English councils outside London are to lobby ministers to secure the same powers to issue fixed penalty notices (FPNs) for highway obstruction offences as those in the capital.
While London Boroughs have the powers to issue FPNs to deal with offences that cause obstruction or prevent the safe and smooth operation of local highways, the only route for councils outside the capital is through issuing warnings, and prosecution.
Following a survey of its membership, a paper presented to the Local Government Association’s LGA) Environment, Economy, Housing & Transport Board last month noted ‘strong support for alignment with London’.
The paper described the current process as an unfair and inconsistent approach for non-London authorities which can be very time consuming and costly.
It stated that the power to issue FPNs immediately/on the spot, when an enforcement officer witnesses a Highways Act offence, would accelerate enforcement action and deter future criminal behaviour.
The report stated: ‘Given the strength of evidence presented by the survey findings, the Board can be confident that this is a power that English local government outside of London would support and greatly benefit from.’
It acknowledged that a change in primary legislation is likely to be needed and proposes that the LGA seek the support of Government.
The report added: ‘This will not be straightforward. Our experience of seeking other similar alignment of powers with London (such as enforcement of moving traffic offences and pavement parking) are that it takes persistent campaigning over a long period of time.’
The report’s recommendations, which the committee agreed, said the first action ‘will be to share the findings with the Department for Transport and the relevant minister’.
It added: ‘The clearest and soonest opportunity for the required change in legislation would be the proposed Transport Bill, which has now been delayed until the next session of Parliament’.
Examples of obstructions cited in the paper:
- builders' skips
- scaffolding/hoardings
- builder’s materials
- temporary works including traffic lights
- overhanging tree branches, hedges
- mud/debris on the road
- mixing concrete/mortar on the highway
- unauthorised traders
- encroachment of highway boundaries
- discharge of water onto the highway
- blocking rights of way
- plants and bushes
- illegal signs
- caravans and trailers (not attached to a vehicle)
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