Archived decisions
Hampshire County Council Executive Member - Environment: South Hampshire and Resource Management 28 June 2005 Proposed Decriminalisation of Parking Enforcement - Fareham Borough Council Report of the Director of Environment |
Item 4 |
Contact: Mandy Ware, ext 7818 email: [email protected]
1. Introduction
1.1 The 1991 Road Traffic Act enables the Highway Authority to apply for approval of Permitted Parking Areas (PPAs) and Special Parking Areas (SPAs). In PPAs, contraventions of Orders designating permitted on-street parking places (eg meter, residents' and disabled persons' bays) will no longer be criminal offences and will become subject to the new enforcement arrangements. In SPAs the same arrangements apply to all other non-endorsable parking offences (eg contraventions of Road Traffic Regulation Orders prohibiting or restricting waiting). In most cases the boundaries of PPAs and SPAs will be the same.
1.2 In Special and Permitted Parking Areas:
(i) the local authority can issue and charge for permits;
(ii) the local authority can enforce parking restrictions, including yellow line restrictions;
(iii) the local authority receives income from penalties;
(iv) the parking service should be self-financing; and
(v) parking enforcement is managed and prioritised by the local authority.
1.3 The legislation decriminalises parking offences, and all income from charges and penalty charges is accrued by the local authority to offset enforcement costs. Any surplus can be used to enhance the parking service. Under previous legislation, income from enforcement of yellow line offences went to the Exchequer and was not available for the Police to support the enforcement service.
2. Joint Working with District Councils
2.1 Several of the District and Borough Councils in Hampshire expressed interest in participating with the County Council to take up these powers and carry out enforcement of on-street restrictions in their areas. Arrangements were agreed with Winchester City Council, linked to the Winchester Movement and Access Plan proposals, to create an SPA/PPA to enforce all parking restrictions within the Winchester District area. These arrangements came into effect in 1996 and have proved successful in practice.
2.2 The Chief Constable supported the introduction of new powers in the Winchester area and, following the experience gained there since 1996, has no objection in principle to the extension of these arrangements to other districts in the county.
2.3 Since the introduction of DPE in the Winchester District, recommendations have been approved for the establishment of SPAs/PPAs in Hart District, Rushmoor Borough, Basingstoke and Deane Borough, Test Valley Borough, Eastleigh Borough and, most recently, Havant Borough. DPE is now successfully operating in all these areas.
2.4 Fareham Borough Council is now keen to proceed with the adoption of these powers under agreement with the County Council. A sum of £130,000 has been estimated to meet the capital set-up costs for the implementation of DPE in the Borough of Fareham. Additionally the Borough Council has made available a sum of £145,000 in the 2005/06 financial year to meet further set-up costs.
2.5 One of the main benefits of this proposal is that it should ensure that enforcement of on-street and off-street parking is carried out in the same way, to the same standards, by the same authority. The Department for Transport guidelines to local authorities therefore acknowledge that it will normally be sensible for enforcement to be undertaken by District Councils. However, since the traffic authority is the County Council, there needs to be formal agreement between the County and District Councils as to how the enforcement will be implemented. In Winchester, Hart, Rushmoor, Basingstoke and Deane, Test Valley, Eastleigh and Havant, separate agency arrangements were established to manage on-street parking enforcement, in addition to existing agency arrangements. This included appropriate financial provisions, establishing the aim of a self-financing operation with no revenue contribution by the County Council. Any surplus may be used for the improvement of local transport infrastructure with the approval of the County Council. It is proposed that similar arrangements be adopted in Fareham.
3. The Next Steps
3.1 The extension of decriminalised parking enforcement to Fareham will involve a great deal of preliminary work by both County and Borough Council officers in assessing costs, income, staff requirements, administrative arrangements, training, etc, and preparing the necessary agency agreement and application to the Department for Transport. These elements must all be in place by the time the new arrangements come into effect.
4. Conclusion
4.1 Following the successful operation of the enforcement arrangements in Winchester, Hart, Rushmoor, Basingstoke and Deane, Test Valley, Eastleigh and Havant, it is considered appropriate to continue preparations towards an application to the Secretary of State for an SPA and PPA in Fareham as part of the County Council's programme. A high standard of enforcement of parking controls can make a valuable contribution to achieving the objectives of the transport strategy.
Recommendations
1. That approval be given to the establishment of Permitted and Special Parking Areas in the Fareham Borough Council area under Section 43 and Schedule 3 of the Road Traffic Act 1991 and an appropriate Agreement with Fareham Borough Council for the management of on-street enforcement.
2. That approval be given be given to the £130,000 expenditure for capital set-up costs in the 2005/06 financial year for a decriminalised parking regime within Fareham Borough.
Section 100 D - Local Government Act 1972 - background papers | |
The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report. | |
NB the list excludes: | |
1. |
Published works. |
2. |
Documents which disclose exempt or confidential information as defined in the Act. |
TITLE |
LOCATION |
SPA/PPA Application Project File Correspondence file 19/4/13 |
Environment Department Traffic Management Group Sheridan House, Jewry Street, Winchester Office Services, Ashburton Court West |
351Rpt/MW