Decision details

Application for the granting of powers under the Traffic Management Act 2004 – Part 6: Moving Traffic Enforcement

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

Reasons for the decision:

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.

Alternative options considered:

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: