Parking (On-Street): Enforcement Changes

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A decision made 27 January 2012:

Decision Reference: MD-T-2012-0009
Decision Summary Title :	Changes to On Street Parking Enforcement		Date of Decision Summary:	19 January 2012
Decision Summary Author:	Assistant Manager Parking Control		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Changes to On Street Parking Enforcement		Date of Written Report:	19 January 2012
Written Report Author:	Assistant Manager Parking Control		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Parking enforcement, on street – changes to enforcement methods
Decision(s): The Minister agreed to amend the twelve Road Traffic Parish Orders and the Road Traffic (Disabled Persons) (Parking) (Jersey) Order 2002
Reason(s) for Decision: To introduce a more efficient method for enforcing on street parking infractions.
Resource Implications: Law Drafting time. Transport and Technical Services Department JEP Gazette entry £100
Action Required: Officers to instruct the Law Draftsman to prepare the necessary Amendment to the twelve Road Traffic Parish Orders and the Road Traffic (Disabled Persons) (Parking) (Jersey) Order 2002 for subsequent submission to the Minister.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Parking (On-Street): Enforcement Changes

TRANSPORT AND TECHNICAL SERVICES

CHANGES TO ON STREET PARKING ENFORCEMENT

Purpose of the Report

To change the existing system of enforcement for on street parking infractions.

Background

Following the discovery that some Parishes were no longer enforcing on street parking infractions fully within legal requirements a change to the wording of parking tickets issued, with them becoming “Notice of referral to the Parish Hall”, as well as the return of Parish Hall Enquiries for parking offences, was made during 2011. This was an interim solution whilst a long term alternative was researched by officers of the Transport and Technical Services Department.

The interim changes resulted in pressure being placed on some Parishes to hold Parish Hall Enquiries for any disputed or unpaid parking tickets issued. For St Helier in particular this meant the Parish Centeniers had to be able to accommodate a potential additional 15,000 Parish Hall Enquiries into an already busy schedule.

There was also uncertainty over who was authorised to issue such notices on behalf of the Parishes.

Discussion

Officers of Transport and Technical Services were tasked with finding an alternative to the current system which would be less demanding on the Parishes as well as offering motorists who had been issued Notices of Referral to the Parish Hall a simpler method of contesting these than having to attend a Parish Hall Enquiry.

The proposed solution is to introduce a system similar to the Excess Charge system used for enforcing car park regulations. This would mean a vehicle found to be committing an on street parking infraction would be liable for a “Parking Charge” and a “Parking Charge Notice” would be issued and placed on the vehicle. The driver would then be able contest this in writing if they wished and an authorised Officer designated by the Connétable of the Parish would be able to review the contestation and decide if the charge was justified or not. Currently only a Centenier or the Connétable can make this decision and the driver cannot contest this until after the decision has been made.

The level of charge would be determined by each Connétable for their Parish and this information would form part of the notice issued to an offending vehicle. In the event that a Connétable wishes to continue holding Parish Hall Enquiries for parking infractions they would be able to do so rather than appoint an authorised officer to consider letters of contest or appeal. The Connétables also supported including the option for them to offer a reduced penalty for prompt settlement similar to the car park Excess Charge scheme.

This opportunity would also be used to introduce the ability for a Connétable to delegate authority to both issue Parking Charge Notices and also to review and consider any contestations.

As with the Road Traffic (Public Parking Places) (Jersey) Order 2006, the non payment of a Parking Charge after a period as indicated on the notice issued would then become an offence and would be brought before the Magistrate for judgement.

The proposal was presented to the Comite des Connétables on Monday 21 November 2011 and their support for this change was given. The same presentation was made to the Comite des Chefs later the same day and they also indicated their support for these changes.

The twelve Road Traffic Parish Orders, the Road Traffic (Disabled Persons) (Parking) (Jersey) Order 2002 and the Road Traffic (Jersey) Law 1956 are all administered by the Minister for Transport and Technical Services Department.

Conclusion

The introduction of the proposed changes would offer benefits to the Parishes and would also enable drivers to contest parking notices without having to attend a Parish Hall Enquiry which is both time consuming and can also be stressful.

With the support of the Connétables and their Chef de Police, the changes proposed are both reasonable and justified.

Recommendation

The Minister is recommended to approve these changes to on street parking enforcement.

Reason(s) for Decisions

To introduce a more efficient system for enforcing on street parking infractions.

Resource Implications

Law drafting time. Transport and Technical Services Department JEP Gazette insert £100

Action Required

Officers to instruct the Law Draftsman to prepare the necessary Amendments to the twelve Road Traffic Parish Orders and the Road Traffic (Disabled Persons) (Parking) Jersey) Order 2002 for subsequent submission to the Minister.

Written by: Assistant Manager – Parking Control

Approved by: Director of Transport