Issue - meetings

Report of the Director of Transportation and Highways

The Cabinet considered a report of the Director of Transportation and Highways that sought approval to apply to the Secretary of State for the powers to enforce moving traffic offences under the Traffic Management Act 2004 part 6 which would help to improve road safety and bus journey times, reduce traffic congestion, and thereby have a positive impact on air quality.

The TMA 2004 part 6 introduced civil enforcement of traffic offences in England and Wales. The legislation allowed local authorities to enforce parking restrictions together with some moving traffic offences, like making banned left / right turns, exceeding weight limits, and stopping in yellow box junctions.

To date, the powers to enforce moving traffic offences were not available to local authorities outside of London. However, in July 2020, the government committed to change this and allow local authorities outside of London the powers to manage moving traffic contraventions. Consequently, local authorities could now apply to the Secretary of State for a Designation Order to obtain moving traffic enforcement (MTE) powers. 

The enforcement of speeding traffic and footway parking were not covered by the changes in legislation, any enforcement of these was currently undertaken by the Police under criminal law, although a relatively low priority for them.

The proposed adoption of the powers by the Council was expected to free up valuable Police resources to concentrate on tackling crime, although the Police would not relinquish their existing powers to the Council and therefore may continue to undertake MTE in conjunction with the Council subject to available resources and other priorities.

RESOLVED that the Cabinet:

1)  Agrees that approval be given for officers to apply to the Secretary of State for the powers to undertake moving traffic enforcement pursuant to Part 6 of the TMA 2004 using CCTV camera systems, which requires consultation with stakeholders including West Midlands Police, and a minimum six-week public communication and engagement to raise public awareness. 

2)  Delegates authority to the Director of Transportation and Highways, following consultation with the Cabinet Member for City Services and the Chief Operating Officer (Section151 Officer) or nominated deputy, to approve the expenditure needed to implement moving traffic enforcement subject to a satisfactory business case. 

3)  Delegates authority to the Director of Transportation and Highways, following consultation with the Cabinet Member for City Services, for the development of a ‘Prioritisation Criteria’ to identify locations where the introduction of moving traffic enforcement will have the greatest benefit and impact.