Moving traffic enforcement consultation 2022

Enforcement of moving traffic regulations under Part 6 of the Traffic Management Act (TMA) 2004

From 31 May 2022, local authorities in England outside of London can apply to the Secretary of State for new powers to enforce 'moving traffic offences'. This is under Part 6 of the Traffic Management Act 2004.

This means local authorities can be granted powers that the police have previously only held. Local authorities will be able to issue fines to drivers for these offences for the first time.

What a moving traffic offence is

In England and Wales, moving traffic offences are defined in law in Schedule 7 of the Traffic Management Act 2004 (as amended). They include:

• Incorrectly driving into a bus lane or through a bus gate
• Driving in a pedestrian zone
• Ignoring a no entry sign
• Stopping in a yellow box junction
• Banned left or right turns
• Illegal U-turns
• Going the wrong way in a one-way street

Why the law changed

Currently, in England, moving traffic offences are enforceable only by the police. The only exception is in London where Transport for London (TfL) and London Borough Councils already have civil enforcement powers.

In 2020, the Government pledged to change the law and give local authorities the ability to enforce these offences themselves to:

• Reduce reliance on police resources
• Improve air quality through reduced traffic congestion
• Encourage behavioural shift towards sustainable travel choices by improving bus reliability and making cycling easier

What this means for Peterborough

We are applying to the Secretary of State for new powers to enforce moving traffic offences. We propose the following sites for enforcement:

• Entrance into Long Causeway from Westgate
• Entrance into Westgate from Broadway / Midgate
• Church Street / Cowgate Junction
• Queens Drive West
• Apollo Avenue / Peterborough Road - Stanground (bus gate)
• Bellona Drive / Whittlesey Road - Stanground (bus gate)

What happens if our application is successful

If we receive the powers, we would undertake enforcement by using Automatic Number Plate Recognition (ANPR) camera technology. We would send fines by post to road users who continue to ignore the restriction. People will receive a warning notice first within six months of the enforcement commencing.

Public consultation feedback and responses

The consultation closed on 23 December 2022, having been open and advertised for six weeks. We received 48 individual replies which we considered and responded to. A summary of the feedback and responses is below:

• Additional requests or suggestions for other sites where moving traffic enforcement powers could be used to improve road safety. We will note these for future investigation and have feedback that any additional enforcement site will require its own six-week public consultation period.
  
  
• Reporting of other problems in the city that cannot be solved by local authorities' moving traffic enforcement powers - such as speeding motorists and the riding of e-scooters.
  
  
• Residents of South Stanground requested that there is open access for any vehicle and not just buses through the two bus gate sites proposed. They raised concerns of parking issues along the bus route. The bus route through Cardea was part of the original overall planning consent for the Stanground South development. The assessments carried out have never allowed for the access to Peterborough Road and Whittlesey Road to be used for anything more than buses and emergency service vehicles. Therefore it is not possible to allow open access to other vehicles. Any changes to the current parking arrangements in Stanground South would be subject to their own public consultations. Those affected will have opportunity to raise their objections in future.
  
  
• Businesses in Westgate or in Long Causeway questioned how deliveries would be made within the Pedestrian Zones. There is no change to the current restriction, only how it will be enforced is changing. The pedestrian areas include exemptions for loading and unloading before 10.30am and after 4.30pm (Westgate) and before 10.30am and after 4.30pm weekdays or before 9am and after 5pm weekends (Long Causeway). Deliveries will continue to be able to be made at these times.
  
  
• Requests from the taxi trade for the Westgate Pedestrian Zone to include exemptions for private hire taxis as well as hackney carriages - we have confirmed this is already being enforced.
  
  
• Several responses challenged why we have waited this long to try and tackle these issues. Until legislation changed in May 2022, local authorities in England outside of London were unable to apply these powers. This is one of the first opportunities we have had to apply for these powers.
  
  
• Signage and road markings should be improved to make these restrictions clearer. Work will be undertaken to ensure all restrictions are clearly marked and signposted and that the public understand what is and isn't allowed at each site. Engineering and education work will take place first and foremost before any enforcement is undertaken. This will include a mandatory six month warning period for first offences at all sites.

Next steps 

Following the public consultation and having gained approval from our Cabinet, we have applied for a designation order for moving traffic enforcement powers.

We made the application to the Secretary of State for Transport, to be laid before Parliament in Tranche 2 of its application process with several other applications from other local authorities.

It is expected that those successful Tranche 2 designation orders will be issued by July this year. In the meantime, we will continue to engage and update with the public on these proposals and more closely with those directly affected.