[ CITY OF WESTMINSTER - CITY MANAGEMENT AND COMMUNITIES | DELEGATED AUTHORITY REPORT — REF: 7277 TRAFFIC ORDER TO FACILITATE CIVIL ENFORCEMENT OF ENGINE IDLING BACKGROUND INFORMATION Since July 2015, the City Council has been authorised to issue Fixed Penalty Charge Notices (FPNs) under the provisions of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 to enforce against ‘engine idling” in response to ongoing concems about air quality in Westminster. Regulation 98 of the Road Vehicles (Construction and Use) Regulations 1986 requires the driver of a vehicle to stop the engine while stationary for the prevention of traffic fumes Any person failing to comply is guilty of a “stationary idling offence’ under section 42 of the Road Traffic Act 1988, and is liable to the issue of an FPN. Traffic Marshals work closely with drivers to encourage compliance, and the majority of drivers switch off their engines or move on when requested to do so. “Switch off engine, Reduce emissions’ signs have been placed at various locations to support enforcement However, a significant number of offending drivers have been observed engine idling at hotspots’ across the City. Reports indicate that regular contraventions re-ocour at 13 locations within Westminster despite the Counci'’s attempts to educate motorists on the harmful effects of engine idling, and using “soft warnings" as a deterrent. Effective enforcement of the offence is proving difficult due to the onerous and lengthy Procedure laid down for the issue of FPNs. The process also requires cooperation from {he driver to disclose their name and address to a Marshal, together with proof of identity In order to be able to enforce more effectively, Parking Services consider that the issue of Penalty Charge Notices (PCNs) is a feasible alternative to the FPN route. On consideration of the relevant legislation, Parking Services deem that a PCN could be 'ssued in contravention of a Traffic Order made under the provisions of the Road Traffic Regulation Act 1984 (as amended by section 87 of the Environment Act 1995) for the Purpose of managing the quality of air. In effect, this means that "engine idling” is considered to be a road traffic contravention and, as such, is subject to civil enforcement. The potential advantages of using the PCN process, instead of the existing FPN route, will be to: + Eliminate the requirement for two separate processes for enforcing parking offences / contraventions. + Allow an alignment of processes into one route within the existing enforcement of Parking contraventions through the issue of PCNs + Provide an established and relatively simple enforcement route with a clear and well- established and commonly understood legislative process. The PCN process facilitates an appeal process heard by an independent adjudicator at London Tribunals rather than the necessity for a FPN to progress to a hearing at a magistrate's court TATTINS WSP | Parsons Brinckemof, 10” Floor, Westminster Cy Hal, 64 Victoria Street, London, SWIE 6QP, UK; 1 020 3116 S906 1Eliminate printing costs in the use of separate FPN ticket booklets and literature Eliminate the growing risk of non-enforcement of idling vehicles if the FPN route is continued and encourage more compliant behaviour of offending drivers, * Provide a greater deterrent, as a PCN incurs a charge of £80 (£40 if paid within 14 days), compared with a £20 FPN (which increases to £40 if unpaid after 28 days). A PCN does not require the driver to volunteer their personal information. + Send a clear message of the City Council's obligations to residents of efforts to improve air quality within the City. A PCN would be issued using contravention code 63 ("Parked with engine running where prohibited’). Originally, this contravention was only applicable in coach bays, but has since been amended by London Councils to apply to any parked vehicle. This implies that it is possible for London local authorities to enforce against “idling vehicles” using the PCN process, provided that there is a relevant Traffic Order in place The use of the “Switch off engine, Reduce emissions” signs at identified hotspot locations will continue to be maintained and installed as appropriate. RECOMMENDATION It is recommended a Traffic Order is made under the provisions of the Road Traffic Regulation Act 1984 to allow civil enforcement of “engine idling” through the PCN process. The Traffic Order would be introduced initially on an experimental basis so that effectiveness of the process can be gauged. The Experimental Traffic Order would apply city-wide, but PCN enforcement would initially be rolled out in the Low Emission Neighbourhood (LEN) in Marylebone consisting of Bryanston and Dorset Square, and Marylebone High Street wards. Once the PCN process for the enforcement of engine idling is adopted, enforcement through the FPN procedure will cease. STATEMENT OF REASONS In line with the Council's “City for All’ vision in “making the neighbourhood a great place to live, work and visit’, effective and efficient enforcement of idling vehicles through the PCN process will enhance air quality within the City. The effect of the Traffic Order is intended to facilitate civil enforcement The Traffic Order will be introduced initially on an experimental basis, under section 9 of the Road Traffic Regulation Act 1984, so that its effectiveness can be gauged. In due course, the City Council will consider whether to continue in force the provisions of the Experimental Order on a permanent basis, depending on the success of the process. | agree / do not agree to the above recommendation and statement of reasons and give the following authorisations: (a) that procedural steps be taken with a view to an Experimental Traffic Order being made under section 9 of the Road Traffic Regulation Act 1984;(b) that subject to the outcome of the consultation period, which applies for six months from when the Experimental Traffic Order comes into force, the provisions of the Experimental Traffic Order be continued in force indefinitely by means of a permanent Order made under sections 6 and 45 of the Road Traffic Regulation Act 1984; and (c) that in the event of objections being received, they be referred to me for consideration and reported to the Cabinet Member(s) if | consider ito be necessary n avcordance with City Council procedure, following which | will decide whether or net the provisions of the Experimental Traffic Order be continued in force indefinitely, with or without modification, by the means set out in paragraph (b) above. Signed _ = Date _a)i ja Head of Road-Management (City Management and Communities)