Parking services enforcement policy

4.1 Aims

The aims of the Sandwell Parking and Traffic Enforcement Policy are as follows;

• To contribute to the authority’s transport objectives through the enforcement of unsafe or restricted parking and the enforcement of bus lane contraventions to achieve the objectives that follow
• To use quality-based standards through key performance indicators,
• To enforce parking and traffic contraventions fairly, accurately and expeditiously
• To increase compliance with parking and traffic restrictions through clear, well designed and legal controls.
• To deliver wider transport strategies and objectives through appropriate parking charges to balance supply and demand for available parking and consequently encourage sustainable travel options.
• To ensure that parking in town centres and other shopping areas is convenient, safe and secure, including appropriate provision for motorcycles and deliveries
• To raise awareness and promote positive parking policy through education

4.2 Objectives

The Sandwell Parking and Traffic Enforcement Policy and operation of the service are designed to meet the following objectives

• managing the traffic network to ensure expeditious movement of traffic, including pedestrians and cyclists
• improving road safety;
• improving and maintaining unrestricted access to premises
• improving the local environment;
• improving the quality and accessibility of public transport;
• meeting the needs of people with disabilities,
• managing and reconciling the competing demands for kerb space.
• Meet safeguarding agenda for children by keeping them safe.

4.3 The Principle of Parking and Traffic Penalty Charges

The purpose of penalty charges is to dissuade motorists from contravening parking and traffic restrictions. The objective is for 100 per cent compliance, with no penalty charges. Penalty charges are set at proportionate levels that are at or slightly below the levels set by neighbouring authorities The aim is for parking and traffic enforcement to be self- financing.

Parking charges and enforcement income are used;

1. To provide public car parks and pay for the cost of lighting, cleaning, repairs, rates, maintenance etc. It is appropriate that these costs are paid by the motorists who benefit from the provision of these facilities
2. To pay for the enforcement of parking and traffic controls to keep the highway network operating efficiently. This ensures that the roads operate safely, congestion is reduced, short stay parking is available for shoppers, access to businesses is improved, etc.
3. To help deliver Council, Regional and National Policy to reduce congestion, improve journey times, reduce accidents, improve compliance with restrictions, reduce inconsiderate parking, encourage the use of car sharing or public transport, encourage more walking and cycling, reduce pollution and improve health.
4. To manage and reconcile the competing demands for kerb space of residents, shops, businesses, visitors, pedestrians, cyclists, delivery vehicles, buses, taxis, private hire vehicles, coaches, cars and motorcycles
5. Undertake regular reviews of the Traffic Regulations to meet business and resident expectations and continually manage the road side space in an efficient manner.

The current parking and penalty charges are published and updated on the Council web site at www.sandwell.gov.uk. (search for parking charges)

4.4 Concessions

Parking Charge Concessions are also provided as follows:

• Free parking after 6pm in the evening,
• Free parking on Sundays,
• Season tickets discounts,
• Free parking for Disabled Badge holders, (On and Off Street) - Disabled Badge must be clearly dispalyed and valid,
• Subsidised Residents Parking Schemes
• Free parking in Car Parks (except Sandwell Valley) every Saturday in December,
• Dedicated bays for Disabled Badge Holders (On and Off Street)

4.5 The Use of CCTV Enforcement

CCTV enforcement ensures the safe and efficient operation of the road network through the detection of traffic regulation contraventions. CCTV systems support and extend the parking enforcement process as follows:-

• To provide a deterrent to parking contraventions;
• To record the registration number, colour and type of vehicles;
• To initiate Penalty Charge Notices to the registered keeper of the vehicles;
• To record evidence of each contravention to ensure that representations and appeals can be fully answered;
• To enable timed and dated pictorial evidence to be produced for adjudication or as information to vehicle owners.

The use of CCTV provides enforcement where this is not as effective using foot patrols alone. CCTV enforcement contributes to beneficial changes in driver behaviour. For example at schools, the presence of Civil Enforcement Officers (CEO’s) deters those who park dangerously and inconsiderately risking the lives of our children. However, the problem returns when the officers leave the area. It is not feasible or cost effective to provide a sufficient number of CEO’s to enforce parking outside all schools. The enforcement service operates with 19 CEO’s (full time equivalents). The enforcement of around 6,000 traffic regulation orders is required across the borough at more than 110 schools, 10 main town centres, 57 car parks and all principle routes within the borough.

CCTV will be deployed at other locations outside school arrival and departure times, at weekends and during school holidays. At these times the CCTV will be used to monitor traffic flow, parking bays, resident bays, carry out traffic counts, and enforce bus stops, bus gates, bus lanes, bus only streets and red routes. Fixed CCTV cameras will also be used to enforce the contravention of moving traffic offences in Bus Lanes.

The deployment of CCTV Enforcement will;

• Be for the legitimate and necessary extension of enforcement activities to improve the effectiveness of the service as stated in this policy.
• Take into account any effect on individuals and their privacy.
• Be as transparent in its use as possible
• Be reviewed with each policy update to take into account complaints and comments from all stakeholders through the published contact points.
• Have clear responsibility and accountability for all surveillance camera system activities including images and information collected, held and used.
• Be subject to the clear rules, policies and procedures published in this document.
• Store only the images and information required for the stated purpose and such images and information will be deleted once their purposes have been discharged.
• Ensure access to retained images and information is restricted to trained Civil Enforcement Officers and managers for the purpose of parking enforcement. The disclosure of images and information will only take place when it is necessary for such purposes or for law enforcement purposes.
• Comply with and maintain the approved operational, technical and competency standards relevant to the system and its purpose.
• Ensure that images and information are subject to appropriate security measures to safeguard against unauthorised access and use.
• Be subject to review and audit mechanisms to ensure legal requirements, policies and standards are complied with in practice.
• Be used in the most effective way to support public safety and law enforcement with the aim of processing images and information of evidential value.

4.6 CCTV Enforcement of Bus Lanes

The introduction of statutory instruments in November 2005 under Section144 of the Transport Act 2000 allowed for the enforcement of Bus Lanes through camera enforcement technology by approved local authorities.

Public transport has a vital role to play in meeting this objective, giving people an alternative to the car. The bus must be a central part of any public transport system. In many towns and cities, quality partnerships between operators and local authorities have improved standards of bus services leading to increased patronage. Operators have provided new vehicles, with high standards of comfort and accessibility, not only benefiting people with disabilities, but also making the bus easy to use for people with children or shopping. Local authorities have provided traffic management schemes, to make the bus quicker and more reliable by getting through the other traffic which so often hinders them.

The Bus Partnership Forum, which brings together representatives of the bus industry, central and local Government, strongly supports bus priorities, in particular through contributing to the resource pack Bus Priority: The Way Forward which has been distributed to all local traffic authorities. The Forum has identified punctuality as a major factor affecting bus use and has developed the concept of Punctuality Improvement Partnerships whereby operators and local authorities work together to remove obstacles to punctual services. Even where bus priority measures exist, their effectiveness is often reduced because of poor enforcement.

The enforcement of bus priority measures can assist in achieving the overarching objective of encouraging bus use. In order to facilitate a viable bus service it is often necessary to regulate traffic on the route. There is no point in introducing traffic management measures if they are not going to be enforced and compliance with regulations will only be gained if they are consistently and fairly enforced. In recent times, due to competing pressures and priorities, the police have not been able to provide the necessary level of consistent enforcement. This has led to a situation where some motorists regard some regulatory traffic signs as advisory rather than compulsory. Drivers and riders whose vehicles are banned from using bus lanes and other restricted areas of carriageway, but use them at banned times nevertheless, can cause delay to buses and frustration and resentment among those drivers complying with the regulations.

The enforcement of Bus Lanes will be undertaken using a fixed CCTV camera in accordance with the Code of Practice appended to this Policy. Bus Lane enforcement will be undertaken using equipment that has type approval from the Home secretary and is certified by the Secretary for Transport.

4.7 CCTV Enforcement of Red Line Restrictions

The updated Traffic Signs, Regulations and General Directions, 2016 (TSRGD 2016) now include red line controls. Consequently the use of red line controls is no longer restricted to the constraints of the 2013 Department for Transport Authorisation for the use within the West Midlands. A Department for Transport Circular 01/2016 provides associated guidance and states that red routes are intended to be used strategically to deal with traffic problems assessed on a whole route basis, not to deal with issues on a relatively short length of road.

Red line controls within the borough are enforced through the use of a CCTV vehicle to ensure that strategic routes operate efficiently and safely, particularly at peak times. Council Policy for the use of red line controls has been reviewed against TSRGD 2016 and will now be extended to provide the traffic management of two strategic problems within the borough.

Public Transport Hubs and Interchanges

Public transport hubs and interchanges are strategic nodes on the public transport network such as bus stations, particularly where they are located next to metro and rail stations. At these locations a number of public transport routes converge. Traffic congestion around these bus stations typically affects many thousands of journeys on the local and regional public transport network. The Council Policy to use of red route controls at these locations consequently provides strategic transport benefits through the CCTV enforcement of no stopping or waiting restrictions.

School Gate Parking

A borough wide building programme for the significant extension of existing schools has been necessary to respond to demographic population changes in recent years. At several locations these large scale changes need to be introduced where road space on the existing network has inadequate capacity to provide for school gate parking demand. A strategic approach to this problem has required comprehensive school travel plans to be provided at each location as part of the planning approval for the extensions. These school travel plans introduce a number of initiatives to encourage modal shift and reduce or spread the demand for school gate parking. However this strategic approach has only been partially successful and consequently at several locations a network traffic problem has developed. Council Policy to use red route controls at some of these school locations will consequently provide a strategic response to mitigate network traffic problems and improve safety for school children. Since the removal of qualification for school entry by catchment area children from wider areas have been attracted by popular schools resulting in extra traffic and exasperating parking problems at start and finish times as well as creating safety issues.

4.8 Enforcement of Pavement Parking and Footway Crossings

The Council is mindful of the issues caused by pavement parking and must consider the preferences of all road users. The Council must balance competing demands within the Parking Enforcement Policy to achieve optimum benefits for all of the functions of the highway network.

The Root Cause

The majority of roads in Sandwell were originally designed and built between 80 and 180 years ago and do not efficiently accommodate modern transport systems. The Council is aware of a variety of problems caused by limited road space and the increasing ownership.

Interest Groups

It is recognised that road users such as pedestrians including disability groups such as the blind and partially sighted experience some of the consequential effects of limited road space such as pavement parking. Other road users such as car drivers, residents, delivery drivers, bus companies, taxis, cyclists, road haulage, freight associations etc. are reliant on the extra carriageway space generated by pavement parking particularly on the many narrow roads in the Borough.

Policy for Pavement Parking

The Council has given consideration to policy changes and regulations that would allow appropriate enforcement of parking on pavements in specific circumstances. Such enforcement would not be practical or appropriate for all footways because of the consequential effects on traffic flow congestion and carriageway safety on many narrow roads. The implementation of pavement parking restrictions, meeting policy requirements, at specific problem locations would be subject to public consultation and the consideration of objections. The policy of another Black Country Authority has been considered. It would be regionally consistent for Sandwell to apply the following criteria for the enforcement of pavement parking.

• A number of written complaints at the same location over several months
• Repeated damage to footways or verges;
• Permitted on-street parking would not adversely affect traffic flow;
• No risk of displacing parking to surrounding streets;
• The road width exceeds 7.4 metres;
• The problem cannot be solved by cost effective physical measures;
• Locations fall within current existing Civil Enforcement areas.

Public Consultation

The Council is required to take account of the needs of all road users when considering the implementation of parking restrictions of any kind. The necessary enforcement policy changes would need to accommodate a number of constraints and set out specific requirements for a balanced and measured application of parking restrictions. 

The current proposed restrictions in the Sandwell borough.

Legislation and Regulation

The Council is considering the current legislative powers, statutory duties and regulations. For example the Council has a duty to balance the requirement for expeditious movement of traffic on the network with safety and environmental considerations. The Council will need to consider any new regulatory requirements or new guidance and the associated implications. A private members bill on pavement parking was recently withdrawn following debate including issues such as narrow streets, partial implementation, confusion for motorists, obstruction of emergency and refuse vehicles, cost of administration/signage/implementation, alternative options etc. The relevant government department could not support the bill for these reasons but gave a commitment to meet key groups and consider possible changes to existing legislation and regulation.

Council Responses to Government

The Council must give consideration to the different needs of all road users. The Council and Local Government Association regularly respond to Government consultation on proposed changes to legislation, regulation and statutory guidance.

4.9 Enforcement Policy for Vehicles Parked Adjacent to a Dropped Footway

This contravention occurs when a vehicle is parked alongside a dropped kerb used for access to and from a roadside property or for pedestrians to cross at.

The contravention of parking adjacent to a dropped kerb applies where a vehicle parks on the carriageway next to a place where the footway, cycle track or verge has been lowered to the level of the carriageway (or where the carriageway has been raised to the level of the footway, cycle track or verge) to assist:

• Pedestrians crossing the carriageway;
• Cyclists entering or leaving the carriageway; or
• Vehicles entering or leaving the carriageway across the footway, cycle track or verge (e.g. property driveways).

Parking alongside a dropped kerb etc can cause considerable inconvenience and put vulnerable road users at severe risk. Parking adjacent to a dropped kerb at an access to premises can cause considerable nuisance to drivers trying to enter or leave the premises.

The Highway Code advises drivers “DO NOT STOP OR PARK….where the kerb has been lowered to help wheelchair users and powered mobility vehicles, or where it would obstruct cyclists’ use of cycle facilities… except when forced to do so by stationary traffic”.

In instances where a vehicle parks alongside a ‘tactile paving’ dropped kerb the council’s policy is to issue a penalty charge notice to the offending vehicle, subject to the exemptions listed below.

4.9.1 Exemptions to the Contravention of Parking at Dropped Kerbs (Section 86 of the Traffic Management Act 2004)

• Alighting from a vehicle;
• Vehicles used by the fire, ambulance or police services;
• Where loading or unloading is taking place;
• Vehicles used for waste collection, building works or road works;
• Vehicles parked outside a driveway to residential premises with the occupier’s consent (but see note below);
• Vehicles parked outside a shared driveway to residential premises by, or with the consent of, residents at those premises.
• Where a vehicle is removing an obstruction to traffic,
• Where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised

Note: it is illegal for the owner of a driveway to ‘rent out’ space on the public highway across the driveway entrance. Where there is evidence that the owner’s consent to park across a driveway entrance is based on payment, the vehicle remains liable to the issue of a penalty charge notice.

4.9.2 Driveways to Residential Premises

The Council do offer enforcement of dropped kerbs for residential properties however, a signed 'Consent to Enforce' application must be completed by the resident for this to take place.

This is not a call-out service and the Council are unable to remove vehicles parked in this manner. The Council’s Civil Enforcement Officers will issue Penalty Charge Notices to all vehicles including the resident’s vehicle.

If you wish to request this, please submit this at MySandwell

4.9.3 Disabled Badge Holders

It should be noted that although valid Disabled Badge holders may park for up to 3 hours on yellow line restrictions, where it is safe to do so and providing they are not causing an obstruction, they are not exempt from the prohibition of double parking or parking at dropped kerbs.

4.10 Policy for Temporary Suspension of Parking Restrictions

Temporary suspensions of parking restrictions may be considered associated with events where the only safe option is to permit designated public parking for the duration of the event. There are many options that remove the need for the suspension of parking restrictions for example parking availability within a 500 meter walk, car sharing and public transport options. Traffic regulation orders facilitate the regional policy objectives and network management duties of traffic authorities, particularly concerning red route restrictions during peak hours. Consequently public events that seek the suspension of parking restrictions, particularly on red routes, should be held outside peak hours.

The principle of suspension would apply to any event not just religious events. The full cost of the associated traffic management would be charged to the event organizer. The following considerations limit the extent to which the approval of red route suspensions could be recommended.

4.10.1 The Principle of Red Routes

Red Routes have been installed across the West Midlands on strategic routes following DfT approval. The principal benefits used to justify the red routes were journey time benefits to industry and commerce (particularly in the peak hours) together with accident reduction benefits. Several Red Routes such as the A457 Oldbury Road are also bus showcases routes justified by journey time savings.

4.10.2 Consultation Objections & Design Response

When parking restrictions are first implemented consultation representations from centers of community activity are considered. The design proposals are often amended to introduce on-street parking at safe locations during off peak time periods. Parking restrictions may already have been amended from no waiting at any time to operate only on during peak hours on Mon-Fri 7am-10am & 4pm-7pm.

4.10.3 The Combined Authority Strategic Route Network

The majority of the Red Routes in Sandwell are included in Key Route Network defined in the draft order containing the functions to deliver the Devolution Deal including mayoral authority. It is understood that the network management policy for the key route network will pass to the Mayor of the Combined Authority in May 2017.

4.10.4 Major Road Works and Diversion Routes

Major road works and diversion routes will significantly increase congestion on the principal routes in the area. Many of these are Red Routes. There will be a pressing need to mitigate disruption on these roads to alleviate problems for commuters, industry and commerce. Suspension of these red routes to allow peak hour parking may on some occasions be inconsistent with the need to mitigate congestion.

4.10.5 Safety of Suspensions and Cost of Traffic Management

The occasional suspension of parking restrictions on red routes represents a significant change to the normal traffic flow patterns around the suspension. In many instances motorists would need to be warned by appropriate signs. Traffic management may be required at some locations during the suspension through the use of cones and signs. Charges may apply if significant Traffic Management is required.

4.11 Council Scorecard Priorities

The benefits associated with the parking enforcement policy will assist in meeting the Councils Scorecard Priorities as follows:

• Contribute towards the safety of the children particularly around schools within the borough as well as the disabled;
• Mitigate unsafe, illegal and inconsiderate parking, reducing traffic congestion, whilst maintaining good access and improving safety which will have a positive effect on Sandwell as a good place for local communities and visitors;
• Provide effective enforcement around all our schools and improve the quality of life for communities, including the children, the disabled and the elderly;
• Support the Parking Policy as a key element of the Council’s overall Transportation Strategy, for which environmental considerations are an integral element;
• Meeting regional and council priorities for sustainable travel, modal shift and carbon reduction.
• Contribute safe and swift passage of traffic through to neighbouring authorities by reducing congestion on our arterial routes.

4.12 Planning Policy Context

The Black Country Core Strategy (adopted February 2011) contains a number of policies with regard to parking control. These are set out as follows:

The management of the demand for road space and car parking, together with influencing travel choices, is fundamental to achieving the Vision for sustainable communities, environmental transformation and economic prosperity. The policy for managing car parking in centres will also ensure the network of Black Country Centres are maintained and enhanced.

CEN8 - Car Parking in Centres

Pricing

The pricing of parking will not be used as a tool for competition between Strategic Centres. A lower pricing regime may be identified for Town Centres and District and Local Centres.

Type of Parking

The amount and charging of publicly available long stay parking in centres will be managed to ensure a balance between provision of long stay parking and encouraging commuters to use more sustainable modes.

TRAN5 - Influencing the Demand for Travel and Travel Choices Spatial Objectives

The Black Country Local Authorities are committed to considering all aspects of traffic management in the centres and wider area in accordance with the Traffic Management Act 2004.

The priorities for traffic management in the Black Country are:

• The pricing of parking - ensuring that it is not used as a tool for competition between centres;
• The type of parking – ensuring that where appropriate long stay parking is removed near to town centres to support parking for leisure and retail customers and encourage commuters to use more sustainable means and reduce peak hour traffic flows;

4.13 Public Consultation

The views of the following stakeholders groups will be sought when consulting on the parking policy:

• schools
• the police, fire, ambulance and emergency services,
• neighbouring local authorities,
• Statutory undertakers
• the DVLA and the Traffic Enforcement Centre;
• motoring groups and representative organisations
• residents,
• motorists
• the general public.
• socially excluded groups.
• businesses representative organisations
• local businesses and traders
• Freight Quality Partnerships

4.14 Annual Report

The Annual Parking and Traffic Enforcement Service Reports will include the following;

Financial

• Total income and expenditure on the parking account
• Breakdown of income by source (i.e. on-street parking charges, car park charges, parking penalty charges and bus lane penalty charges)Total surplus or deficit on the parking account
• Action taken with respect to a surplus or deficit on the parking account
• Details of how any surplus on the account has been or is to be spent including the benefits that can be expected as a result of such expenditure