Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Baroness McIntosh of Pickering Excerpts

Monday 25th April 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, the regulations before the Committee today meet a commitment made by the Prime Minister in the 2020 policy statement Gear Change: A Bold Vision for Walking and Cycling to give local authorities outside London powers conferred in Part 6 of the Traffic Management Act 2004 to enforce contraventions of moving traffic restrictions. These powers are being commenced to coincide with these regulations, which are due to come into force on 31 May. The regulations before the Committee today form part of a package: an affirmative statutory instrument and a negative one. I shall refer to the former as the appeals regulations, and it is these are being considered by the Committee today.

The appeals regulations consolidate the rights of representation and appeal which have been in place England-wide since 2007 for vehicle owners who are or may be liable to pay penalty charge notices—PCNs—in respect of parking contraventions. They also extend those rights to disputed bus lane and moving traffic PCNs outside London. However, noble Lords should also note the negative procedure instrument: the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022. This instrument includes wider provisions for evidence, penalty charge notices, adjudication, penalty charge levels, and income and expenditure.

This regulatory package, introduced under Part 6 of the Traffic Management Act 2004, consolidates existing legislation. At the same time, it makes powers available to local authorities outside London to issue PCNs for contraventions of safety-critical moving traffic restrictions, such as no entry, banned turns and unlawful entry into box junctions. From now on, local authorities wanting to undertake moving traffic enforcement may apply for formal designation of these powers to enable enforcement to begin in practice by using CCTV cameras that have been certified by the Secretary of State. We plan to lay an order designating the first group of LAs as soon as practicable and will lay further orders as demand dictates.

When using these powers, local authorities have a duty to act fairly. These regulations therefore make provisions entitling drivers who are or may be liable to pay penalty charges for contravening certain traffic restrictions, including the moving traffic restrictions, to make representations to the enforcement authority and, if their case is rejected, to appeal to an independent adjudicator against the penalty charge. The regulations prescribe the information that must be given when a penalty charge is imposed about the right to make representations or appeal against that charge. The regulations also prescribe time limits for each stage of these processes, within which both the motorist and the local authority must respond, and create an offence of knowingly or recklessly making false representations under these regulations or in connection with an appeal.

I assure noble Lords that these regulations merely extend long-established provisions for motorists wishing to dispute parking penalties to the forthcoming civil enforcement regime for moving traffic contraventions. To create parity across the board outside London, we have also used this opportunity to repeal the bus lane enforcement regime, in place since 2005 under the Transport Act 2000, to create a single enforcement regime under the 2004 Act; that includes bus lane enforcement. It was always envisaged that this would happen soon after the 2004 Act was introduced.

By doing so, we have removed some of the inconsistencies in the legislation. Motorists challenging bus lane penalties will therefore benefit from representations and appeals provisions not previously available to them. These will apply to all contraventions. For example, they can challenge a penalty charge on the grounds of “procedural impropriety”. There will also be an express duty on local authorities to consider any “compelling reasons” that the motorist gives for the cancellation of the charge; express powers for adjudicators to refer cases back to the local authority where there are no grounds to allow the appeal but the adjudicator considers that the authority should reconsider whether the appellant should pay all or some of the penalty; and a requirement for the authority to respond to representations within 56 calendar days.

Bringing bus lane powers under the 2004 Act also has an allied benefit, in that it enables Ministers to publish for local authorities, for the first time, statutory guidance to cover all contraventions to which local authorities must have regard. This will simplify the system for the local authority so that it does not have lots of different types of enforcement considerations when it plans how to operationalise them.

However, I am clear that civil enforcement of moving traffic contraventions—or, indeed, of any traffic contraventions —should be a last resort. If contraventions are preventable through other means, such as improvements to road layout or traffic signing, I expect this to be done before enforcement is considered. We will issue statutory guidance to ensure that local authorities use these powers correctly.

Before enforcement can begin in practice, local authorities must apply to the department for an order by means of a letter to the Secretary of State. To ensure due diligence, designation of a local authority will be conditional on them having already consulted local residents and businesses on where existing restrictions have been earmarked for enforcement, and due consideration must have been given to any legitimate concerns.

Local authorities will also be expected to issue warning notices for first-time moving traffic contraventions at each camera location for six months following enforcement going live. This will apply to any new camera location in the future. These requirements will be enshrined in the statutory guidance to ensure that enforcement is targeted only at problem sites, that road users clearly understand the new powers and that enforcement is carried out fairly.

I stress that traffic enforcement must be aimed at increasing compliance and not raising revenue. Local authorities will not have a free hand in how any resulting surplus is used, which will be strictly ring-fenced for covering enforcement costs or specified local authority funded local transport schemes or environmental measures. Neither will local authorities have a free hand in setting penalty charge levels for moving traffic contraventions, as these are banded and set out in the regulations in line with existing penalties for higher-level parking contraventions. As moving traffic and bus lane contraventions are of a type, we are increasing bus lane penalties by £10 to align with contraventions of moving traffic and higher-level parking contraventions —for example, parking in a disabled bay.

These regulations support the enforcement of moving traffic contraventions and play a key role in reducing congestion, with consequent benefits to air quality and to well-being. I commend the regulations to the Committee.

[Baroness McIntosh of Pickering (Con)]

My Lords, I have just two brief points to make. I thank and congratulate my noble friend on bringing forward the regulations this afternoon. First, I understand that there was a delay and that the statutory instruments had to be withdrawn and re-laid. I would very much like to understand why that was the case and have an assurance that that will not happen with future SIs.

My second concern relates to the Secondary Legislation Scrutiny Committee’s 29th report, dated 10 February 2022. At paragraph 40 it says:

“To free up police officers’ time, these Regulations extend the range of offences that can be dealt with by civil enforcement officers acting on behalf of local authorities, or in some cases traffic cameras.”


I would like to understand from which budget the civil enforcement officers will be taking on this work. I am mindful of the extent to which local authorities’ budgets are under severe pressure at this time.

Who will be responsible for the traffic cameras? In north Yorkshire and County Durham we have very few fixed cameras; the traffic cameras are mostly mobile. When I was an MP in north Yorkshire, I was informed, on the quiet, that in many instances there is no film in static cameras in north Yorkshire—they are just there to alarm people, in the hope that their behaviour will be reformed because they see a traffic camera in front of them. Are we relying on mobile traffic cameras, which are still the province of the police, or are there some other traffic cameras of which I am not aware?

With those few remarks, I wish the SI good speed.

[Baroness Scott of Needham Market (LD)]

My Lords, on this side we very much support these measures; it would be odd if we did not, as my noble friend Lord Bradshaw has been arguing for this move for pretty much as long as I have been in the House, which is over 20 years now. Civil enforcement of moving traffic offences is, as he has argued, really important in improving the flow of traffic generally and particularly for buses. Bringing the rest of England in line with London is a welcome step. I also agree with the Government that we need better enforcement for safety reasons for cycle lanes, pedestrian crossings, and so on.