Report of the Strategic Director (Neighbourhoods) and Head of Network Management attached

The Executive considered a report of the Strategic Director (Neighbourhoods), which provided an overview of changes in legislation which allowed local highways authorities to enforce moving traffic offences such as no entry, yellow boxes, banned turns, traffic restrictions and environmental weight limits.

The Executive Member for Environment explained that Government had committed to making the moving traffic enforcement powers, under Part 6 of the Traffic Management Act (TMA) 2004, available to local authorities outside London. The regulations giving effect to these powers were laid in Parliament on 27 January 2022 and came into effect on 31 May 2022.  In making these powers available, the legislative opportunity had also been taken to consolidate, under the 2004 Act, the existing civil enforcement regimes for bus lane contraventions (outside London currently under 2005 regulations made under the Transport Act 2000) together with parking contraventions (England-wide currently under 2007 regulations made under the 2004 Act).

These powers enabled the Council as the highway authority to enforce certain moving vehicle offences such as no entry, yellow boxes, banned turns, traffic restrictions and environmental weight limits

An initial list of 15 enforcement sites was identified based on suggested problem areas provided by TfGM, the Neighbourhoods team and GMP.  An assessment had been undertaken to determine the initial enforcement sites and using the priority scoring process it was proposed that the following seven sites were selected for implementing civil enforcement of certain moving traffic and parking contraventions.  This included the enforcement of yellow box junctions, and restrictions on direction of travel and turning movements as provided for in Part 6 of the Traffic Management Act:

·                Stockport Road – Box junction/no right turn

·                Cheetham Hill Road / Elizabeth Street. (Near Manchester Fort, near the Lidl)

·                Ashton Old Road – Chancellor Lane – Fairfield Street (Pin Mill Brow) – yellow box

·                Princess Parkway – Palatine Road – Yellow box

·                Great Ancoats Street – Oldham Road – Oldham Street – Yellow box

·                Kirkmanshulme Lane / Mount Road – Compulsory Left Turn & Yellow box

·                Wilmslow Road / M56 jct 6 – Ahead Only

Before applying to the Secretary of State for a Designation Order to grant  the Council powers to undertake the enforcement of Highway Moving Traffic Offences, the Council was required to undertake appropriate consultation with GMP and residents on the proposed sites.

Given the challenges in determining the number of offences that would be committed once enforcement began, and what any ‘drop off’ rate in offences might be, it would be very challenging to accurately determine the resources required to manage this new area of work.  As such a staged approach to implantation was proposed, starting with a couple of locations and gradually increasing resources as more accurate data became available.

Councillor Leech sought clarity as to why a number of the sites identified related to just enforcement of yellow boxes and expressed disappointment that the junction of Princess Road and Nell Lane had not been included.

Decisions

The Executive:-

(1)     Agree that the Director of Highways undertake all steps outlined in the report at paragraph 7.1 (a) to (f) in advance of the Council applying to the Secretary of State for powers under part 6 of the Traffic Management Act to undertake the enforcement of Highway Moving Traffic Offences and the designation of locations where enforcement will be undertaken;

(2)     Agree the seven locations identified in paragraph 6.2 for implementing civil enforcement of certain moving traffic and parking contraventions, including the enforcement of yellow box junctions, and restrictions on direction of travel and turning movements;

(3)     Agree that the Director of Highways undertake a minimum six-week public consultation on the detail of planned civil enforcement of moving traffic contraventions, including the types of restrictions to be enforced and the location(s) in question across the seven identified sites;

(4)     Agree that the Director of Highways then submit the necessary application for a Designation Order to the Secretary of State for Transport;

(5)     Note that the Director of Highways, under delegated powers, will also be required to undertake all of the steps set out in paragraph 7.1 (a) –(f) of the report in respect of any new enforcement locations in the future without the need to seek further approval from the Secretary of State.