Report to Cabinet. 18 May 2016

Transcription

1 Agenda Item 8 Report to Cabinet 18 May 2016 Subject: Presenting Cabinet Member: Proposed CCTV Enforcement of Traffic Contraventions in a Bus Lane (Key Decision Ref. No. HE030) Highways and Environment Summary Statement 1.1 The traffic restrictions through the pedestrian town square on part of New Street, West Bromwich are being ignored by large numbers of motorists. Traffic counts show that more than 2,200 vehicles per day contravene the Traffic Regulation Order by driving through New Street. This through traffic is detrimental to the safety and amenity of the town square. The only effective method of enforcement for these moving traffic contraventions is through the use of fixed CCTV cameras. 1.2 This report seeks approval to the following: a) To undertake civil enforcement of bus lanes in the Borough using CCTV enforcement. b) To join the Bus Lane Adjudication Service Joint Committee and to appoint a representative and deputy representative to the Committee to act on behalf of the Council. c) The proposed penalty charge structure. Reasons for CCTV Enforcement 1.3 The volume of through traffic, particularly at peak times, is detrimental to the safety of the large numbers of pedestrians crossing New Street. Traffic counts show that between 5,600 and 8,600 pedestrians currently cross New Street each day including young people using the Central Sixth Form College. There have been eight reported injury accidents on New Street, West Bromwich during the last 5 years. The reported accidents do not include damage only accidents or near misses. 1

2 1.4 The volume of through traffic contravening the Traffic Regulation Order on New Street is also causing peak time congestion around the bus station. The queues at traffic signals on St Michaels St are blocking the entrance and exit to the bus station and are causing significant peak time delays to bus services. 1.5 New Street and the town square are predominantly pedestrian areas that are also intended to provide various street based amenities such as street cafes, exhibitions and public space events. Pedestrian use of the town square is increasing significantly following the opening of the Sixth Form College, the letting of new retail units in New Square and the completed refurbishment of Queens Square. 1.6 Bus services need to travel through the town square so that all access and egress points to the bus station can operate efficiently. This avoids excessive queues at traffic signals that cause gridlock at peak periods. It is appropriate for the bus station and bus routes including showcase routes to operate efficiently to minimise journey times and encourage the use of sustainable transport. This contributes to the reduction of traffic volumes on the network and associated congestion. 1.7 The many safety, amenity and network efficiency benefits for the public support the effective enforcement of the traffic restriction on New Street. The use of CCTV cameras provides the most practical and effective method of enforcing the necessary traffic restriction. Existing Powers and Approvals 1.8 The Council has in place the necessary statutory powers to enforce bus lane contraventions within the borough. The legislative and policy requirements are also in place for the CCTV enforcement of traffic contraventions. 1.9 The enforcement of traffic contraventions in bus lane by CCTV is included within the Council s current Parking and Traffic Enforcement Policy which was approved by Cabinet on 20 May 2015 (see Minute No. 80/15) subject to a public consultation. There were no objections arising from the public consultation in June The policy allowing the CCTV enforcement of traffic contraventions in bus lanes was consequently adopted The Traffic Regulation Order for New Street, West Bromwich have been subject to Statutory Public Consultation and was approved by the Cabinet Member for Highways and Environment on 22 March 2016 (see Decision 7/16). 2

3 1.11 The Cabinet Member for Highways and Environment considered what is in the best interest of the majority of road users including pedestrians, bus passengers and also the amenity of the town square. The Cabinet Member for Highways and Environment was minded to exempt Hackney Carriages from the restrictions as this would not cause a significant public disadvantage. However it would not be in the overall public interest to exempt Private Hire Vehicles within the Traffic Regulation Order Process for CCTV Enforcement 1.12 In order to enforce the traffic contraventions in the bus lane in New Street using CCTV the Council are required to make an application to join the Bus Lane Adjudication Service Joint Committee. The Council are required to join Bus Lane Adjudication Service Joint Committee to enforce moving traffic contraventions in bus lanes The appropriate Council s representative on the Bus Lane Adjudication Service Joint Committee would be the Cabinet Member for Highways Environment who would then determine an appropriate officer for technical advice as a deputy representative CCTV Enforcement would require the procurement of the necessary equipment following quotations from Government approved suppliers at an estimated cost of 34,000 and this would be funded through the Local Transport Plan The cost of 4.5 years maintenance of the cameras and software system is estimated as 6,000 based on quotations. Additional costs of around 5,000 per annum may be due to the parking Enforcement Contractor under the current contract subject to the volume of penalty charge notice processing. These maintenance and enforcement costs would be funded within the parking account from penalty charge income Subject to approval, the Director - Regeneration and Economy would need to apply for permission from the Secretary of State to operate the following proposed charging structure:- a) standard tariff 60 b) reduced tariff of 30 if paid within 14 days c) increased tariff of 90 if not paid within 28 days. Further details are attached for your information 3

4 2. Recommendations 2.1 That an application be submitted to join the Bus Lane Adjudication Service Joint Committee to enable the Council to become a member of the adjudication service for traffic contraventions for CCTV enforcement of bus lanes within the Borough of Sandwell. 2.2 That, subject to 2.1 above, the procurement of fixed CCTV enforcement cameras for the bus only street in New Street, West Bromwich, be approved. 2.3 That, subject to 2.1 above, the CCTV enforcement of the Borough Council of Sandwell (New Street, West Bromwich) Bus Only Street) Order 2016 be approved. 2.4 That, subject to 2.1 above, the Director - Regeneration and Economy shall apply for permission from the Secretary of State to operate the following tariff structure:- a) standard tariff 60 b) reduced tariff of 30 if paid within 14 days c) increased tariff of 90 if not paid within 28 days; 2.5 That the Cabinet Member for Highways and Environment be nominated to act as the Borough Council s representative on the Bus Lane Adjudication Service Joint Committee and the Group Manager - Highways as deputy representative; 2.6 That the Director - Regeneration and Economy, in consultation with the Cabinet Member for Highways and Environment, be authorised to implement camera enforcement at further sites in the Borough of Sandwell, subject to statutory public consultation and the consideration of objections on an appropriate traffic regulation order at each location. Nick Bubalo Director Regeneration and Economy Contact Officer Robin Weare Group Manager Highways

5 3. Strategic Resource Implications Preliminary quotations indicate a capital cost for two fixed cameras located at New Street, West Bromwich would be around 34,000 and this would be funded through the Local Transport Plan. The cost of 4.5 years maintenance of the cameras and software system is estimated as 6,000 based on quotations. Additional costs of around 5,000 per annum may be due to the parking Enforcement Contractor under the current contract subject to the volume of penalty charge notice processing. The maintenance and enforcement costs would be funded within the parking account from penalty charge income. Quotations from Government approved suppliers would be obtained to ensure value for money in accordance with contract procedure rules. The enforcement of traffic contraventions in bus lanes would generate fixed penalty charges of 60, reduced to 30 if paid within 14 days or 90 if paid after the service of a charge certificate. Penalty charges are expected to be sufficient to fund the annual maintenance of the equipment and the additional costs of notice processing and enforcement that would arise under the parking enforcement contract. Any surplus of income over expenditure would be used to balance the parking account or fund associated activities permitted by legislation, regulation and statutory guidance. There are no current restrictions by Government to the use of CCTV for moving traffic contraventions in bus lanes. The principal risks arising from the contravention of traffic restrictions arising from lack of enforcement are as follows. DESCRIPTION SEVERITY PROBABILITY SCORE 1 Pedestrian Safety in the Town Square Delay to Bus Journeys Road Safety and Congestion on the Network Amenity of the Town Square The enforcement of the Bus Only Street with CCTV cameras in accordance with approved policy provides mitigation of the principal risks as follows. 5

6 DESCRIPTION SEVERITY PROBABILITY SCORE 1 Pedestrian Safety in the Town Square Delay to Bus Journeys Road Safety and Congestion on the Network Amenity of the Town Square Legal and Statutory Implications 4.1 Under the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Sandwell) Order 2000 the Council is designated as a civil enforcement area to carry out enforcement activities relating to traffic contraventions within the Borough. 4.2 In addition the Council has a duty to ensure expeditious movement of traffic on the network, improve road safety and improve the quality and accessibility of public transport under the Transport Act 2000 and Traffic Management Act The use of CCTV enforcement will support the delivery of these statutory duties. 4.3 The Council secured authority under the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 for civil penalties for bus lane contraventions and as such, Sandwell Metropolitan Borough Council is an approved local authority for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions). 4.4 Only approved devises can be used to detecting contraventions. The schedule to the Bus Lanes (Approved Devices) (England) Order 2005 provides the criteria for an appropriate device. A penalty charge notice cannot be issued unless it is produced by an appropriate device. 4.5 The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 provide details of what the penalty charge notice should contain. The Council must be a member of the Bus Lane Adjudication Service Joint Committee in order to undertake civil enforcement of bus lanes 4.6 Any appeals of the PCN are initially dealt with by the local authority, if the appeal is rejected the Traffic Penalty Tribunal whose independent adjudicators will determine the appeal 4.7 Relevant Legislation and Statutory Guidance in respect of the Traffic Regulation Order and Civil enforcement are as follows: 6

7 Road Traffic Regulation Act 1984 Traffic Management Act 2004 Traffic signs Regulations and General Directions 2002 ( TSRGD ) Road Traffic Act 1991 Transport Act 2000 The Secretary of State s Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions issued in March In addition the following legislation applies to the operation of a CCTV system The Data Protection Act The Human Rights Act The Regulation of Investigatory Powers Act The Protection of Freedoms Act The use of a CCTV system in a bus lane is also subject to the following Guidance:- DfT Provisional Guidance on Bus Lane Enforcement 2005 (Revised 2008); The Bus Lanes Contraventions (Penalty Charges, Adjudication and Enforcement)(England) Regulations 2005 The Tribunals and Inquiries (Bus Lane Adjudicators) (England) Order 2005 The Bus Lanes Contraventions (Approved Local Authorities) (England) Order 2005 The Bus Lanes (Approved Devices)(England)Order 2005 A Code of Practice for Bus Lane Camera Enforcement Using attended CCTV equipment for Approved English Local Authorities outside London Final Draft Implications for Council s Scorecard Priorities The benefits associated with an effective parking enforcement service assist in meeting the Council s scorecard priorities as follows. Contribute towards the safety of the children particularly around schools within the borough as well as the disabled. 7

8 Mitigate unsafe, illegal and inconsiderate parking, reducing traffic congestion, whilst maintaining good access and improving safety which will have a positive effect on Sandwell as a good place for local communities and visitors. Provide effective enforcement around all our schools and improve the quality of life for communities, including the children, the disabled and the elderly. Support the Parking Policy as a key element of the Council s overall Transportation Strategy, for which environmental considerations are an integral element. Meeting regional and council priorities for sustainable travel, modal shift and carbon reduction. 6. Background Details 6.1 Buses have a vital role to play in encouraging people out of their cars and therefore reducing congestion and carbon emissions in busy urban areas. In recognition of this, the Council has invested heavily in a range of bus priority measures, including bus lanes and bus gates. 6.2 However, abuse of bus priority measures by non- authorised vehicles can prevent the full benefits of more consistent journey times being realised. 6.3 The Police have enforcement powers but do not usually have sufficient resources to carry out enforcement operations at bus lanes. 6.5 Regulations made under Section 144 of the Transport Act 2000, which came into force on 1st November 2005, allow approved Local Authorities in England to undertake decriminalised enforcement of unauthorised vehicles in bus lanes using approved capture devices i.e. camera recording systems. The Council is an approved local authority for the purposes of bus lane enforcement. 6.6 Experience from other local authorities suggests that enforcement cameras significantly reduce the number of private motorists using bus priority measures, leading to improved reliability for bus operators and thus enhancing the attractiveness of public transport to potential users. The reduction in congestion should also result in an overall reduction in harmful emissions leading to an overall improvement in air quality. 8

9 6.7 To implement CCTV enforcement the Council is required to join the Bus Lane Adjudication Service Joint Committee (BLASJC) and to appoint a representative and deputy representative to the BLASJC to act on behalf of the County Council. 6.8 The BLASJC is linked to the Traffic Penalty Tribunal where appeals by motorists and vehicle owners whose vehicles have been issued with a Penalty Charge Notice (PCN) are considered by impartial adjudicators. BLASJC members oversee the functions of the Traffic Penalty Tribunal as an independent tribunal but do not get involved in appeals or discuss or influence adjudicator decisions. 6.9 Public Consultation for the THE BOROUGH COUNCIL OF SANDWELL ((NEW STREET, WEST BROMWICH) BUS ONLY STREET) ORDER 2015 and THE BOROUGH COUNCIL OF SANDWELL ((NEW STREET, WEST BROMWICH) BUS ONLY STREET) ORDER 2016 was undertaken between 10 th December 2015 and 11 th January 2016 included letters sent out to the following organisations, a notice was published in the press and supporting information was made available at the Council House and on the Council Web Site. The Central Sixth form college on New Street New Square management company Queens Square manager Astle Retail Park manager All retailers and offices on New Street The Police, Fire and Ambulance Services Neighbouring local authorities, The DVLA and the Traffic Enforcement Centre; Centro and Bus Operators Taxi Licencing Manager Neighbourhood Officer Ward Members Cycling Groups Motoring groups and representative organisations Motorists Disability groups. Business organisations Freight Quality Partnerships 9

10 6.10 Traffic surveys and photographs show that drivers frequently ignore the traffic restrictions and drive through the pedestrian town square rather than use appropriate routes such as the ring road. The ring road was provided in 2001 by the Council and extended in 2010 by Tesco at considerable expense to serve through traffic. The traffic surveys can be summarised as follows. WEEKDAY 9 hr average Calculated from 5 daily counts SATURDAY 9 hr Count 9am to 6pm BUSES TAXIS (including private hire) PEDAL CYCLE OTHER VEHICLES PEDESTRIANS ,051 5, ,195 8,618 A public consultation was undertaken in September on the use of CCTV enforcement and to revise the Traffic Regulation Orders to enable New Street, West Bromwich to operate as a Bus Only Street through the pedestrian town square. 10