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Moving Traffic Enforcement


Introduction

Devon County Council (DCC) is one of a number of local authorities in England applying to the Department for Transport (DfT) for powers to enforce Moving Traffic Offences (MTOs)

Moving Traffic Offences are actions taken by drivers that are in direct violation of the rules of the road. Examples include driving through a no entry sign, making banned turns, entering a yellow box junction when the exit isn’t clear and driving on routes that are for buses and taxis only.

Previously, outside of London, the powers to enforce these restrictions fell only to the police. Following a change in the law local authorities are now able to apply for powers to enforce MTOs, and DCC is consulting on whether our residents would like to see us adopt these powers.

The new powers will enforce areas where existing restrictions are already in place. The council is considering ANPR (Automatic Number Place Recognition) camera systems to be located in 8 identified locations around the county.

During the first six months, motorists caught contravening the rules at any one of the locations will be sent a warning letter for their first offence. If they are caught again, they will receive a penalty charge notice (PCN). After the initial six months, all offenders will be subject to a PCN. Funds generated from penalty charge notices will be ringfenced to fund the enforcement cameras and any surplus is restricted for highway or road improvement projects, public transport provision and other environmental projects.

The initial ANPR cameras will be mobile allowing them to be moved to new locations once enforcement within an area has been carried out and driver behaviour has adapted to abide by the restrictions. Signage will be erected well in advance of cameras being installed to give drivers plenty of notice of the enforcement powers.  Fixed ANPR cameras may be used at locations where driver behaviour fails to adapt.

In November 2022 DCC’s Cabinet committee gave their approval to submit an application to the DFT to acquire powers to enforce MTOs under Part 6 of The Traffic Management Act 2004. The committee were presented a list of sites for initial consideration, based on the use of existing CCTV cameras. However issues have been identified with some of the sites and these must be resolved before we consider camera enforcement, and therefore will be considered as part of a future tranche. It has also been identified that the use of the existing CCTV infrastructure would not be appropriate for enforcement purposes and therefore dedicated cameras would be required  which has allowed us to consider a few additional sites away from the existing CCTV network. 

  • Restrictions that can be enforced under the new powers

    Schedule 7 to the 2004 Act lists those traffic signs below (prescribed in the Traffic Signs Regulations and General Directions 2016 as amended: ‘TSRGD’) as civilly enforceable as moving traffic contraventions. This applies to any permitted variant under TSRGD; for example, diagram 606 when varied to point ahead or to the right.

    It should be noted that the Government committed only to introduce moving traffic enforcement powers in respect of those signs listed below. Regulatory traffic signs (other than those for parking and bus lanes) that are not listed below will remain enforceable only by the police (for example, diagram 626.2A indicating structural weight limits).

    Description TSRGD diagram number and location
    Vehicular traffic must proceed in the direction indicated by the arrow 606 (Schedule 3, Part 2, item 1 and Schedule 14, Part 2, item 42)
    Vehicular traffic must turn ahead in the direction indicated by the arrow 609 (Schedule 3, Part 2, item 2)
    Vehicular traffic must keep to the left/right of the sign indicated by the arrow 610 (Schedule 3, Part 2, item 3)
    No right turn for vehicular traffic 612 (Schedule 3, Part 2, item7 and Schedule 14, Part 2, item 43)
    No left turn for vehicular traffic 613 (Schedule 3, Part 2, item 8 and Schedule 14, Part 2, item 43)
    No U-turns for vehicular traffic 614 (Schedule 3, Part 2, item 6 and Schedule 14, Part 2, item 43)
    Priority must be given to vehicles from the opposite direction 615 (Schedule 3, Part 2, item 9)
    No entry for vehicular traffic (when the restriction or prohibition is one that may be indicated by another traffic sign subject to civil enforcement) 616 (Schedule 3, Part 2, item 10 and Schedule 14, Part 2, item 44)
    All vehicles prohibited except non-mechanically propelled vehicles being pushed by pedestrians 617 (Schedule 3, Part 2, item 11)
    Entry to and waiting in a pedestrian zone restricted 618.3B (Schedule 8, Part 2, item 1)
    Entry to and waiting in a pedestrian and cycle zone restricted 618.3C (Schedule 8, Part 2, item 2)
    Motor vehicles prohibited 619 (Schedule 3, Part 2, item 12)
    Motor vehicles except solo motorcycles prohibited 619.1 (Schedule 3, Part 2, item 18)
    Solo motorcycles prohibited 619.2 (Schedule 3, Part 2, item 20)
    Goods vehicles exceeding the maximum gross weight indicated on the goods vehicle symbol prohibited 622.1A (Schedule 3, Part 2, item 13)
    One-way traffic 652 (Schedule 9, Part 4, item 5)
    Buses prohibited 952 (Schedule 3, Part 2, item 17)
    Route for use by buses, pedal cycles and taxis only 953 (Schedule 3, Part 2, item 33)
    Route for use by tramcars only 953.1 (Schedule 3, Part 2, item 36)
    Route for use by pedal cycles only 955 (Schedule 3, Part 2, item 28)
    Route for use by pedal cycles and by pedestrians only 956 (Schedule 3, Part 2, item 29)
    Route comprising two ways, for use by pedal cycles only and by pedestrians only 957 (Schedule 3, Part 2, item 32)
    With-flow cycle lane 959.1 (Schedule 9, Part 4, item 9)
    Contra-flow cycle lane 960.1 (Schedule 9, Part 4, item 6)
    Part of the carriageway outside an entrance where vehicles must not stop when the marking is placed in conjunction with the prescribed upright sign which includes the symbol at Schedule 4, Part 3, item 10 1027.1 (Schedule 7, Part 4, item 10)

    Box junction markings 1043 (Schedule 9, Part 6, item 25)

    Bus Lanes will be enforced under powers granted by Part 2 of Schedule 7 of the Traffic Management Act 2004

    Description TSRGD diagram number and location
    Bus Lane 959B (Schedule 9, Part 4, item 10)

     

  • Site 1 – BA001 – Bus Gate – Old Torrington Road, Sticklepath, Barnstaple

    A photo montage showing Old Torrington Road with the bus gate signs that will be erected

    Moving traffic restrictions

    Bus Gate

    Site background

    There is Bus Gate on Old Torrington Road between Riverton Road and Grange Avenue. The restriction is being implemented in Summer 2023 to replace the previous bus gate on Gratton Way and is being introduced to better manage traffic in the area due to the new housing development.

    The bus gate will have exemptions for

    • local buses
    • cycles
    • approved school transport vehicles between 8am-9.30am and 3.30pm-5pm on Monday to Friday during school term times


    Contravention history

    The restriction is not yet live, so there is no contravention history but from experience of similar restrictions (including the previous prohibition on Gratton Way) the risk of contraventions is high and is why the developers have been asked to pay for an enforcement camera.

    Enforcement priorities
    Enforcement of moving traffic offences at this site will:

    • improve public safety
    • support active travel and public transport

    Site Compliance Pack
    More information on the site can be found in the site compliance pack

  • Site 2 – BA002 – No Right Turn – The Square, Barnstaple

    Moving traffic restrictions

    No Right Turn

    View the location and the restriction on Google Maps

    Site background

    There is a banned right turn from The Square (A3125) in to Taw Vale that applies to all vehicles. The restriction was first introduced in 2007 to compliment the new Barnstaple Western Bypass and restrict inappropriate traffic movements, making the best use of the new road system.

    There is no further hard engineering solution for this site due to the lack of space and other manoeuvres still permitted at this location.

    Contravention history
    Following a video survey between 17/07/2023 – 20/07/2023, 100 contraventions were witnessed.

    Enforcement priorities
    Enforcement of moving traffic offences at this site will:

    • improve public safety


    Site Compliance Pack

    More information on the site can be found in the site compliance pack

  • Site 3 – BA003 – Bus Gate – Taw Vale, Barnstaple

    Image of the two bus gate signs at Taw Vale, Barnstaple

    Moving traffic restrictions
    Bus Gate

    View the location and the restriction on Google Maps

    Site background

    There is bus gate on Taw Vale between the northern junction with Litchdon Street and the junction with The Square. The bus gate was first introduced in 2007 to compliment the new Barnstaple Western Bypass and restrict inappropriate traffic movements, making the best use of the new road system.

    The bus gate has exemptions for

    • local buses
    • cycles
    • taxis (hackney carriages)


    Contravention history

    Following a video survey between 09/01/2023 – 11/01/2023, 124 contraventions were witnessed.

    Enforcement priorities
    Enforcement of moving traffic offences at this site will:

    • improve public safety
    • support active travel and public transport

    Site Compliance Pack
    More information on the site can be found in the site compliance pack

  • Site 4 – EX001 – Bus Gate – Wonford Road, Exeter

    Moving traffic restrictions

    No Entry

    View the location and the restrictions on Google Maps

    Site background

    There is prohibition of all vehicles on Wonford Road southeast of its junction with Deepdene Park.  A prohibition was first introduced in 2020 as part of the DCC Emergency Active Travel Fund measures in response to the COVID-19 pandemic. Following a statutory consultation the prohibition was made permanent in 2021 to improve safety for cycling as the road is part of the E9 cycle route and is part of Exeter’s strategic cycle network.

    The bus gate has exemptions for

    • buses
    • cycles

    Contravention history
    Following a video survey between 24/04/2023 – 28/04/2023, 1002 contraventions were witnessed.

    Enforcement priorities
    Enforcement of moving traffic offences at this site will:

    • improve public safety
    • support active travel and public transport

    Site Compliance Pack
    More information on the site can be found in the site compliance pack

  • Site 5 – EX002 – Bus Lane – Topsham Road, Exeter

    Moving traffic restrictions

    Bus Lane

    View the location and the restrictions on Google Maps

    Site background

    There is a bus lane on Topsham Road that begins at the junction with Buckerell Avenue and continues south eastwards across the junction with Barrack Road to a point just before the junction with Burnthouse Lane. The bus lane was first introduced in 2000 and is reserved for buses, taxis, private hire vehicles, heavy commercial vehicles and cycles. The bus lane applies at all times (24 hours a day on all days).

    Contravention history
    Following a video survey between 09/01/2023 – 11/01/2023, 68 contraventions were witnessed.

    Enforcement priorities
    Enforcement of moving traffic offences at this site will:

    • improve public safety
    • support active travel and public transport
    • reduce congestion

    Site Compliance Pack
    More information on the site can be found in the site compliance pack

  • Site 6 – EX003 – Bus Lane – Fore Street Heavitree, Exeter

    Moving traffic restrictions

    Bus lane signage

    View the location and the restrictions on Google Maps

    Site background

    There is a bus lane on Fore Street, Heavitree between Butts Road and Church Street. The bus lane was first introduced in 1994 and is reserved for buses, taxis, private hire vehicles, and cycles. The bus lane applies Monday to Fridays between 8am-9.30am & 4pm-6.30pm.

    Contravention history
    Following a video survey between 13/03/2023 – 17/03/2023, 181 contraventions were witnessed.

    Enforcement priorities
    Enforcement of moving traffic offences at this site will:

    • improve public safety
    • support active travel and public transport
    • reduce congestion

    Site Compliance Pack
    More information on the site can be found in the site compliance pack

  • Site 7 – EX004 – Bus Lane – Cowick Street, Exeter

    Moving traffic restrictions

    Bus Lane

    View the location and the restrictions on Google Maps

    Site background

    There is a bus lane on Cowick Street, between a point opposite St Thomas Church and the junction with Buller Road. The bus lane was first introduced in 1994 and is reserved for buses, taxis, private hire vehicles, and cycles. The bus applies Monday to Friday between 8am-9.15am.

    Contravention history
    Following a video survey between 09/01/2023 – 11/01/2023, 545 contraventions were witnessed.

    Enforcement priorities
    Enforcement of moving traffic offences at this site will:

    • improve public safety
    • support active travel and public transport
    • reduce congestion

    Site Compliance Pack
    More information on the site can be found in the site compliance pack

  • Site 8 – EX005 – One Way – Iron Bridge, Exeter

    A photo montage showing Iron Bridge with the One Way sign that will be erected

    Moving traffic restrictions

    No Entry Except Cycles

    View the location and the restrictions on Google Maps

    Site background

    There is a One Way restriction on Iron Bridge, Exeter from the City Gate pub to Dinham Road. A One Way restriction was first introduced in 2021 to mitigate the impact of displaced traffic from the temporary changes to provide more space for pedestrians on Queen Street. Following a statutory consultation in November 2022, it has been agreed to make the changes permanent and works are currently underway on Queen Street and Iron Bridge to make the necessary changes and are expected to be completed later this year.

    There is no further hard engineering solution for this site due to the lack of space.

    Contravention history
    Following a video survey on the 29/09/2022, 15 contraventions were witnessed.

    Enforcement priorities
    Enforcement of moving traffic offences at this site will:

    • improve public safety
    • protect public infrastructure
    • support active travel and public transport


    Site Compliance Pack

    More information on the site can be found in the site compliance pack

For more information on how we will carry out and manage moving traffic enforcement please see our frequently asked questions.

How do I comment on the enforcement proposals?

Before the council can introduce cameras for moving traffic offences, we are required to carry out a public consultation.

The consultation ran from 14 August until 25 September 2023, it has now closed.

What happens next?

We have considered the comments submitted during the consultation and the decision was made to apply to the Department for Transport for the powers to enforce moving traffic offences.

The Department of Transport had previously indicated that successful applications would be granted powers in March 2024. They have since indicated that a decision on new applications will be made late 2024 / early 2025.


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