Moving traffic enforcement
(TMA Part 6)

Local authorities in England outside London will soon receive powers to enforce moving traffic regulations later this year. This means that local authority teams already enforcing parking and bus lanes will be able to ensure compliance with regulations covering yellow box junctions, banned turns and weight limits.

This will provide a number of environmental and safety benefits, including:

  • Improved pedestrian and cyclist safety, supporting modal shift to sustainable transport options
  • Significantly reduced network congestion
  • Improved journey times for public transport and emergency service vehicles
  • Improved air quality, reduction in transport related emissions contributing to carbon net zero targets
  • Increased safety and cleaner air around schools – camera enforced school streets schemes proven to have positive effect
  • Reallocation and saving of police time

Timescales

  • Councils to register their intention to apply by emailing the Department for Transport at [email protected].
  • To help plan the certification process, early engagement with the Vehicle Certification Agency is also encouraged by emailing [email protected].
  • First tranche of designation orders expected to be laid before parliament for approval by the end of March 2022.
  • First tranche of orders expected to be approved by the end of April 2022.
  • Enforcement expected to commence May/June 2022.

Our capabilities

We have created a toolkit that summarises the most recent information and sets out the support we can provide you with, whether you’re just interested in one part of the process, or the whole solution. Download our toolkit here.

If you have any questions, please contact your Account Manager or see below.

How we can help you

Scheme design, engagement and traffic orders

Our design and engineering consultancy, Project Centre, has vast experience across the country of engaging communities and delivering low traffic and cycling and walking schemes that benefit local people both in terms of safety and air quality, including Waltham Forest Council’s Mini Holland scheme.

We also undertake business cases, funding submissions, feasibility studies, impact assessments, Traffic Order writing and process management for such schemes.

Contact Ollie Miller for more information.

Traffic surveys

Surveys are likely to form a part of most new schemes and we are in a unique position of being able to offer two different types to suit our clients’ needs.

  1. Where clients need to capture detailed vehicle movement information for a particular scheme such as a banned turn or pedestrianised zone, we offer a smart sensor survey camera to capture information over the desired period (these can be installed on existing street furniture). The data produced will be pivotal in identifying and confirming which locations are causing issues across the road network and which would benefit from camera enforcement. We can provide indicative pricing within the survey report to inform the Council on costs to install approved enforcement devices alongside various finance options available to assist local authorities with the purchase.
  2. Where a local authority is already familiar with locations where non-compliance is known to cause concern on their network and want to progress a scheme, we can provide either an on-site or remote survey, undertaken by one of our experienced engineers, which will identify equipment requirements and save on the cost of the more detailed survey.

Contact Richard O’Malley or Stuart Scott for more information.

Camera enforcement

Videalert’s fixed and mobile enforcement camera solutions allow fully automated, unattended operations that deliver higher levels of efficiency at a lower cost than can be achieved with traditional, attended systems which require people to monitor each camera location and identify contraventions, including for neighbourhood traffic schemes and school streets. They eliminate the restricted working hours and shift patterns that limit the overall effectiveness of manually operated systems.

We offer a DfT manufacturer certified hosted solution which eliminates the need for local authorities to procure and deploy any equipment within their IT infrastructure or install software on local PCs for evidence pack review. Images of contraventions are transmitted to our hosted platform where evidence packs can be reviewed and validated with a simple three click process prior to sending to parking management systems for PCN progression.

Contact Richard O’Malley or Stuart Scott for more information.

Business processing queries

NSL’s Shared Service Centres currently support 24 local authorities with all back-office processing relating to moving traffic enforcement. Our expert advisers are fully trained in multiple review and PCN systems and can support with correspondence and review and process evidence packs daily or as a resilience service should an authority experience peaks in volumes or require absence cover at short notice, for example to help local authorities get through the ‘bow wave’ that results from new camera implementations.

Contact Shelley Key for more information.

Related article

Videalert enforcing neighbourhood traffic scheme for London Borough of Hammersmith & Fulham – Marston Holdings

 

Webinar Q&A

There is a commitment that the legislation is laid before parliament by the end of 2021. There is ministerial support for these changes to be implemented which can only hasten this process. Once the legislation changes are enacted, local authorities will have to apply for the designation order as described by the DfT, once the order has been granted, new schemes contained within the order can start to be introduced following the process laid out by the DfT.

The planned approach, which is yet to be confirmed, is to amalgamate parking, bus lane and moving traffic enforcement under the TMA and revoke section 144 powers, however this is still to be formally agreed by ministers.

Once your authority has applied and been successful in achieving their designation order, it will be the responsibility of the authority to ensure that signage, road markings and the relevant traffic orders, as with any new parking scheme, are compliant with prevailing regulations. Should a procedural error occur, risks that can emerge include reputational damage for the scheme and the authority, with a financial impact on loss of revenue, and resource time impacted in handling correspondence and the administration. The team at Project Centre is experienced in delivering for authorities across England, Wales and Scotland with engagement, consultation, design and build of moving traffic schemes. If you require support, do get in contact.

Yes. Any new moving traffic enforcement schemes not included in the initial designation order application will have to follow the prescribed check list as detailed by the DfT.  This includes the consultation with the public to notify intention and reasons for introducing new schemes.  Project Centre will be able to help you if you require consultation and engagement support. 

No, the relevant signs that are prescribed are for use on-street only.

Police forces will still retain the powers to enforce moving traffic contraventions; in effect they will become duel enforced. If a motorist is issued with a penalty notice for the same contravention (double jeopardy) by police and the local authority, police enforcement supersedes that of the authority.

Powers for Welsh authorities to enforce the breadth of moving traffic contraventions already exist. Videalert has held VCA approval for Welsh authorities since 2015. If you would like to discuss your enforcement needs, please contact us.

No. The DfT confirmed there are no changes planned at this time to re-introduce the option or authorities to enforce non-compliant parking using CCTV. Authorities can however use CCTV to enforce kerb restrictions where this is within a mandatory cycle lane. Videalert has deployed this capability in London using the existing unattended technology which mitigates the need for operators, reducing service costs. If you would like to explore this, do not hesitate to contact us.

Each newly introduced scheme will have its own set of outcomes due to the potential for variables between locations and contraventions. When implementing CCTV enforcement, reporting on changes in count of vehicle movements, clip volumes captured, accept and discard rates and the number of PCNs issued are all important considerations. Videalert and Marston can configure and provide solutions to support the effective monitoring of individual scheme outcomes over time. This data is important to demonstrate scheme design is achieving the expected outcomes and any deviation to this is an indicator for review. You can see some of the Videalert reporting capabilities illustrated within our Part 6 Toolkit.

Marston Holdings will absolutely endeavour to support a client’s individual needs and can work with you to offer a solution to help achieve your objectives. We will also support with option analysis alongside traffic survey reports to underpin the overall business case development to proceed with each moving traffic enforcement scheme.

Providing motorists with advance warning signs that a new scheme or set of restrictions are coming into force/has been implemented is not a mandatory requirement. However, supporting motorists to move compliantly is a key outcome of any scheme and this can be supported through the installation of suitable signage on the approach. This should not be considered consultation though, and the Department for Transport (DfT) advised that a consultation process should continue to be followed for all schemes.

This is still to be decided by transport ministers, however there is general understanding that ministers are in favour of a period of warning notices. Whether they will make this mandatory or build into guidance is still to be decided. The issuing of warning notices by post is common practice and should not pose difficulties for authorities or their system providers, but we recommend that configuration testing of this be planned for.

We can support you setting up a resilience service in as quickly as 10-14 days from a local authority’s request. This will depend on the authority’s needs and set up. Considerations such as IT access, local enforcement policies and anticipated volume of clips will all be assessed when preparing a proposal. We recommend engaging with us early if you anticipate this being a requirement so we can discuss your individual starting points and help use the time we have now to prepare.

Yes, it is. Videalert has deployed this capability in London for many years.  You can read a case study of a scheme we supported to successfully tackle rat running in Hammersmith and Fulham here: Videalert enforcing neighbourhood traffic scheme for London Borough of Hammersmith & Fulham - Marston Holdings.  Dependant on the area that is being considered for enforcement, existing controls and wider transport related strategic outcomes, there may be different options in terms of limiting and managing access and how to deploy approved devices. In our experience, early engagement is advisable for successful mobilisation where scheme design, system capabilities and management of exemptions is all understood at the outset. If there are specific sites you wish to discuss then please do get in contact.

We recommend that authorities thoughtfully consider exemptions to the movement of vehicles during school street hours of control, balanced against the reasons for the scheme itself. There are two ways exemptions generally occur. The first is where an exemption is approved prior to the event, often for a period, much like the effect of an electronic parking permit. Videalert’s approach to smart IoT puts exemption processing in the first instance at the ‘edge’ and we have an exemption management tool that facilitates this. We also support post event exemption management, with check points throughout the clip lifecycle to reduce and prevent onward processing. In our experience, supporting self-serve models for scheme users will reduce officer administration. We continually review feedback from our customers to make sure that we can give them the flexibility and interoperability with other systems where needed.  We recommend you engage with us to discuss your approach to managing exemptions as early in a scheme design as possible.

No, the CEO operating the vehicle does not need to be SIA licensed to enforce moving traffic contraventions from a mobile enforcement vehicle (MEV). We provide detailed training to users to ensure confident and ready to deploy effectively.

Videalert’s mobile enforcement solution is approved for moving traffic enforcement by the VCA, and the guidance applies in the same way to mobile enforcement vehicles as it does fixed devices. Mobile enforcement vehicles (MEV) can be used in different modes, however when deployed for unattended enforcement, it is strongly recommended that site specific locations for the vehicle to enforce from are suitable and safe, avoiding the potential for non-complaint parking. It is recognised that this is not always possible, and the authority can issue a dispensation to park or exemption within prevailing traffic orders for this. Videalert has a demonstration van that showcases our MEV capabilities, and we have worked with our clients to build a mobile enforcement bike (MEV-B). If you would like to arrange a demonstration, please contact us for more information.

The most effective way is to capture the vehicle entering the zone as it drives past the prescribed sign. This will provide the registered keeper with an evidence pack that clearly demonstrates non-compliance with the prevailing restriction.

The onus is on the authority to confirm a contravention occurred. Data available from the DVLA regarding vehicle weight will be used by Videalert to determine if the journey contravened the restrictions.  If the vehicle then has an exemption recorded in the system, the event will be discarded.  If the motorist believes there was mitigation or a procedural error, they can challenge the issuing of the Penalty Charge Notice with the local authority.

If the correct environmental weight limit sign (diagram 622.1a) is in place, then yes this can be enforced.

The Videalert unattended solution is designed to automate the enforcement of school keep clear controls and is operational throughout the hours of control, without the need for a human operator to monitor the camera. Deployment of this system is intended to encourage compliance and our experience following many deployments is that compliance increases quickly where motorists aren’t transient visitors to the location. The decision to introduce camera enforcement is often balanced by engagement with parents/carers by the school and council teams focused on healthy travel options. We believe that this solution represents best value for money as there in no requirement for CCTV operators to be resourced to capture contraventions.

Potentially, yes. When configuring the trigger area for effective unattended capture, vehicles stopped to give way may result in a clip created for evidence review. Sufficient video footage will be captured either side of the contravention and this will allow trained review operators to determine that no contravention occurred and discard the clip. We work closely with review teams to adapt trigger areas if we identify high volumes of discards, ensuring the most effective deployment for both cost and compliance.

Yes, the TPT has engaged and been consulted throughout the process. They have confirmed to the DfT that they will be ready to deal with any increase in case volumes that arise. The British Parking Association is also liaising with the TPT and Parking and Traffic Regulations Outside London Joint Committee (PATROL).

No, not currently. There are no prescribed signs or road markings and the DfT confirmed that although they cannot rule out any additions to the prescribed signs list, this does not form part of this process.

Currently there are no plans by the DfT to use powers under the Traffic Management Act 2004 to enforce these scenarios by approved device. Identification is required, which is determined through a physical stop in such instances.  Local authorities may be able to use camera technology to capture evidence for the issuing of fixed penalty notices in an area covered by a public space protection order (PSPO) and Videalert are working with clients to develop our Video Analytics engine to identify pedestrian, cyclists, and other modal types.     

Article 5 of the General Data Protection Regulations (GDPR) sets out key principles for the collection, retention and use of data. Total vehicle count, classification and changes over time are examples of data that can be collected from Videalert’s system, and we can work with you to understand the data you need and to seek approval by data protection teams.

It is widely recognised that incorporating exemptions for blue badge holders can support disabled motorists’ continued access when implementing motor vehicle controls, however blue badges are not linked to the vehicle registration mark and are only in effect when being used by the badge holder. Currently, there is no plan by the DfT to change this. Dependant on the scheme, there are some options such as pre-applying for access, positioning overview cameras that aim to capture the dashboard or managing clips approved for PCN issue at review after being passed to the PCN processing system. We would be happy to discuss individual scheme plans and provide advice based on our breadth of experience.

Transfer Up instruction form

This service allows you to apply for County Court Judgments to be transferred to the High Court for enforcement.

Writ of delivery instruction form

Our Enforcement Officers are well equipped and experienced in recovering all types of fixed assets whether it be a single car or fleet.

Money judgment enforcement form

We can enforce judgments obtained in the High Court and almost any judgment issued in the County Court.

Commercial forfeiture instruction form

Landlords may instruct us to take peaceful possession of their commercial property.

CRAR enforcement form

Instruct us to recover commercial rent arrears.

Trespasser removal enforcement form

We can handle the process quickly and resolutely. Our dedicated team will attend the scene on receipt of the warrant and effect eviction without delay.

Residential possession enforcement form

Instruct us for evicting residential tenants.

Process serving and tracing instruction form

We specialise in process serving throughout England and Wales. Court and legal documents are served on a same day-basis when required. We also undertake trace enquiries.

Employment Tribunal Enforcement Form

Instruct us to enforce employment tribunal awards. We can apply to the court to register the award as a Judgment.

European Enforcement Order Instruction Form

If you have a Judgment from a Country outside of the Jurisdiction of England and Wales but where the Debtor resides in England and Wales then we can assist you.

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