Agenda and decisions

Salford City Council - Record of Decision

I, Councillor Mike McCusker, Lead Member for Planning, Transport & Sustainable Development, in exercise of the powers contained within the Council Constitution, do hereby:

Having considered the results of the consultation into Part 6 Enforcement Powers, approve the submission of the application to the Department for Transport to apply for the powers at the initial sites previously agreed.

The Reasons are:

Powers to enforce Moving Traffic Offences currently rest with Greater Manchester Police.  Last year the Government consulted on de-criminalising these powers and passing them to Local Authorities to enforce, similar to the situation with parking offences 20 years ago.

Last year the City Council expressed an interest in seeing these powers transferred from GMP to the Council and the Government has now begun the legal process of making this happen. Proposals were laid before Parliament at the end of January and further guidance has been made available from the Department for Transport.

Councils across England are being ‘invited’ to apply for the Moving Traffic Offence powers. One of the requirements prior to submission is to undertake a six-week consultation.

The report details the results of the consultation and seeks approval to continue with the submission to the Department for Transport.

Options considered and rejected were:

The only alternative option would be not to take up the powers and leave enforcement of moving traffic offences entirely with Greater Manchester Police.

Assessment of Risk:

There is a risk that the City Council will apply and take on these powers, GMP will remove themselves from enforcing these restrictions and there is an increased demand on the City Council’s resources to deal with these new powers effectively. Notwithstanding, there is the view that GMP currently do little in the way of enforcing traffic restrictions as it is given such a low priority so by taking on these powers it will at least provide a consistent level of enforcement across the authority in line with our Network Management priorities.

The source of funding is: N/A

Legal Advice obtained: Supplied by: Azra Furheen

Under Part 8 of the Traffic Management Act 2004 local authorities with existing civil parking enforcement powers may be granted moving traffic enforcement powers. The area covered by a moving traffic Designation Order may only be within, or co-extensive with, the geographic area already designated as a civil enforcement area for parking contraventions.

If a decision is made to implement these proposals, it should not give rise to any legal implications as the Council only seeks approval  for designation of the moving traffic enforcement powers within the existing civil enforcement area.

The surplus income from any penalty charge payments received from bus lane or any moving traffic enforcement must only be used in accordance with regulation 31 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022.

Financial Advice obtained: N/A

Procurement Advice obtained: N/A

HR Advice obtained: N/A

Climate Change Advice obtained:  ...  view the full decision text for item 3a

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