Content

12.1

The report seeks approval of an
updates to the Civil Parking and Bus Lane Enforcement Policy to
include moving traffic enforcement.
 
The decision to implement
enforcement of these powers has already been taken by the
Transport, Regeneration and Climate Policy Committee on 19 January
2023.
 
A signed designation order was
received from the Department for Transport in June 2023. This
enables Sheffield City Council to use civil enforcement powers to
issue Penalty Charge Notices (PCNs) to vehicles contravening such
restrictions.
 
The policy provides updated
information and guidance on:
 

·      
national regulations and government
guidance;

·      
the appeals process that motorists must follow to
dispute a moving traffic PCN and a guide to our cancellation
policies; and

·      
enforcement of moving traffic
contraventions
 
Initial sites to be enforced by
ANPR cameras submitted to the Transport. Regeneration and Climate
Committee are:
 

·      
Queens Road/ Bramall Lane: Illegal turns, yellow box
junction;

·      
Glossop Road/ Upper Hanover Street: Illegal turns,
yellow box junction; and

·      
Hoyle Street: Yellow box junction.
 
The amended version is aimed at
ensuring our policies:
 

·      
are updated to include new enforcement
powers;

·      
reflect national regulations and
guidance;

·      
are transparent; and

·      
are consistent.

 

 

12.2

RESOLVED
UNANIMOUSLY: That the Waste and Street
Scene Policy Committee:
 

1.    
approves the updated Civil Parking, Moving Traffic
and Bus Lane Enforcement Policy; and
 

2.    
grants a delegation to the Executive Director, City
Futures to make minor amendments to the table in the Moving Traffic
Restrictions section in Appendix A of the policy, to reflect new or
existing Traffic Regulation Orders.

 

 

12.3

Reasons for Decision

 

 

12.3.1

The Department for Transport
sets out that civil enforcement policies should be consistent,
fair and effective. The existing
policies need updating to reflect current regulations and
enforcement options available to the local authority.

 

 

12.3.2

It is recommended that Members
approve the policy for the updated recommendations to be
implemented in preparation for ANPR camera enforcement of moving
traffic contraventions.

 

 

12.4

Alternatives Considered and Rejected

 

 

12.4.1

Leave the warning notice period
for new bus gates at 1 month and enforce using the same
contravention code as bus lanes.

 

 

12.4.2

The Council would need
sufficient justification to depart from statutory guidance which
anticipates that bus gates will become the subject of moving
traffic enforcement (and the longer 6
month warning period). While choosing not to implement the
proposals in this report would not be unlawful and would provide
consistency and continuity with the Council’s existing
practice in respect of bus gates, this is deemed not to be
sufficient justification to depart from the statutory guidance. It
could also raise additional concerns regarding how PCNs issued in
respect of bus gates may be treated by the Traffic Penalty Tribunal
upon appeal.