From 31 May 2022, local authorities in England outside of London will be able to apply to the Secretary of State for new powers to enforce ‘moving traffic offences’. This means they can be granted powers that have previously been held only by the police and will be able to issue fines to drivers for these offences for the first time.
This Insight explains the reason for this law change, the powers local authorities may acquire, and how it may affect road users.
In England and Wales, moving traffic offences are defined in law in Schedule 7 of the Traffic Management Act 2004 (as amended).
They include:
incorrectly driving into a bus lane, stopping in a yellow box junction, banned right or left turns, illegal U-turns, going the wrong way in a one-way street, ignoring a Traffic Regulation Order
Currently, in England, moving traffic offences are enforceable only by the police. The one exception is in London where TfL and London borough councils already have ‘civil enforcement’ powers. In London, these offences have therefore effectively been decriminalised and are treated as civil ‘contraventions’.
However, in local authority areas outside London, many of these offences might not be being enforced in full by the police.
In 2019, the Local Government Association conducted a survey of (non-London) English local authorities. 67% of respondents said that the police did not actively enforce any moving traffic offences in their area. 90% said that they would use civil enforcement powers were they available, primarily to alleviate congestion and improve road safety.
In a 2020 policy paper, the Government pledged to change the law and give local authorities the ability to enforce these offences themselves.
In explanatory notes accompanying the law change, the Government said the change may help “improve air quality through reduced traffic congestion”, and “encourage behavioural shift towards sustainable travel choices” by improving bus reliability and making cycling easier.
The levels of fines that can be imposed are specified in a schedule to the General Provisions SI. They range from £20 for lower level penalties paid promptly, up to £105 for late payment of higher level penalties
Some councils, such as Kent County Council, have already signalled that they will apply for a Designation Order. The Government has said in a written question response that depending on initial uptake of the powers, it may be necessary to deliver Designation Orders in tranches.
It is currently unclear how many councils may apply, when specific councils may be given Designation Orders, and when they may start to use the new enforcement powers.