General Information
What's Decriminalisation of Parking Enforcement all about? Changes in the law mean that councils can take over the enforcement of all on-street parking controls. New legislation suggests that the government wants councils to be responsible for enforcing controls and restrictions.
Suffolk County Council has been granted by central government, the power to allow the Borough Council to enforce waiting and loading restrictions. Any driver who contravenes restrictions will be issued with a Penalty Charge Notice (PCN). If this is not paid, the debt will be pursued through civil rather than magistrates courts i.e. it is ‘decriminalised’.
Under DPE, the Government will decriminalise parking offences in Ipswich, making them a civil rather than criminal matter. Responsibility for enforcing parking controls will then pass to the County Council. The County and Borough Councils have agreed to work in partnership to deliver parking enforcement in the town.
What does ‘decriminalised’ parking enforcement mean?The difference lies in the details of the respective legislation.
Currently the Police are responsible for enforcing parking restrictions. Although police officers can and do take action to enforce parking controls, Traffic Wardens generally enforce parking restrictions in Ipswich. Any driver who parks illegally (such as on a double yellow line) is issued a Fixed Penalty Notice.
At present, if you are issued with a fixed penalty notice you have committed an offence and if you do not pay the notice, you can end up in a Magistrate’s Court, which is a criminal court.
With penalty charge notices associated with decriminalised enforcement, the “offence” is
decriminalised and you do not have recourse to the Magistrate’s Court system. Any unpaid debts will be pursued through a streamlined County Court system culminating in bailiff action.
The Road Traffic Act 1984 started the process when it became possible to transfer responsibility for enforcement in permitted parking places (e.g. car parks) from the police to the local authorities. Enforcing yellow line infringements remained the responsibility of the police. They are still responsible for ticketing offences such as obstruction (e.g. blocking a street) and offences committed by moving vehicles.
The Road Traffic Act 1991 allowed local authorities to take over all enforcement (excluding obstruction and moving vehicle offences) although it was only in fact permitted in the London Boroughs to begin with (from July 1994). The results from London were then assessed and gradually authorities from outside London began to follow suit. Guidelines were published in 1995 setting out advice for the local authorities on managing the new system.
Why are you introducing DPE? As the Police Force has many other responsibilities, parking enforcement has a lower priority than crime fighting and other traffic offences. With the local authority taking on the enforcement of waiting and loading restrictions, local councillors will have the opportunity to provide enforcement to meet local needs.
Parking needs to be managed to make sure Ipswich keeps on the move. DPE will enable the councils to target key commuter routes and known problem areas to:
- It will be safer for drivers and pedestrians since the new focus on enforcement means clearer roads and pavements;
- With fewer illegally parked cars there will be fewer accidents, better traffic flow and accessibility, because the focus of enforcement will be on lessening inconsiderate and dangerous illegal parking in order to improve safety and minimise congestion;
- Emergency and service vehicles will be able to operate more effectively in narrow roads and low floor buses will be able to reach the kerb at bus stops since fewer inconsiderately parked vehicles will be in their way;
- The general environment will improve by providing a more environmentally efficient transport system in terms of reducing congestion, energy conservation; use of other modes of transport, will be encouraged such as walking and cycling (healthy options);
- Sensible and safe parking within Ipswich will be encouraged – as will greater compliance with Traffic Regulations. The regulations will not change but will have greater significance;
- Parking provision will become more responsive to the public’s needs because the local Council will control both provision and management of parking;
- Single responsibility for parking means greater clarity to the public. The council’s integrated transport strategy with local policies can be linked to local issues in enforcement. Since income will come to the council, any surpluses after reasonable running costs can be spent on transport projects in the local area;
- Police resources able to concentrate on other priorities.
In other words, Keeping Ipswich Moving Safely.