The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill)
I congratulate the hon. Member for Birmingham, Edgbaston (Ms Stuart) on securing this debate. Her colleague, the shadow road safety Minister, the hon. Member for Birmingham, Northfield (Richard Burden), is on the Opposition Benches to listen to her remarks as well as to what I have to say, and I suspect that we will have a lot of common ground on this matter because it affects constituencies up and down the country. I am pleased to speak about an issue that is vital for the safety of our schoolchildren—indeed, the hon. Lady is probably pushing at an open door in that regard. In rural areas such as the one I represent, we have the additional problem that many parents seem to get into bigger and bigger four-wheel drive vehicles, which makes it harder for people to see when manoeuvring. Perhaps it is a fact of modern life, but a lot of people seem to set off far too late to take their children to school and have to race there.
We are all too aware of how traffic tends to be more congested during school drop-off and pick-up periods because many of us use our vehicles to take our children to and from school. Schoolchildren are therefore more likely to be at risk from traffic during those periods, and it is a particular problem directly outside schools because some children make their way home on foot or walk to the nearest bus stop. The Government are keen to increase the number of children who walk to school—we have set a target of 55%—and good schemes such as walking buses or “park and stride” encourage people who perhaps live too far away from their school to walk the entire distance to walk for some of it. That is good news not only for reducing congestion outside schools, but also for improving general health and well-being. When I drive to York station on a Monday morning to come to London, it is obvious when it is half term because the traffic is so much better.
Let me mention some of the legal measures available to local authorities and schools, and the powers that local authorities have to address the problem. Local authorities can tackle congestion and protect vulnerable schoolchildren by applying traffic control measures such as “School Keep Clear” zig-zag markings outside school areas. Those areas can be either advisory or mandatory, and it is for the local authority to determine what is appropriate in particular circumstances. If it considers that an advisory approach will be effective, the local authority should apply the appropriate zig-zag crossing on the road outside the entrance of a school to indicate to drivers that stopping or parking is not permitted in the marked area. An advisory marking is unenforceable by the local authority because it is not prohibited in an order made by the council, and traffic signs are not required to indicate the advisory marking. The police can, however, give a driver a parking fine for causing an obstruction as a result of stopping or parking on a “School Keep Clear” road advisory marking. Advisory markings are only intended to act as a deterrent, although as we have heard, some drivers take a lot of deterring.
If a mandatory approach is considered more effective, the local authority will be required to make a “School Keep Clear” zig-zag marking a parking prohibition in an order, and it must also apply appropriate road markings and traffic signs. Local authorities that have taken over responsibility for parking enforcement from the police can enforce a mandatory “School Keep Clear” marking with a penalty charge notice. Current arrangements provide flexibility for local authorities to decide whether an advisory or mandatory approach is needed, and I believe that they are best placed to tackle traffic management in their area. Most school governing bodies that I know include one or two councillors, so it will be easy for them to feed back that concern.
Parking on the pavement near schools is common practice in some areas and can cause severe problems for parents with children in pushchairs, people in wheelchairs, or the visually impaired and blind. Pavement parking could also block the footway passage for schoolchildren, forcing them on to dangerous roads.
In London, parking on the footway is prohibited, but in some areas it is permitted to maintain easy traffic flow. It would be for the London local authority to decide parking arrangements for a local area, and that may include permitting pavement parking. In England outside London, parking on the pavement is not banned. However, local authorities have the power in legislation to implement a pavement parking prohibition in particularly problematic areas, such as outside schools.
Ms Gisela Stuart
The Minister is absolutely right about the legal framework, but the reality is that our local authorities’ financial means have been cut to the bone. If I go to my local authority and say that I want one of those traffic management orders, it will say, “We simply do not have the money.” In Birmingham, there are more than 475 schools and it simply does not have the means. We need other ways and issuing tickets is the simplest thing to do.
Mr Goodwill
I will come on to other ways that may be used to dissuade people from bad behaviour, but I am currently outlining the statutory tools available to local authorities in particular areas. Issuing tickets will create revenue, which may make the system self-financing. However, I must make it clear that we do not support any measures that could be seen as re-declaring the war on motorists that the previous Government seemed to be engaged in.
Since 2011, enforcing pavement parking in English areas outside London has been made easier by my predecessor, the right hon. Member for Lewes (Norman Baker), who was responsible for removing the requirement for councils to apply for individual traffic sign authorisations. Baroness Kramer wrote to English local authorities outside London this summer, reminding them of their existing powers to enforce pavement parking and encouraging them to do so.
Double parking outside schools when dropping off or picking up schoolchildren can obstruct the passage and flow of traffic, and may put schoolchildren at risk of being hit by a passing vehicle. Local authorities with parking enforcement powers can enforce double parking violations without the requirement for traffic signs, because double parking is prohibited in national legislation. Similarly, local authorities can give a penalty charge notice to drivers who block access to school grounds or nearby facilities as a result of parking their vehicle alongside a dropped footway outside the school area.
Yellow line restrictions near school areas can also be enforced by the local authority. In these circumstances, the police can only enforce if a vehicle is causing an obstruction as a result of parking on a yellow line, or if the local authority has not as yet taken over the responsibility of parking enforcement from the police. I suspect Birmingham is an authority that has taken over enforcement powers from the police, and I encourage all local authorities that have not yet done so to take on those powers. Local authorities have the power in legislation to make arrangements for the patrolling of places where children cross roads on their way to and from school. My Department works closely with intermediaries and partners who engage with children directly, such as teachers, out-of-school group leaders and parents, to communicate road safety messages. The Department provides them with free lesson plans, resources and activities that can all be found on the Department for Transport’s award-winning “THINK!” website. Moreover, the Department continues to work with local road safety officers and stakeholders, including the road safety charity Brake and in partnership with the RAC, to help them deliver road safety plans.
My Department and the Department for Communities and Local Government recently consulted on proposals to tackle over-zealous parking enforcement by local authorities. One proposal was to introduce a ban on the use of CCTV by local authorities for on-street parking enforcement. The Government received an overwhelming number of responses requesting that the use of CCTV by local authorities for traffic enforcement outside schools be exempted from the ban.
We recognise that the primary objective of any camera system for enforcement is to ensure the safe and efficient operation of public highways by deterring motorists from breaking traffic restrictions and detecting those that do. We also recognise that areas outside schools are more susceptible to traffic accidents if a robust system of enforcement is not in place. For that reason, we have listened to the views of the general public, and parents and teachers in particular, and have exempted from the ban the use of CCTV by local authorities for traffic enforcement outside schools. That could be in the form of either a fixed camera or a camera van to ensure that people who are parking illegally receive the appropriate sanctions. CCTV is necessary in these areas in particular, because it takes most drivers only 10 seconds to drop somebody off. Therefore, even if a parking warden or an officer of the council is there, it is not possible to ticket more than one car. With the use of cameras, enforcement can be done in a pretty severe way to get the message across to parents who park dangerously. It would be great to have the hon. Lady outside all the schools in Birmingham—I am sure similarly stern ladies could do the work—but the use of cameras is one way to ensure that people cannot get away with dropping people off.
Mr Goodwill
Where civil enforcement has been taken over by the council, as in the case of Birmingham, it would be up to the local authority, through its civil enforcement officers. If it was a particularly big or busy school it would be possible to install a camera outside the school to do that work, but other local authorities could use a van with a camera fitted to enable that to happen and to provide a deterrent when word gets around that people are being ticketed.
Unfortunately, no matter how strong a message is given to parents, either directly or through their children, not all parents understand the dangers of parking outside schools. If local authorities want to use cameras, we have allowed them to use them in specific locations: red routes in London, bus lanes and outside schools. I was keen to impress on my colleagues in the Department for Communities and Local Government how important it is to make an exception for the situation outside schools. As hon. Members probably know, this has been taken forward as an amendment to clause 39 of the Deregulation Bill, which is currently going through Parliament. It will enable the power to be retained by local authorities and for there to be an exemption from the camera ban.
There is important work to be done by schools on information campaigns and sending notes home from school. I have heard of cases where vehicles and their registration numbers have been listed and circulated back to parents to try to encourage more responsible behaviour. I repeat that we absolutely understand the problem. We need to give local authorities the right powers, and retaining the use of cameras gives them those additional powers. As I have outlined, there are several ways local authorities can enforce parking restrictions outside schools, and I would encourage them to use those powers.
Mr Goodwill
There are certainly processes that local authorities would need to go through, although not in the case of vans. If there were several schools in an area where this was a problem, the use of a van fitted with camera equipment might be the best means of enforcement, and of course parents would never know when it might be parked outside their school.
Once again, I thank the hon. Lady for bringing this matter to the House. It is a matter that concerns me as a parent—even if my children are now past school age—and one that affects every constituency in the country. She has identified a real problem that parents are worried about, and I hope I have reassured her that local authorities have the powers to do something about it, and I hope they will avail themselves of those powers where this is a particular issue. The last thing we want is children being deterred from walking to school or feeling unsafe because of the mêlée of cars outsides their school. We need to get people walking to school again, whether all the way from home or from a sensible parking place.
Question put and agreed to.