New council enforcement powers could bring surge in PCNs

Local authorities are set to get new powers to enforce moving traffic violations from 1 June in a move that could see penalty charge notices (PCNs) for drivers skyrocket.

From 1 June, local authorities in England and Wales will be able to undertake civil enforcement of moving traffic contraventions such as blocking yellow box junctions

Currently, only local authorities in London and Cardiff are able to issues fines for such offences, which include blocking yellow box junctions and making prohibited turns, but councils in England and Wales have long called for increased powers so they can address the issue rather than relying on the police.

The AA has now warned that the legislative process is underway and the regulations are planned to come into force on 1 June. From this date, local authorities that have applied to be the designated enforcement authority in their area will be able to undertake civil enforcement of moving traffic contraventions.

Concerns are mounting though that the new powers could see drivers used yet again as ‘cash cows’, propping up flagging council revenues.

The AA says that London’s track record for enforcing these offences indicates the need for MPs to scrutinise the Government’s proposals and reinforce driver protection.

Its survey of 13,449 drivers in December found that in the past year 2% received a fine for stopping in a yellow box junction. In London, it was 12%.

And when it comes to entering a zone where car access is limited or banned, 3% received a fine; in London, it was 15%.

The AA also warns that less than half of those receiving fines accept that they were guilty but more than a quarter paid the early and discounted fine, either because risking the full fine would have landed them in financial trouble or because it was the easiest thing to do.

For those complaining to councils that a fine was unfair, their chance of getting it cancelled was approximately one in three across the UK and one in four in London.

For those who appealed to a traffic tribunal, their chance of success was 50:50.

It adds that with most innocent drivers paying up instead of contesting Penalty Charge Notices, councils can haul in tens of thousands of pounds in fines at locations they know to be traps. London traffic penalty adjudicators continue to highlight instances of bad road layout, or councils ignoring or simply not understanding the rules of enforcement.

To ensure driver protection from “enforcement flaws”, the AA is now calling on the Government to explore a process to identify fines hotspots and to force councils to suspend enforcement until the causes of hotspots are identified and rectified.

AA president Edmund King said: “The experience of London with enforcement of moving traffic violations sends a clear message to MPs: the roll-out beyond the capital needs effective checks and balances. That includes identifying, analysing and rectifying the causes of fines hotspots. And, where a traffic tribunal adjudicator identifies a problem that is not just a one-off, the council should suspend enforcement and report back to the adjudicator on how it has been resolved.”

King also recommended that first-time offenders should be sent a warning letter, as set out by the Government previously.

“After all, the object of enforcement is to get road users to understand and comply with directions and restrictions – with the deterrence of fines if they deliberately ignore them.”

For more of the latest industry news, click here.

Natalie Middleton

Natalie has worked as a fleet journalist for over 20 years, previously as assistant editor on the former Company Car magazine before joining Fleet World in 2006. Prior to this, she worked on a range of B2B titles, including Insurance Age and Insurance Day.