Questions and answers – consultation on new powers to improve road safety
Consultation closed: Thursday 4 August 2022
Consultation opened: Thursday 23 June 2022
Why are we taking on these enforcement powers?
We are applying to take on these enforcement powers to improve the road network in Central Bedfordshire.
Bedfordshire Police currently has the authority to enforce moving traffic offences and this change will allow the police to focus on other policing priorities. Each site enforced must help achieve at least one of the following objectives:
- improve road safety
- tackle congestion on our roads
- increase public transport reliability
- improve air quality
- increase the lifespan of highway assets
How did we decide on the proposed 9 pilot sites?
Along with intelligence gathered from surveys, reports and inspections, we conducted a desk-based survey based on the Department for Transport criteria to select the 9 proposed sites.
These criteria include:
- all moving traffic restrictions to be enforced must be underpinned by accurate traffic regulation orders where applicable and indicated by lawful traffic signs and road markings
- officer intelligence regarding contraventions identified through customer engagement and feedback and prioritised taking into account safety concerns
- identifying a range of different moving traffic offences to pilot
- sites are enforceable by automated number plate recognition (ANPR) cameras
When will we start using the powers?
The start date is dependent on the legislation and the parliamentary timeline. We estimate that the enforcement powers will come into effect in 2023. When we are ready to begin enforcing this will be widely publicised and warning notices will be issued for first-time offences for a period of 6 months following the ‘go live’ date.
How will we enforce the offences?
The government has issued guidelines that regulate how councils must enforce moving traffic offences. We will install ANPR cameras at sites, subject to feasibility, and penalty charge notices (PCNs) will be issued via post to the registered keeper of the vehicle. For the first 6 months of operation warning notices rather than PCNs will be sent for first-time offences.
Will drivers be able to challenge penalty charge notices (PCNs) issued for these offences?
Yes. Challenges must be in writing and within the timescales set out on the PCN. Full details of how to appeal will be included in the PCN issued to the registered keeper. For the first 6 months of operation, warning notices (rather than PCNs) will be sent for first-time offences.
Will the powers be used at more sites in time?
If this pilot proves successful, it is possible that powers could be introduced at additional sites. However, these would need to be assessed against the criteria outlined in this consultation document and would also be subject to public consultation.
What will the council do with any income generated by fines?
Safety is our priority and we are applying for these powers to make a difference on our highway network rather than as a source of financial income.
Should there be any surplus income once the operational costs have been met, it will be used for highway improvement projects in line with strict government guidelines. This funding will only be used for projects that help achieve the following objectives:
- improve road safety
- tackle congestion on our roads
- increase public transport reliability
- improve air quality
- increase the life span of the highway assets