Author Topic: The Deregulation Bill  (Read 13775 times)

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Offline The Bald Eagle

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The Deregulation Bill
« 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

If you click on the 4th March 2015 link (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

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

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

and pages 38 and 39 here: 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>


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Offline scalyback

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Re: The Deregulation Bill
« Reply #1 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.

Offline Overlord

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Re: The Deregulation Bill
« Reply #2 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.
« Last Edit: 05 March, 2015, 08:33:59 PM by Overlord »

Offline Coco

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Re: The Deregulation Bill
« Reply #3 on: 06 March, 2015, 10:56:11 AM »
BBC website 6 March 2015 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".

Offline Bazster

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Re: The Deregulation Bill
« Reply #4 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?

Offline The Bald Eagle

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Re: The Deregulation Bill
« Reply #5 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

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".



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.



"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."

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Offline Coco

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Re: The Deregulation Bill
« Reply #6 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.

Offline Bazster

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Re: The Deregulation Bill
« Reply #7 on: 06 March, 2015, 03:18:12 PM »
My tongue was firmly in my cheek!

Offline Ewan Hoosami

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Re: The Deregulation Bill
« Reply #8 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……………



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?


Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline DastardlyDick

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Re: The Deregulation Bill
« Reply #9 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

Offline Coco

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Re: The Deregulation Bill
« Reply #10 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!)

Offline Pat Pending

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Re: The Deregulation Bill
« Reply #11 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>
 
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline The Bald Eagle

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Re: The Deregulation Bill
« Reply #12 on: 17 March, 2015, 03:58:14 PM »
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>
WE ARE WATCHING YOU

Offline Ewan Hoosami

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Re: The Deregulation Bill
« Reply #13 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.

                             

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.


Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline The Bald Eagle

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Re: The Deregulation Bill
« Reply #14 on: 29 March, 2015, 03:27:34 PM »
The Bill got Royal assent on Friday and is enacted on 1st April.


WE WIN!
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