centre?  The working group indicated that somewhere in the region of £0.20 for 20 minutes would be a reasonable, not detrimental charge.  Common practice is to charge a similar rate in off and on street sites. In response the question of current off street charges and how they compare to other resort rates:

 

 

Hourly rate £

Daily car £

North Somerset

1.00

3.00

Tenby

1.00

1.50

Lancaster

1.00

 

Bridgend

.80

3.00

West Norfolk

1.00

2.25

East Lindsey

.60

 

Mablethorpe

.80

4.00

 

 

Ø      Fines

These have not yet been set, although the draft application is in line with recommended guidance suggesting that a penalty charge is set at £60, with a reduction to £30 if paid within 14 days.  This would also maintain consistency with neighbouring authorities.  The working group were informed that about 60% of fines issued were recovered without having to resort to money recovering measures.

 

Any revenue from the enforcement of on street parking either in parking charges, or fines would be used to cover the costs of maintenance and parking attendant salaries.  The working group were clear that they were in favour of covering costs, but not making significant revenue.  It was made clear that North Somerset Council would be required to report annual accounts back to the Secretary of State.

 

Ø      Staffing

To a certain extent the more parking attendants that are employed, the more revenue is made.  It is envisaged that a number of about 16 will be employed; this will lead to approximately 6 attendants on at any time, taking account of shift work, holidays and sickness. 

The working group questioned whether other options could be explored for the staffing of parking attendant posts, for example, part time, out of usual working hours, voluntary attendants, and special constables.  The working group were informed that there is anticipated government guidance to tighten the codes of practice for parking attendants, but that other options could be investigated. 

 

Parking Attendant uniforms are also yet to be decided.  The above guidelines will recommend that parking attendants look suitability non-military.  The working group expressed the view that attire should look smart and identifiable but not intimidating.

 

 

3.2   Future opportunities for scrutiny:

One of the objectives of the working group meeting was to define how scrutiny could be involved in the future DPE process.  Drawing on the discussion in the working group meeting, there are three main areas for development, as outlined below:

 

·        Procurement

A report will be presented to the Working Group with findings from the in house / partnership / external supplier analysis regarding to cost, efficiency and effectiveness of goods and services

·        The operational practices and protocols of DPE

A report will be presented to the Working Group discussing the options for operational practices and protocols including staffing arrangements and responsibilities

·        CPZ / TRO options

Before the public consultation, Officers will present an options report with potential parking charges, waiting times, disabled driver spaces and discounts and TRO recommendations with the Working Group.

Once consultation is finished the Executive recommendation report will be discussed with the Working Group

 

 

 

 

Date

DPE Actions

SPED Involvement

Jan 07

Draft application submitted to DfT

Working group met 7th Feb as per this report, to receive an update on the plan, to feed comments back into the process and to identify opportunities to be involved

April 07

Procurement

Consider Officer report and make recommendations to Executive Member

May 07

TRO / CPZ Options

Consider Officer report and make recommendations to Executive Member.

Jun 07

Operational practices and protocols

Consider Officer report and make recommendations to Executive Member

Aug 07

TRO / CPZ Options

Consider Executive Report and make recommendations to Executive Member

 

4.                Consultation

 

Wide public consultation will take place between Jun – August, as is necessary for the DPE application. A communication plan was discussed with the Working Group, which agreed the importance of planned, managed and co-ordinated consultation and communication

 

5.                Financial Implications

 

The financial implications are not yet determined; although to be approved the scheme has to demonstrate that it will not operate at a loss. The Council has made a commitment that the scheme will be self sustaining and not a tool to generate income for other services

 

6.                Equality Implications

 

N/A

 

7.                Corporate Implications

 

N/A

 

8.                Options considered

 

N/A at this time

 

Author

 

Working group members:

Councillors Ap Rees, Web, Canniford and Clark

 

Contact Officer

Camilla Marlow

01275 884282

Camilla.marlow@n-somerset.gov.uk

 

 

Background Papers

 

Ø     Report to SPED 11 December 2006 Decriminalised Parking Enforcement Working Group Update

Ø     Minutes of the SPED Panel 11th December 2006

Ø     Draft Decriminalised Parking Enforcement Application for Designated Order for Special Parking Area & Permitted Parking Area January 2007*