Moving Traffic Enforcement Consultation

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This consultation has now closed

As part of the Government’s move to allow all Local Highway Authorities in England to apply for Moving Traffic Enforcement powers, Kingston upon Hull City Council (the Council) is starting its application process to meet the 25 October 2023 deadline to apply for these powers to the Department of Transport (DfT).

Background

From 31 May 2022, local highway authorities in England outside of London have been able to apply to the Secretary of State for new powers to enforce 'moving traffic offences'. Moving traffic offences include -

  • entering yellow box junctions when the exit is not clear
  • driving through a 'No Entry' sign
  • turning left or right when instructed not to do so
  • driving where and when motor vehicles are prohibited
  • driving on routes that are for buses and taxis only
  • going the wrong way in a one-way street
  • driving in mandatory cycle lanes

Currently enforcement of moving traffic offences can only be carried out by the police under criminal law and a penalty notice issued. However, the Department for Transport (DfT) announced in 2020 that they would be fully implementing the remaining elements of the Traffic Management Act 2004 - Part 6 Civil enforcement of traffic contraventions. This allows local highway authorities, in this case Kingston upon Hull City Council, to undertake enforcement, as the offences have been decriminalised and can be treated as civil contraventions. Local highway authorities will be able to issue Penalty Charge Notices (PCN), more commonly known as fines, to motorists. This is in addition to any enforcement carried out by Humberside Police.

Kingston upon Hull City Council will be looking to apply for the new powers to expand the work the Council already does to improve road safety, tackle congestion, Shorten bus journeys and encourage more active travel such as cycling and walking. Kingston upon Hull City Council do however, want to hear your views on whether you agree or disagree with Kingston upon Hull City Council using the new powers to enforce the box junctions stated below on Ferensway.

How do Kingston upon Hull City Council plan to use the enforcement powers?

At first, the Council plans to use the powers to enforce against illegal entry into yellow boxes at the route into the interchange from Brook Street, over Ferensway, into Margret Moxon Way.

When would the new powers start?

The start date is dependent on the legislation and the parliamentary timeline. It is estimated that the enforcement powers will come into effect in 2024. When the Council are able to take over responsibility of enforcement, the Council would widely publicise any implementation, and warning notices will be issued for first time offences for a period of six months, following the implementation date.

What will be the procedure for enforcement?

The Council will use Automatic Number Plate Recognition (ANPR) technology to identify drivers that breach restrictions, and a Penalty Charge Notice (PCN) will be issued via post to the 'Registered Keeper' of the vehicle (in the same way bus lane cameras currently operate across the country, and within Hull).

When a PCN is issued, there will be details on how a challenge can be made. As with parking PCNs, this must be in writing and within the timescales set out on the PCN. For the first six months of operation warning notices will be sent for first time offences.

The following link details sets out the policy framework for bus lane and moving traffic enforcement, including how to approach, carry out and review enforcement. Traffic Management Act 2004: statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions - GOV.UK (www.gov.uk)

Latest Update

Thank you to everyone who has taken part in this consultation so far.

The public survey is now closed.

331 people gave their view via the public survey.

View the results of the public survey

These results and an accompanying report, including recommendations, will be presented to Hull City Council Cabinet in late September, where a decision will be made.

As part of the Government’s move to allow all Local Highway Authorities in England to apply for Moving Traffic Enforcement powers, Kingston upon Hull City Council (the Council) is starting its application process to meet the 25 October 2023 deadline to apply for these powers to the Department of Transport (DfT).

Background

From 31 May 2022, local highway authorities in England outside of London have been able to apply to the Secretary of State for new powers to enforce 'moving traffic offences'. Moving traffic offences include -

  • entering yellow box junctions when the exit is not clear
  • driving through a 'No Entry' sign
  • turning left or right when instructed not to do so
  • driving where and when motor vehicles are prohibited
  • driving on routes that are for buses and taxis only
  • going the wrong way in a one-way street
  • driving in mandatory cycle lanes

Currently enforcement of moving traffic offences can only be carried out by the police under criminal law and a penalty notice issued. However, the Department for Transport (DfT) announced in 2020 that they would be fully implementing the remaining elements of the Traffic Management Act 2004 - Part 6 Civil enforcement of traffic contraventions. This allows local highway authorities, in this case Kingston upon Hull City Council, to undertake enforcement, as the offences have been decriminalised and can be treated as civil contraventions. Local highway authorities will be able to issue Penalty Charge Notices (PCN), more commonly known as fines, to motorists. This is in addition to any enforcement carried out by Humberside Police.

Kingston upon Hull City Council will be looking to apply for the new powers to expand the work the Council already does to improve road safety, tackle congestion, Shorten bus journeys and encourage more active travel such as cycling and walking. Kingston upon Hull City Council do however, want to hear your views on whether you agree or disagree with Kingston upon Hull City Council using the new powers to enforce the box junctions stated below on Ferensway.

How do Kingston upon Hull City Council plan to use the enforcement powers?

At first, the Council plans to use the powers to enforce against illegal entry into yellow boxes at the route into the interchange from Brook Street, over Ferensway, into Margret Moxon Way.

When would the new powers start?

The start date is dependent on the legislation and the parliamentary timeline. It is estimated that the enforcement powers will come into effect in 2024. When the Council are able to take over responsibility of enforcement, the Council would widely publicise any implementation, and warning notices will be issued for first time offences for a period of six months, following the implementation date.

What will be the procedure for enforcement?

The Council will use Automatic Number Plate Recognition (ANPR) technology to identify drivers that breach restrictions, and a Penalty Charge Notice (PCN) will be issued via post to the 'Registered Keeper' of the vehicle (in the same way bus lane cameras currently operate across the country, and within Hull).

When a PCN is issued, there will be details on how a challenge can be made. As with parking PCNs, this must be in writing and within the timescales set out on the PCN. For the first six months of operation warning notices will be sent for first time offences.

The following link details sets out the policy framework for bus lane and moving traffic enforcement, including how to approach, carry out and review enforcement. Traffic Management Act 2004: statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions - GOV.UK (www.gov.uk)

Latest Update

Thank you to everyone who has taken part in this consultation so far.

The public survey is now closed.

331 people gave their view via the public survey.

View the results of the public survey

These results and an accompanying report, including recommendations, will be presented to Hull City Council Cabinet in late September, where a decision will be made.