DfT blocks council enforcement of moving traffic contraventions

English local authorities outside London will not be given the powers to enforce moving traffic contraventions such as banned turns, and boxed junction infringements, transport minister Norman Baker has revealed.

Baker broke the news in a letter to Peter Box, chair of the Local Government Association’s economy and transport programme board.

London boroughs and Transport for London already have the powers to enforce moving traffic contraventions. The powers to allow authorities outside the capital to conduct the enforcement are contained in part 6 of the Traffic Management Act 2004. Last year the Department consulted on laying the regulations to enact this part of the legislation.

But, reflecting on the outcome of the consultation, Baker told Box: “It is my view that the demand for these powers from local politicians in the sorts of authorities I would expect to be among the first to use these powers is far from overwhelming.

“I have therefore concluded that there can be no case for devoting scarce resources to this matter at the moment. I am sorry to send what I expect will be a disappointing letter.”

The DfT’s consultation generated responses from 13 highway authorities – Birmingham, Brighton and Hove, Bristol, Leeds, Liverpool, Manchester, Newcastle, Nottingham, Plymouth, Reading, Salford, Sheffield, and Southampton. All but one supported the powers being introduced and most said they would use them. Birmingham said they would “greatly assist in carrying out the Network Management Duty”; Nottingham said it would be “enthusiastic to use these new powers”; and Reading  said the powers were needed “as soon as possible”. 

The Local Government Technical Advisers Group (TAG) this week expressed surprise and disappointment at the DfT’s decision. “Local authorities need these powers to deliver the obligations of the Traffic Management Act and it’s important for movement in our big cities,” a spokesman told LTT. 

He said the DfT’s consultation had been “half-hearted”. TAG says only 20 authorities were consulted.

Media coverage of the powers in London has frequently focused on the high number of penalty charge notices issued, particularly for yellow box junction infringements.

AA president Edmund King this week welcomed the DfT’s decision, describing it as a “commonsense approach”. “There’s no doubt in London some of these moving traffic offences have caused controversy,” he said.

The House of Commons transport committee’s recent report on traffic management said: “We can see no reason why Part 6 of the Traffic Management Act 2004 should not be fully commenced to enable local authorities to deal more effectively with moving traffic contraventions and we recommend that the Government bring this part of the Act into force, by 2013.”

Note:
The print edition of this story contains an error, referring to "driving in bus lanes" as one of the contraventions that local authorities outside London cannot currently enforce. This is incorrect because the enforcement of driving in bus lanes is covered by separate legislation. We apologise for the confusion caused.