Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013

Baroness Gale Excerpts

Tuesday 29th January 2013 Grand Committee

[Lord Jones]

My Lords, I will be brief. I am grateful to the Minister for her considerate introduction to the regulations. However, do we have no statistics whatever from 2010 or 2011 on the number of immobilisations or appeals? Has the Welsh Local Government Association made no representations to the Government or to the Welsh Assembly Government? Is there an estimate of the amount of work that we are passing to local government in Wales? Do we have any insight into what the four constabularies have put on record about this change? It would be helpful for the Committee to know the scale of the work that we are passing on. That seems to be a foundation question.

[Baroness Gale]

My Lords, I thank the Minister for bringing these important regulations before us today. We welcome them, as they are what the Welsh Government have requested and have been working on for some time. The package gives powers to local authorities effectively to manage traffic, which will help to reduce delays and tackle congestion. I am aware that the Welsh Government have worked closely with local authorities, the British Parking Association, the police, the UK Government and their legal services in preparing the regulations, which will complement and consolidate the powers that local authorities were given on 31 March 2008 to take civil enforcement action against parking contraventions.

It is important to note that these powers will not stop the police from taking action where necessary, although the main rationale for the changes is that the police are not able to make the enforcement of bus lanes and road traffic contraventions priorities for action. I can give the example of Cardiff where there are bus lanes which, of course, only buses should be using. However, Cardiff Council is unable to take action against other vehicles using those lanes because they do not have the enforcement powers to do so. The Welsh Government believe that these regulations will help improve the punctuality and appeal of local bus services because if the bus lanes are clear, the buses can get to their destinations a lot more quickly. The Welsh Government think that this will help to further the sustainability of bus services, which we know are so important to many of our communities in Wales.

This is a key part of the Welsh Government’s economic and social objectives and is consistent with their national transport plan which was published in December 2011. However, it is important that these powers are used appropriately and that the public can trust the decisions made by enforcement officers. The enforcement of the bus lane and road traffic contraventions will be based on evidence captured on camera and other approved recording equipment and devices. Another set of regulations will be brought forward to deal with those, as the Minister has explained.

The Welsh Government are in discussions with the Vehicle Certification Agency on the terms of the technical service agreement to certify on behalf of Welsh Ministers that the cameras and associated equipment used to enforce parking restrictions in bus lanes and certain road traffic contraventions are fit for purpose. It is important that local authorities are accountable for their decisions and that residents know how the money raised from fines is used, a point made earlier by other noble Lords.

In terms of accountability, the local authorities using these powers will be required to send copies of their income and expenditure accounts to Welsh Ministers as part of an annual report about their enforcement activities. This will highlight the impact on journey times along key routes. It is also important that the appeal system and the independent adjudicator are set up, which is what we are dealing with today. The regulations specify the procedure for making representations and ensure that people given a penalty charge will be able to see the evidence against them and are given the opportunity to challenge it. For example, they may not have owned the vehicle at the time the penalty was incurred.

Following the results of the consultation, the regulations stipulate that local authorities must be responsible for handling representations themselves rather than the responsibility being contracted out. That is to be welcomed as it ensures that people will know that they can go directly to their council, thus maintaining a direct and transparent link. It is planned that the regulations will be backed up by statutory operational guidance that will provide more detailed advice on the use of the new powers. It is important that that guidance is well publicised. The Welsh Government are planning to work closely with local authorities, the British Parking Association and others to prepare the guidance, which they plan to publish this year.

These are sensible regulations that should make a difference to road travel in Wales, especially in town centres and other busy areas. In supporting these plans, I understand that the Welsh Government are anxious to go ahead with implementation at the earliest opportunity. Can the Minister tell us when the regulations will be put before the House of Commons, as I understand that no date has as yet been fixed? Will she also agree to use her influence to ensure that there are no further delays in order to enable the Welsh Government and local authorities to move forward quickly on the implementation of these regulations? In the mean time, I thank the Minister for placing these regulations before us, and of course we fully support them.