Decision Maker: Chief Executive Officer
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
The purpose of the report is to set out how
North Yorkshire Council has completed the mandatory process to
apply to the Secretary of State for a Moving Traffic Enforcement
designation order to be made under Part 6 of the Traffic Management
Act 2004
Like the existing Civil Enforcement Area for parking, the
designation order would apply to the whole county
A decision is required to approve the application for submission to
the Secretary of State.
Subject to any further consultation responses
received and the updating of Appendix C of the report:
i) the application to the Secretary of State designating North
Yorkshire as a Civil Enforcement Area for moving traffic offences
in accordance with the Traffic Management Act 2004, Part 6;
ii) the Penalty Charge Notice for a Moving Traffic Offence is set
at £70.00 reduced to £35.00 if paid within 14 days as
per the higher parking contravention rate and changed as and when
regulations change the higher rate and;
iii) the A19/A1238 Yellow Box junction, Selby as the applicant
site
The purpose of applying to designate North
Yorkshire as a Civil Enforcement Area for Moving Traffic
Enforcement is to ensure the Council has every option available in
the discharge its statutory network management duty.
It will enable the Council to take positive and effective action at
sites which suffer from the worst effects of poor driver compliance
that is the cause of congestion, delay and road safety risk.
Do Nothing:
Not applying for a CEA designation order would result in the
continuation of congestion, delay and road safety concerns
occurring at key locations on the authority network due to poor
driver compliance. There would remain a reliance on North Yorkshire
Police for enforcement which has limited capacity to do so.
Do Minimum:
Apply for CEA designation in part. Though the council would be able
to enforce in certain areas eg a town or the wider locality (former
district area), this would limit the ability to deal with all sites
in the county and restrict the strategic approach for wider
application in meeting its network management duty.
It would and require the full application process to be completed
again with a further application to the Secretary of state to
change the Designation Order. Advice from the DfT is to designate
the whole authority area to avoid the need to reapply
Publication date: 03/11/2023
Date of decision: 24/10/2023
Effective from: 11/11/2023
Accompanying Documents: