Purpose

A review of an current policy to ensure that
the full scope of existing statutory powers are available to enable
proportionate action to be taken against vehicles parked in
contravention that may additionally represent either:
- a security risk
- a danger to other road users, or
- prevent the free movement of vehicles.

Decision

(1) 
To support the broad
use of statutory vehicle removal powers for vehicles parked in
contravention on the highway or on other land where the vehicle
remains a risk to public safety or the
movement of traffic.
 
(2) 
To note a minor
revision to para 6.3 of the published report, which is amended to
the following:
 
6.3 
Vehicles will only be removed from the secure area upon an
assessment of risk, and a decision made
by the Local Authority if it is deemed safe to do so. Consultation
with the police can be sought in identifying relevant risk to inform a decision to remove a vehicle,
however, the final decision for vehicle removal under this policy
will remain with the Local Authority.

Reasons for the decision

A
limited policy for the removal of vehicles parked in contravention
of parking restrictions on the highway was adopted in 2007/08,
enabling the council to remove vehicles that comprised:
 
(1) 
persistent
evaders;
(2) 
parked contrary to a
Temporary TRO to support an event;
(3) 
parked contrary to a
Temporary TRO to support essential road maintenance;
 
This updated approach allows for the removal of vehicles
parked in contravention on the highway, or where they impact the
safe and efficient movement of vehicles on the network, to ensure
full alignment with statutory provisions and updates to the
council’s TROs, including the ATTRO.
 
The objective of this update is to ensure that
proportionate action can be taken on a case-by-case basis, to
address vehicles parked in contravention that may additionally
represent either:
 
(1) 
a security
risk;
(2) 
a danger to other road
users;
(3) 
or prevent the free
movement of vehicles including emergency vehicles and public
transport can be appropriately managed.
 
This includes vehicles that cause a hazard on
the network or other land, including those that remain parked
inside sensitive locations covered by the council’s
ATTRO. 
Where the criteria above do not apply, the onlyaction takenwill
beto issuea PCNto thevehicle, which will remain in situ.

Alternative options considered

Not to progress with the review and to
continue with the existing application of vehicle removal powers.
This option was discounted due to the reduced deterrent of the
Penalty Charge as detailed in paragraph 3.5 of the report and the
security risks that may be posed by unauthorised vehicles within
sensitive locations covered by the ATTRO.