Regulations to enact the powers described under Part 6 of the Road Traffic Management Act 2004 relating to civil enforcement of moving traffic offences are to be considered by parliament early in 2022.  These regulations will provide local authorities the ability to apply to the Department for Transport for a Designation Order to take on responsibility for certain types of moving traffic offences, mirroring the powers which have been available to London authorities.

The Strategic Director Place will submit a report (Document “AY”) which seeks Executive’s endorsement to progress with an application to the Department for Transport for the adoption of these powers at the earliest possible opportunity and sets out the potential scope of such powers, the pre-requisite arrangements necessary to secure a Designation Order, initial proposals for the operation of the enforcement of restrictions and the benefits to residents of such powers.

Recommended –

(1)         That Executive endorse the preparation of an application to the Department of Transport for the preparation of a Designation Order to confer the powers under Part 6 of the Traffic Management Act 2004.

(2)         That Executive approve consultation of initial details for enforcement of moving traffic contraventions in accordance with the timescales set out within Document “AY” and the Application Guidance.

(3)         That authority be delegated to the Strategic Director of Place, in consultation with the Portfolio Holder, to:

a)       manage the development of the initial list of sites and types of restriction which are to be subject to MTE as appropriate.

b)       as may be required, secure the procurement of specialist external services having regard to the Council’s Contract Standing Orders and national procurement legislation in order to support the development of the application to the DfT for a Designation Order and to support the introduction of MTE in Bradford.

c)       to make any necessary modifications to the initial proposals consulted upon in order to resolve objections raised and resolve any disputes.

d)       make submission of an application for preparation of a Designation Order for Bradford having being satisfied that all necessary pre-requisite requirements of the DfT Advice Note have been complied with.

e)       approve any and all future expansion proposals of the enforcement network which may be recommended by the Council’s Traffic Manager subject to demonstration that all necessary pre-requisite requirements of the DfT Advice Note have been complied with.

(4)         That Executive note the need for a development budget for the preparation of the application for the Designation Order and the arrangements which are permitted under Section 55 of the Road Traffic Regulation Act 1984 for the recovery of this initial budget following introduction of moving traffic enforcement powers.

(5)         That authority be delegated to the Strategic Director of Place and Director of Finance, in consultation with the Portfolio Holder, to agree annually the allocation of proceeds from the issue of PCNs in accordance with the hierarchy set out in Section 55 of the Road Traffic Regulation Act 1984.

Overview & Scrutiny Committee: Regeneration and Environment

(Richard Gelder - 01274 437603)

Regulations to enact the powers described under Part 6 of the Road Traffic Management Act 2004 relating to civil enforcement of moving traffic offences are to be considered by parliament early in 2022.  These regulations will provide local authorities the ability to apply to the Department for Transport for a Designation Order to take on responsibility for certain types of moving traffic offences, mirroring the powers which have been available to London authorities.

The Strategic Director Place submitted a report (Document “AY”) which sought Executive’s endorsement to progress with an application to the Department for Transport for the adoption of these powers at the earliest possible opportunity and set out the potential scope of such powers, the pre-requisite arrangements necessary to secure a Designation Order, initial proposals for the operation of the enforcement of restrictions and the benefits to residents of such powers.

The Portfolio Holder stated that although some preparatory will have to be done, the proposals would go some way in addressing anti-social and poor driving in the district.

Resolved –

(1)         That the preparation of an application to the Department of Transport for the preparation of a Designation Order to confer the powers under Part 6 of the Traffic Management Act 2004 be endorsed.

(2)         That consultation of initial details for enforcement of moving traffic contraventions in accordance with the timescales set out within Document “AY” and the Application Guidance be approved.

(3)         That authority be delegated to the Strategic Director of Place, in consultation with the Portfolio Holder, to:

a)       manage the development of the initial list of sites and types of restriction which are to be subject to MTE as appropriate.

b)       as may be required, secure the procurement of specialist external services having regard to the Council’s Contract Standing Orders and national procurement legislation in order to support the development of the application to the DfT for a Designation Order and to support the introduction of MTE in Bradford.

c)       to make any necessary modifications to the initial proposals consulted upon in order to resolve objections raised and resolve any disputes.

d)       make submission of an application for preparation of a Designation Order for Bradford having being satisfied that all necessary pre-requisite requirements of the DfT Advice Note have been complied with.

e)       approve any and all future expansion proposals of the enforcement network which may be recommended by the Council’s Traffic Manager subject to demonstration that all necessary pre-requisite requirements of the DfT Advice Note have been complied with.

(4)         That Executive noted the need for a development budget for the preparation of the application for the Designation Order and the arrangements which are permitted under Section 55 of the Road Traffic Regulation Act 1984 for the recovery of this initial budget following introduction of moving traffic enforcement powers.

(5)         That authority be delegated to the Strategic Director of Place and Director of Finance, in consultation with the Portfolio Holder, to agree annually the allocation of proceeds from the issue of PCNs in accordance with the hierarchy set out in Section 55 of the Road Traffic Regulation Act 1984.

ACTION: Strategic Director Place/ Director of Finance

Overview & Scrutiny Committee: Regeneration and Environment