24/00015 - Moving Traffic Enforcement Policy

April 2, 2024 Cabinet Member for Highways and Transport (Cabinet member) Key decision Approved View on council website
Full council record

Purpose

Proposed Decision:
 
(a)         
Agree to the adoption and implementation of the policy on moving
traffic enforcement; and

 
(b)         
Delegate authority to the Corporate Director of
Growth, Environment and Transport in consultation with the Cabinet
Member for Highways & Transport ,to make revisions as
appropriate to the policy and take relevant actions to implement
the decision
 

Reason for the decision:
 
KCC has
been designated the powers to enforce moving traffic contraventions
(such as driving through a ‘no entry’ sign, or on
routes meant for buses only) under civil law, as a last resort when
all reasonable engineering steps have been taken to design out
driver non-compliance. 
Marston Holdings Limited have been
selected as the best supplier to assist KCC in fulfilling
responsibilities to enforce moving traffic on Kent’s roads,
and a policy is needed to provide guidance on how KCC intend to
apply the Traffic Management Act Part 6 legislation to the Kent
highway network.
 

Background:
 
KCC was
granted the Designation Order by parliament on 15th July 2022, to
enforce moving traffic offences.  KCC
are now legally able to enforce moving traffic
contraventions.  The policy sets out the approach to be followed by authorised
officers when making decisions in respect of KCC’s compliance
and enforcement activities.

 

Options:

 

It is not a statutory requirement of the Designation
Order that Local Authorities should have a policy in place for
moving traffic enforcement.  However,
officers have compiled the policy document in order to
provide clarity and transparency on how KCC
use these powers; ensure enforcement is consistent and
proportionate to the contraventions involved; encourage an element
of flexibility through technology and human input to ensure Penalty
Charge Notices (PCNs) are not unfairly issued or pursued; set out
clearly what is expected from the public in terms of
compliance.
 

 

How the proposed decision supports Framing
Kent’s Future 2022-2026:
 
The
moving traffic enforcement policy supports the policy objectives of
Infrastructure for Communities by ensuring people have access to
safe and efficient travel options, and Environmental Step Change
through turning the curve on transport emissions and supporting
public transport provision.
 
 

Decision

As Cabinet Member for Highways and Transport,
I agree to:
 
(i)            
the adoption and implementation of the policy on moving traffic
enforcement and
 
(ii)       delegate authority
to the Corporate Director of Growth, Environment and Transport in
consultation with the Cabinet Member for Highways & Transport,
to make revisions as appropriate to the policy and take relevant
actions to implement the decision.

Supporting Documents

MTE Policy.pdf
Decision Report.pdf
EqIA.pdf
Record of Decision.pdf

Details

OutcomeRecommendations Approved
Decision date2 Apr 2024
Subject to call-inYes