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General Category => General No To Mob Discussion => Topic started by: The Bald Eagle on 05 March, 2015, 04:11:40 PM

Title: The Deregulation Bill
Post by: The Bald Eagle on 05 March, 2015, 04:11:40 PM
The Deregulation Bill has had its third and final reading in the House of Lords and has now progressed to the stage they call "ping pong". See: http://services.parliament.uk/bills/2014-15/deregulation/stages.html (http://services.parliament.uk/bills/2014-15/deregulation/stages.html)

If you click on the 4th March 2015 link (http://www.publications.parliament.uk/pa/ld201415/ldhansrd/text/150304-0001.htm#15030469000036 (http://www.publications.parliament.uk/pa/ld201415/ldhansrd/text/150304-0001.htm#15030469000036)) you will see that there are no proposed amendments concerning the banning of CCTV for parking.

This is confirmed here: http://www.publications.parliament.uk/pa/bills/cbill/2014-2015/0183/15183.1-7.html (http://www.publications.parliament.uk/pa/bills/cbill/2014-2015/0183/15183.1-7.html)

The relevant (for our purposes) part of the bill that is now subject to ping ponging is contained at section 52 on pages 45 and 46 here: http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0095/15095.pdf (http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0095/15095.pdf)

For ease of reference this is what it says:

52 Civil penalties for parking contraventions: enforcement

(1) Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic contraventions) is amended as follows.

(2) After section 78 (notification of penalty charge) insert—

78A Notification of penalty charge: parking contraventions in England

(1) Regulations under section 78 must include provision requiring notification of a penalty charge to be given by a notice affixed to the vehicle where the charge is in respect of a parking contravention on a road in a civil enforcement area in England.

(2) The regulations may, however, provide that the requirement does not apply in circumstances specified
in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way) and, where the regulations so provide, they may make any such alternative provision for notification as is authorised by section 78.”

(3) After section 87 insert—

"87A Power to prohibit use of devices etc: parking contraventions in England

(1) The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England.

(2) The prohibition may be—
(a) general, or
(b) limited to particular uses specified in the regulations.

(3) The regulations may provide that a general or limited prohibition does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way).

(4) Regulations under this section may amend this Part or any provision made under it.”

The amendment that bans the use of cctv for parking was introduced on 25 June 2014 at section 38. See: http://services.parliament.uk/bills/2014-15/deregulation/documents.html (http://services.parliament.uk/bills/2014-15/deregulation/documents.html)

and pages 38 and 39 here: http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0033/15033.pdf (http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0033/15033.pdf)

You will note that despite frantic lobbying by the BPA Ltd, local authorities and various other bodies with an interest in hanging on to this highly lucrative revenue stream, not a single word, punctuation mark, bolding, or indeed anything at all has been changed from when it was first introduced, apart from the Bill section number.


Nearly there boys and girls. Nearly there. <Thumbsup>



Title: Re: The Deregulation Bill
Post by: scalyback on 05 March, 2015, 04:43:47 PM
FOR SALE:- One white un-smart car with telescopic mast. Could be used as an amiture radio shack or for clothes drying on picnics. May be collected from Shitford council, Bollockshire.
Title: Re: The Deregulation Bill
Post by: Overlord on 05 March, 2015, 08:28:05 PM
Nearly there boys and girls. Nearly there. <Thumbsup>

 <Woohooo> :aplude: :aplude: :aplude: As I've said before, greed has been the downfall of many a criminal, and councils and their parking contractors have definitely been greedy. If they had exercised a little more discretion and curbed their contractors' hunger for money, maybe this legislation would not have been necessary. I'm afraid they have only themselves to blame.
Title: Re: The Deregulation Bill
Post by: Coco on 06 March, 2015, 10:56:11 AM
 BBC website 6 March 2015  (http://www.bbc.co.uk/news/uk-31759767) My observations in  red .

Drivers in England will get 10 minutes' grace before being fined if they stay too long in council-owned car parking spaces, the government has announced.

It is one of several changes, expected to take effect later this month, which include new restrictions on the use of CCTV cars issuing automatic fines.

Communities Secretary Eric Pickles said he wanted to end the "war on drivers".

But councils said many  already allowed 10 minutes' leeway and raised concerns about the safety of other changes.

The changes include:

guidance for councils reminding them they are banned from "using parking to generate profit"
a right for residents and businesses to demand - by a petition - that a council "reviews parking in their area"
new powers for parking adjudicators so they can "hold councils to account"
protection to stop drivers being fined after parking at out-of-order meters
a ban on the use of CCTV "spy cars" except in no-parking areas such as bus lanes and near schools
Mr Pickles said: "We are ending the war on drivers who simply want to go about their daily business.

"For too long parking rules have made law-abiding motorists feel like criminals, and caused enormous damage to shops and businesses.

"Over-zealous parking enforcement undermines our town centres and costs councils more in the long term."

'Roads chaos'

Councillor David Sparks, chairman of the Local Government Association said the government should be concentrating more on road safety issues rather than "looking to micromanage parking".

He said: "Many councils (Really? - how many?)already allow grace periods of 10 minutes for drivers who overstay their parking ticket. Equally, councils know parking restrictions cannot be used to make a profit but are there to stop chaos on our roads.

"We are concerned that government has rushed through today's announcement (Oh yeah? - "rushed through" after over two years consultation during which the LGA failed to produce any credible argument against the measures!)  and failed to fully consult councils on the detail of the regulation."

He said he was concerned about the decision to ban the use of CCTV on zebra crossings. (More bull**** from the LGA? Or is David Sparks unaware that zebra crossing offences are enforced by the police?)

"Beyond the headlines, what is particularly worrying is the detail of these proposals which could make roads less safe for vulnerable pedestrians and inconvenience millions of motorists and commuters," he said. Actually, what is particularly worrying is that the LGA believes that CCTV has any effect on road safety when the reality is that CCTV can only be used for punishment after a contravention occurs

According to figures from the RAC Foundation, councils in England made a combined surplus of £667 million from their on and off-street parking operations in 2013-14.

By law, any surplus councils make from parking fees must be ploughed back into transport projects such as road improvements.

'Ease tensions'

Director Prof Stephen Glaister said motorists did not care how parking regulations were enforced as long as it was done fairly.

"For such a minor part of our lives parking generates a huge amount of frustration and anger," he said.

"Allowing a grace period will help ease tensions and make everyone's lives easier.

"The shame is that we have required ministerial intervention to tackle the 'rules are rules' culture which can result in heavy handed and disproportionate penalties."

The changes come from new laws, guidance to councils and use of a statutory instrument - through which ministers can make rules without an act of Parliament.

AA president Edmund King also welcomed the announcement.

He said: "This is a common sense move. All too often there are discrepancies between the car clock, the civic clock, the pay-and-display clock, the parking attendant's clock and the driver's watch, which all result in disputed tickets.

He added it was counter-productive to have parking attendants "hiding in doorways to issue tickets the minute a ticket runs out, as this deters drivers from shopping in the high street".
Title: Re: The Deregulation Bill
Post by: Bazster on 06 March, 2015, 11:21:18 AM
Given Patrick Trouserfire's relentless crusading to have private fake fines put on the same basis as statutory penalties I guess we can now expect a mandatory 10-minute grace period to be included in the BPA Code of Practice, right?
Title: Re: The Deregulation Bill
Post by: The Bald Eagle on 06 March, 2015, 01:31:11 PM
Just waiting for the Queen's (God bless her) signature now and then the party can really begin. :party:

-----------------------------------------------------------------------------------

http://news.sky.com/story/1439655/new-parking-ticket-rules-end-war-on-drivers (http://news.sky.com/story/1439655/new-parking-ticket-rules-end-war-on-drivers)

New Parking Ticket Rules End 'War On Drivers'

Changes in the law aim to bring an end to decades of complaints from motorists about "over-zealous parking enforcement".

(http://media.skynews.com/media/images/generated/2014/12/12/356083/default/v3/51030847-1-762x428.jpg)

Drivers are to get ten minutes' grace before being given a ticket if they stay too long on council parking spots.

The changes in the law in England are expected to come in within weeks and will apply to all on-street and off-street council parking spots.

Other measures in the Deregulation Bill include a right for residents and local firms to demand their council reviews parking in their area.

CCTV camera cars that automatically issue parking fines are to be made illegal - apart from in areas near schools and in bus lanes.

Communities Secretary Eric Pickles said: "We are ending the war on drivers who simply want to go about their daily business.

(http://media.skynews.com/media/images/generated/2014/6/21/318039/default/v1/spy-car-1-762x428.jpg)

"For too long parking rules have made law-abiding motorists feel like criminals, and caused enormous damage to shops and businesses.

"Over-zealous parking enforcement undermines our town centres and costs councils more in the long term."

Fines at out-of-order parking meters when there is no alternative way to pay will also be scrapped.

And councils will also be given more guidance that they cannot use parking fines to make a profit.

Transport Secretary Patrick McLoughlin said: "These measures will deliver a fairer deal for motorists and help boost the high street by ensuring that parking enforcement is proportionate, while also protecting schoolchildren and keeping key routes and bus lanes clear."

Title: Re: The Deregulation Bill
Post by: Coco on 06 March, 2015, 01:37:22 PM
Given Patrick Trouserfire's relentless crusading to have private fake fines put on the same basis as statutory penalties I guess we can now expect a mandatory 10-minute grace period to be included in the BPA Code of Practice, right?

Whilst there is a certain appeal for this idea I doubt that it will happen. If private parking enforcement was put on the same basis as Local Authority enforcement Choccy's Chums would have to remove their beloved CCTV cameras and employ real live "foot soldiers" to issue charge notices.
Title: Re: The Deregulation Bill
Post by: Bazster on 06 March, 2015, 03:18:12 PM
My tongue was firmly in my cheek!
Title: Re: The Deregulation Bill
Post by: Ewan Hoosami on 06 March, 2015, 03:30:55 PM
When the latest LGA spokesweasel said many councils already have a 10 minute grace period, what he actually meant was……………

(http://www.cornishman.co.uk/images/localworld/ugc-images/276350/Article/images/25979916/9435131-large.jpg)

On the highly unlikely off chance that target chasing NSL weasels would actually wait 10 minutes before making out a PCN, Why would the LGA spokesweasel object to the government legislating something that he claims already exists?

(http://notomob.co.uk/discussions/Smileys/SoLoSMiLeYS1/Bovine_excrement_meter.gif)
Title: Re: The Deregulation Bill
Post by: DastardlyDick on 06 March, 2015, 05:28:21 PM
Fantastic News - Congratulations to all involved in getting this through  :aplude:  :aplude:  :aplude:  <Thumbsup>

Is there a prize for spotting CoCo's deliberate error re. David Sparks?  ;D
Title: Re: The Deregulation Bill
Post by: Coco on 06 March, 2015, 05:45:54 PM
Is there a prize for spotting CoCo's deliberate error re. David Sparks?  ;D


Congratulations Dick! The prize is a beer at the NoToMob celebration meet or - if you aren't there - a beverage of your choice when next we meet!

(NOTE: Deliberate mistake now corrected to prevent further prize claims!) (http://notomob.co.uk/discussions/Smileys/SoLoSMiLeYS1/pmsl.gif)
Title: Re: The Deregulation Bill
Post by: Pat Pending on 06 March, 2015, 08:41:43 PM
I listened to Eric Pickles on Radio 2 today whilst driving back from up North, he gave our a very fair and reasoned argument for the changes which are about to become set in stone.  However the idiot they put on afterwards is the reason these changes needed to made!!!
It is this mentality that allowed the Local Authorities to Tax Farm the motorist in the first place.  <Swearyangry> <Swearyangry> <Swearyangry>
I think his name was Sparks. NOT a bright spark that's for sure. <bashy2> <bashy2> <bashy2>
 
Title: Re: The Deregulation Bill
Post by: The Bald Eagle on 17 March, 2015, 03:58:14 PM
http://services.parliament.uk/bills/2014-15/deregulation.html (http://services.parliament.uk/bills/2014-15/deregulation.html)

"Both Houses have agreed on the text of the Bill which now waits for the final stage of Royal Assent when the Bill will become an Act of Parliament. A date for Royal Assent is yet to be scheduled."

NEARLY THERE BOYS AND GIRLS. NEARLY THERE. <dancingbanana> <dancingbanana> <dancingbanana> :party: <dancingbanana> <dancingbanana> <dancingbanana>
Title: Re: The Deregulation Bill
Post by: Ewan Hoosami on 17 March, 2015, 06:44:17 PM
I can almost hear the unmistakeable chink of glasses as the beers are being lined up along the bar.

(http://www.freesmileys.org/smileys/smiley-eatdrink004.gif) (http://www.freesmileys.org/smileys.php)          (http://www.freesmileys.org/smileys/smiley-eatdrink005.gif) (http://www.freesmileys.org/smileys.php)          (http://www.freesmileys.org/smileys/smiley-eatdrink007.gif) (http://www.freesmileys.org/smileys.php)          (http://www.freesmileys.org/smileys/smiley-eatdrink009.gif) (http://www.freesmileys.org/smileys.php)

Incidentally, I know you don't partake in publications that feature tits on page 3 but there was an interesting mind-numbing article on page 8 of February's Parking Snooze. The final sentence went,

"The BPA (Ltd, mustn't forget the Ltd) will continue to lobby peers and seek further amendments as the bill continues its[sic] passage to Royal Assent."

Bless their little cottons, they still think they're taken seriously.


https://www.youtube.com/watch?v=QK1UYQQAqxo (https://www.youtube.com/watch?v=QK1UYQQAqxo)
Title: Re: The Deregulation Bill
Post by: The Bald Eagle on 29 March, 2015, 03:27:34 PM
The Bill got Royal assent on Friday and is enacted on 1st April.


WE WIN!
Title: Re: The Deregulation Bill
Post by: Ewan Hoosami on 29 March, 2015, 03:40:59 PM
Aye, we did, didn't we? Don't hog all the limelight though as we did have a bit of help from our friends in Haywards Heath.

(http://notomob.co.uk/discussions/Smileys/SoLoSMiLeYS1/Mutley.gif)
Title: Re: The Deregulation Bill
Post by: The Bald Eagle on 29 March, 2015, 03:44:36 PM
Maybe they're counting on the De-Regulation Bill not becoming Law?

This is looking (IMHO) increasingly likely if you look at the Parliamentary timetable:-

Parliament will dissolve on 30th March, and last time I looked, the Bill was still in the Report Stage in the House of Lords, after which it has to go back to both Houses for ammendments to be approved/rejected and both House have to agree on the exact wording, after which it has to get Royal Assent. There is no set time for either the Report Stage or the ammendment stage and there is no set time between ammendments and Royal Assent. Parliament goes not sit at weekends, so there are about 40 days left.

I do hope I'm wrong about all this, especially after all the hard work that's been done, but I'll be keeping the champers on ice for the time being.

Oh ye of little faith.

Crack open that champagne Dickie boy. Job's a good 'un.


<dancingbanana> :party: :smiley-dance017: <woohoobanana> <celebration> <bigdancingbanana> <RuleBrittania> <Yes!> <Yes!> <Yes!> <Yes!> <Yes!> <Yes!> <Yes!> <Yes!> <Yes!> <Yes!>
Title: Re: The Deregulation Bill
Post by: scalyback on 29 March, 2015, 04:50:43 PM
YAY!,

I could go lick a ferret!
Title: Re: The Deregulation Bill
Post by: Coco on 29 March, 2015, 05:28:31 PM
YAY!,

I could go lick a ferret!

But not, I hope, a weasel! :pmsl:
Title: Re: The Deregulation Bill
Post by: 2b1ask1 on 29 March, 2015, 06:24:48 PM
Bloody good job to all concerned and Eric for getting it through within the 5 years in office! Now for the same with private land...
Title: Re: The Deregulation Bill
Post by: Pat Pending on 29 March, 2015, 09:42:53 PM
Superb result......... Now for the private weasels & their lackeys!   :party: :party: :party:
Title: Re: The Deregulation Bill
Post by: Ewan Hoosami on 29 March, 2015, 11:33:20 PM
Aye, we're all prepared for that bit of business Pat. We'll be attending to that straight after the NoToMob members dinner (that's just like the BPA Ltd members dinner except that it's proper value for money, really enjoyable, you won't be surrounded by supercilious pricks and the staff won't spit in your food before serving it).

(http://www.freesmileys.org/smileys/smiley-eatdrink060.gif) (http://www.freesmileys.org/smileys.php)
Title: Re: The Deregulation Bill
Post by: Overlord on 30 March, 2015, 11:16:01 AM
It's official then? Brilliant! I imagine this will earn a good few brownie points for the Conservative party at the General Election. But snatching back the specially converted cars from the disabled will probably negate those gains. Still, congratulations to Eric Pickles for getting this through and of course to everyone concerned for all their hard work. Let's hope that whoever gets into government in May will continue along this line!
  <Yes!> <Yes!> <Yes!> :party: :party: Bye bye you greedy bastards.


(http://notomob.co.uk/discussions/index.php?action=dlattach;topic=5092.0;attach=5536;image)
Title: Re: The Deregulation Bill
Post by: Ewan Hoosami on 30 March, 2015, 01:59:49 PM
Hope you didn't mind me editing your post again. Your attachment was almost as big as Patrick Trouser-Fire's ego so could only be fully seen from the fringe of space. As for hoping the new government will continue the good work I will be surprised if they don't. Public awareness (and outrage) is now sufficiently heightened that any government would be foolish in the extreme to ignore the many issues.

(http://notomob.co.uk/discussions/Smileys/SoLoSMiLeYS1/Hatoff.gif)
Title: Re: The Deregulation Bill
Post by: BGB on 30 March, 2015, 02:02:09 PM
Am I missing something?

It appears that the restrictions on the use of approved devices have yet to be enacted.

As far as I can see, this will be through:

The Civil Enforcement of Parking Contraventions (England) General ( Use of Approved Devices Amendment) Regulations 2015 which do not yet appear to have been made.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409821/150305_Civil_Enforcement_of_Parking__England__General__Use_of_Approved_Devices_Amendment__Regulations_2015.pdf (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409821/150305_Civil_Enforcement_of_Parking__England__General__Use_of_Approved_Devices_Amendment__Regulations_2015.pdf)

If so then the champagne needs to be kept on ice for the time being.

Title: Re: The Deregulation Bill
Post by: BGB on 30 March, 2015, 02:12:57 PM
Here is the Deregulation ACT 2015

http://www.legislation.gov.uk/ukpga/2015/20/pdfs/ukpga_20150020_en.pdf (http://www.legislation.gov.uk/ukpga/2015/20/pdfs/ukpga_20150020_en.pdf)
Title: Re: The Deregulation Bill
Post by: BGB on 30 March, 2015, 02:19:02 PM
And here is the legislation on the 10 min grace period.

http://www.legislation.gov.uk/uksi/2015/561/pdfs/uksi_20150561_en.pdf (http://www.legislation.gov.uk/uksi/2015/561/pdfs/uksi_20150561_en.pdf)
Title: Re: The Deregulation Bill
Post by: Coco on 30 March, 2015, 03:01:30 PM
Am I missing something?

It appears that the restrictions on the use of approved devices have yet to be enacted.

As far as I can see, this will be through:

The Civil Enforcement of Parking Contraventions (England) General ( Use of Approved Devices Amendment) Regulations 2015 which do not yet appear to have been made.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409821/150305_Civil_Enforcement_of_Parking__England__General__Use_of_Approved_Devices_Amendment__Regulations_2015.pdf (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409821/150305_Civil_Enforcement_of_Parking__England__General__Use_of_Approved_Devices_Amendment__Regulations_2015.pdf)

If so then the champagne needs to be kept on ice for the time being.

Possibly a valid point BGB. However, a new version of the Statutory Guidance has been issued  (Please see here) (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/416619/final-statutory-guidance.pdf)

The new regime is also contained in the Operational Guidance to Local Authorities. (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/416617/operational-guidance.pdf) Interestingly this publication still refers to the inclusion of a tax disc number!
Title: Re: The Deregulation Bill
Post by: BGB on 30 March, 2015, 03:26:39 PM
Am I missing something?

It appears that the restrictions on the use of approved devices have yet to be enacted.

As far as I can see, this will be through:

The Civil Enforcement of Parking Contraventions (England) General ( Use of Approved Devices Amendment) Regulations 2015 which do not yet appear to have been made.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409821/150305_Civil_Enforcement_of_Parking__England__General__Use_of_Approved_Devices_Amendment__Regulations_2015.pdf (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409821/150305_Civil_Enforcement_of_Parking__England__General__Use_of_Approved_Devices_Amendment__Regulations_2015.pdf)

If so then the champagne needs to be kept on ice for the time being.

Possibly a valid point BGB. However, a new version of the Statutory Guidance has been issued  (Please see here) (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/416619/final-statutory-guidance.pdf)

The new regime is also contained in the Operational Guidance to Local Authorities. (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/416617/operational-guidance.pdf) Interestingly this publication still refers to the inclusion of a tax disc number!

Paragraph 8.7 (p18) indeed states:
"...From 1 April 2015 penalty charge notices must not [35] be served by post on the basis of evidence from an approved device other than when vehicles are parked on:
• a bus lane;
• a bus stop clearway or bus stand clearway;
• a Keep Clear zig-zag area outside schools; or
• a red route.
"

Footnote 35 (giving the legal basis for this) states:

"35 S.I. 2007/3483, as amended by The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations (No.2) 2015"

However, google does not find any such regulations.
Title: Re: The Deregulation Bill
Post by: Ewan Hoosami on 30 March, 2015, 06:52:15 PM
No, it doesn't. It seems the amended statutory instrument has not yet been thrown onto the web. The original (which was bastardised out of all proportion, hence the Dereg Bill, weasels take note) is on the web,

http://www.legislation.gov.uk/uksi/2007/3483/made (http://www.legislation.gov.uk/uksi/2007/3483/made)

You'll see that the 'Latest available (Revised)' button is greyed out and not clickable. I must assume that the amendments, although in force, have not yet been updated on the web. This will probably happen real soon and hopefully before Wednesday so that all the little weasels are singing from the same song sheet. The main thing is that the Statutory and Operational Guidance is out there with all the 'shoulds' changed to 'musts', all the 'i's dotted and 't's crossed.

Meanwhile, the NoToMob's expert research team are keeping an eye on things and as soon as amendments are published they will be back with their findings.

(http://stream1.gifsoup.com/view8/4784130/clangers-o.gif)
Title: Re: The Deregulation Bill
Post by: scalyback on 30 March, 2015, 06:55:25 PM
GOOGLE does not find any of my websites on the servers, but it does acknowledge they are crawled.

I'd go try another web search!
Title: Re: The Deregulation Bill
Post by: scalyback on 30 March, 2015, 06:58:24 PM
See?

Even Yahoo France has got it!

Title: Re: The Deregulation Bill
Post by: newham sux on 30 March, 2015, 07:47:53 PM
 <Yes!> Congrats all round, well done and good job :)  <Yes!>

I was a little surprised to see this though. 

12.7 The Secretary of State recommends that enforcement authorities use a
balanced service level agreementor model contract, such as the one
developed by the British Parking Association.

 W:T:F:

Normal life to be restored to the UK. :)
Title: Re: The Deregulation Bill
Post by: BGB on 31 March, 2015, 05:02:57 PM
Here is the Deregulation ACT 2015

[url]http://www.legislation.gov.uk/ukpga/2015/20/pdfs/ukpga_20150020_en.pdf[/url] ([url]http://www.legislation.gov.uk/ukpga/2015/20/pdfs/ukpga_20150020_en.pdf[/url])


I've found it now.

http://www.legislation.gov.uk/uksi/2015/1001/pdfs/uksi_20151001_en.pdf (http://www.legislation.gov.uk/uksi/2015/1001/pdfs/uksi_20151001_en.pdf)
Title: Re: The Deregulation Bill
Post by: The Bald Eagle on 02 April, 2015, 05:34:20 PM
This is a no nonsense explanation of why the Government did what it did when implementing its reforms. My comments are in square brackets and in blue.

EXPLANATORY MEMORANDUM TO THE CIVIL ENFORCEMENT OF PARKING CONTRAVENTIONS (ENGLAND)
GENERAL (AMENDMENT No. 2) REGULATIONS 2015


2015 No. 1001

1. This explanatory memorandum has been prepared by the Department for Communities and Local Government and is laid before Parliament by Command of Her Majesty. This memorandum contains information for the Joint Committee on Statutory Instruments.

2. Purpose of the instrument

2.1 These Regulations amend the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 to require that a penalty charge notice in respect of a parking contravention on a road be served by fixing it to the vehicle, except in certain cases. They also make consequential amendments to the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007.

3. Matters of special interest to the Joint Committee on Statutory Instruments

3.1 Unfortunately it has not been possible to meet the 21-day rule in this case. Royal Assent for the Deregulation Act 2015 (which amended the enabling powers for these Regulations) was not given until 26th March 2015. The reasons why the Government considered it necessary to commence the Regulations on 1st April 2015 are set out below in section seven.

4. Legislative Context

4.1 The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 make provision for, among other matters, the civil enforcement of parking in England, including Greater London. The 2007 Regulations were made using powers under the Traffic Management Act 2004.

4.2 These Regulations are made following amendment of the powers in the Traffic Management Act 2004 by the Deregulation Act 2015 (see section 53 of that Act). The 2004 Act was amended to allow for regulations to be made which tighten the circumstances in which CCTV may be used as the sole evidence for issuing a parking contravention notice (see section 78A). The amendments to the Traffic Management Act 2004 also include provision for prohibiting the use of CCTV for on-street parking enforcement entirely (see section 87A). However, these Regulations do not make use of this latter power.

4.3 Making use of the section 78A powers in the Traffic Management Act 2004, these Regulations provide for prescribed circumstances in which the use of CCTV and service of parking contravention notices by post are deemed to be appropriate in the context of on-street parking. Other than these prescribed circumstances the general position is that CCTV evidence alone cannot be used to issue a parking contravention notice by post.
Separate provision is made in relation to off-street parking.

4.3 These regulations also make consequential amendment to the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 to update these in line with the amendments made to the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 by these Regulations.

5. Territorial Extent and Application

5.1 This instrument applies to England.

6. European Convention on Human Rights

6.1 As the instrument is subject to negative resolution procedure and does not amend primary legislation, no statement is required.

7. Policy background

7.1 This instrument will restrict local authorities from issuing parking tickets in the post based solely on evidence from CCTV cameras. Once the regulations are in place, traffic wardens will need to either affix tickets physically to the vehicle, or hand the ticket to the person that appears to be in charge of the vehicle.

7.2 Parking issues and in particular over zealous enforcement by local authorities are a matter of significant public concern and have been a priority for Ministers. The independent adjudication services have also had concerns that local authorities are not using their powers in accordance with the guidance1 [It is worth noting that the provision in the 2004 Statutory Guidance which stated "The Secretary of State recommends that approved devices are used only where enforcement is difficult or sensitive and CEO enforcement is not practical. Approved devices should not be used where permits or exemptions (such as resident permits or Blue Badges) not visible to the equipment may apply.", appears in the 2015 Guidance in a slightly amended version which states "8.8 Where approved devices may be used, the Secretary of State recommends that approved devices are used only where enforcement is difficult or sensitive and enforcement by a civil parking officer is not practical." In light of the Government's criticism of councils' previous abuses of the earlier Statutory Guidance in this memorandum, it will be interesting to see whether adjudicators will continue to allow councils to ignore 8.8 in the new Statutory Guidance . In its written evidence to the Transport Select Committee in 2013, the Traffic Penalty Tribunal said, “Adjudicators have found cases where camera enforcement appears to be used as a matter of routine where the strict requirements for use in the Guidance do not appear to be present.”2 The Transport Select Committee felt sufficiently persuaded by the evidence that it went so far as to recommend3 that Government should act to halt the proliferation in the use of CCTV.

7.3 Ministers are concerned that this overuse of CCTV has unfair consequences on the public. An individual accused via CCTV misses an initial opportunity to receive discretion; an opportunity that is available to someone who is observed by a Civil Enforcement Officer (CEO). It is also unfair because drivers receive penalty notices in the post weeks later, with no opportunity to examine the parking location as it was at the time of the alleged contravention. Signs may have been obscured or fallen down, and lines could have been hidden – which could change before the driver can return to inspect the location.

7.4 The Government believes that powers are not being used as originally intended. Statutory Guidance requires that “approved devices are used only where enforcement is difficult or sensitive and CEO enforcement is not practical”. Operational Guidance states that, “Motorists may regard enforcement by cameras as over-zealous and authorities should use them sparingly.” Eighty-four local authorities now operate some form of parking enforcement under approved device certification; this equates to approximately 25% of all local authorities with civil parking enforcement powers, suggesting that use has become widespread and beyond the original intention. [This goes directly to what I said above and would appear to be an open invitation to adjudicators to take a much tougher line with councils who persist with using $cameras where a foot patrol CEO can be easily dispatched.]

7.5 These legislative changes are intended to be a proportionate response to this. With local authorities seeming to ignore guidance , Ministers felt something more robust than tightened guidance would be necessary [Here we go again]. By requiring a notice to be affixed to the vehicle whilst retaining the possibility of using CCTV and service by post in certain cases (such as contraventions outside schools and along red routes), Ministers consider the right balance will be struck between ensuring safety and traffic flow, whilst ensuring CCTV is not used excessively.

7.6 This is a key political priority of this Government, and Ministers want to ensure that their public commitments to take action on this issue are given effect before Parliament dissolves. It is important that the law is changed as quickly as possible; the delay between announcing the intention to legislate and the legislation coming into force has caused significant confusion amongst the public and it is important certainty can be given.

7.7 A related statutory instrument on parking has been laid. This amendment to the Traffic Management Act 2004 will introduce a ten minute grace period before a penalty charge notice can be served. This will apply at the end of paid-for and free on-street parking in England, and also to local authority owned or operated car parks. The instrument will come into force on 6 April 2015. Further information can be found at:
http://www.legislation.gov.uk/uksi/2015/561/contents/made. (http://www.legislation.gov.uk/uksi/2015/561/contents/made.)

8. Consultation outcome

8.1 A three-month consultation was carried out between December 2013 and February 2014. 836 responses to the consultation were received; 58% from individuals, 39% from organisations and 3% did not say whether they were individuals or organisations. Local authorities, cycling groups, schools, bus operators and disabled groups were against a ban on the use of CCTV. Motoring groups and businesses were more supportive, but said CCTV still had some role to play in enforcing on-street parking. On the basis of the responses to the consultation, the Government decided not to impose an outright ban on the use of CCTV cameras to on-street enforce parking contraventions. The consultation showed that many respondents argued for some CCTV use to be retained where there are clear safety or serious congestion issues such as outside schools, in bus lanes and on red routes. These exemptions are set out in the instrument. The consultation document and the Government’s response are available at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/322495/res (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/322495/res)
ponse-parking-consultation.pdf.

9. Guidance

9.1 The Secretary of State for Transport's statutory guidance to local councils on the civil enforcement of parking contraventions will be updated to reflect the new requirement.

10. Impact

10.1 The impact on business will be limited to businesses that provide services to local authorities that use CCTV to enforce on-street parking [i.e. the perpetrators of the abuse that has brought about this action by the Government]. These businesses may need to renegotiate existing contracts with local authorities [Tough titty]. The impact on charities or voluntary bodies is nil.

10.2 The impact on the public sector will be to those local authorities that use CCTV to enforce on-street parking. These authorities may need to renegotiate existing contracts with service providers, which could come at a cost. There may be a need to employ additional traffic wardens to enforce in areas that were previously enforced using CCTV [Or, as suggested in our submissions to the consultation and our letter to London Councils, they could flog their $cars and use the savings to pay for more CEOs to provide enforcement where it "is difficult or sensitive and enforcement by a civil parking officer is not practical"]..

10.3 An Impact Assessment has not been prepared for this instrument.

11. Regulating small business

11.1 The legislation does not apply to small business.

12. Monitoring & review

12.1 There is no specific plan to review the impact of this instrument, however officials will monitor the impact on an ongoing basis; working alongside industry bodies and local authority representative groups [And I'm sure we look forward to working alongside the Government and can provide them with plenty to think about. Not sure the industry and local authorities will be so keen with our involvement though.  ;)].

13. Contact

John Osborne at the Department for Communities

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1 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/416617operationalguidance.pdf (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/416617operationalguidance.pdf)
2 http://www.publications.parliament.uk/pa/cm201314/cmselect/cmtran/118/118.pdf (http://www.publications.parliament.uk/pa/cm201314/cmselect/cmtran/118/118.pdf) (p.143)
3 Ibid (p.4 and p.29)
Title: Re: The Deregulation Bill
Post by: Ewan Hoosami on 02 April, 2015, 06:08:00 PM
………...Not sure the industry and local authorities will be so keen with our involvement though.  ;).


They ain't here to be keen. They're here to obey the law or face the consequences. NoToMob are the consequences.

(http://notomob.co.uk/discussions/Smileys/SoLoSMiLeYS1/Kneelsuckers.gif)


Vidi Vici Veni!  (I did in fact get a bit more excited than most when the results came in)