Draft Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Lloyd Russell-Moyle Excerpts

Wednesday 27th April 2022 General Committees

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

I broadly support this statutory instrument, but I want to put on the record concerns about how these issues are being enforced across England. I hope that the Minister will take those concerns away.

I should declare an interest: I have been given a penalty charge notice for a bus lane offence. I appealed, and my local authority decided that on that occasion I did not need to pay the PCN. So on a personal level, I know that the system sometimes works; in that case, I was driving out of the bus lane after having been forced in. I have, however, been contacted by constituents who have been fined because they have moved into a bus lane to keep clear of a passing ambulance. The authority has not lifted the fine, saying that it is not required to do so.

The statutory instrument will help constituents who have legitimate reason to appeal after driving in a bus lane or a hatched area—they may have been moving out of the way of an emergency service vehicle, for example—for which they could currently be fined, in the case of a bus lane. I am pleased about that, but I would like the Minister to make it clear that authorities should not fine motorists in such instances and should use their discretion. At the moment, they are not doing so.

I am also deeply concerned that many drivers believe that the penalties are used as revenue-raising alternatives for councils. That is understandable, because council funding has been cut by huge amounts. One bus lane camera in Brighton has raised £1.3 million in just nine months. The Conservative and Labour parties have asked for that camera to be removed following a review; unfortunately, the Green party, which currently runs our city, continues to insist that it should stay there.

The situation exists because of a lack of signage, a lack of consultation and, as the Minister rightly pointed out, a lack of clear road markings. When someone is driving, if they have missed the sign that comes 300 yards before they get to the traffic lights, they will assume that they can continue going straight on. I do think the Department needs to be clearer about where it would rule out the use of such cameras and enforcement, and allow people to appeal.

Finally, I would love the independent adjudicator to be able to develop a basis of precedent, because that would show councils where they are getting it wrong. There is a danger that the independent adjudicator treats each case alone and cannot establish a level of precedent about particularly problematic uses of this power. I do support it but I think we need to be cautious, because people are sceptical.

--- Later in debate ---

[Trudy Harrison]

I thank colleagues for their broad support for the SI, and for their consideration. I will respond to a couple of queries. To correct the shadow Minister, I confirm that as the hon. Member for Brighton, Kemptown rightly said, local authorities will be able to receive the money, but it will be ringfenced. We take seriously the need to do that in order to address significant concerns from Ministers and the public about over-zealous enforcement by some LAs.

Traffic enforcement is not about LAs raising revenue; its aim is to encourage compliance and to achieve the policy aim of improving traffic flow, with consequent benefits to wellbeing and the economy. Any surplus raised is strictly ringfenced in order to cover the cost of enforcement activity, LA-funded environmental measures and the local transport schemes that we have heard are so important.

[Lloyd Russell-Moyle]

I understand the ringfencing, but does the Minister not agree that local authorities could end up spending that money on transport plans such as subsidised bus routes in a different area of the authority, or an environmental plan in a completely different location? For the public, that is not a ringfence; it is a substitution of funding that would have been previously paid for out of Government grant that has been cut.

[Trudy Harrison]

Local authorities will choose to spend the money in accordance with guidance from the Department and the Secretary of State.

I think everybody will agree that the draft regulations are a vital part of the regulatory package, because it is so necessary to enable sensible and fair traffic management, as we have heard. That is broadly what local authorities are calling for; they want these new powers. On the new burdens assessment, it has been agreed with the Local Government Association that this is the right way forward.

Since their introduction in 2003, equivalent powers in London have proved effective at reducing moving traffic contraventions, with a consequent increase in traffic flow. By making the enforcement powers available to local authorities outside London, we will improve air quality, make active travel safer and more attractive, and be able to promote sustainable travel for everyone. We all rely on the restrictions being followed to enable us to travel efficiently and safely.

I have set out the rationale for where roads can be improved. Tackling the drivers who choose to disregard the rules will therefore benefit the lives of pedestrians— not least those with protected characteristics, including people with mobility or sensory impairments, older people, carers and children. I thank you for your time, Mr Robertson, and I thank colleagues for their consideration of the SI.

Question put and agreed to.