How Devon County Council has acquired Moving Traffic Enforcement powers
Devon County Council is one of a number of local authorities in England which has been granted powers from the Department for Transport (DfT) to enforce Moving Traffic Contraventions.
Moving Traffic Contraventions are actions taken by drivers that contravene 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 moving traffic contraventions.
In November 2022 DCC’s Cabinet committee gave their approval to submit an application to the DfT to acquire powers to enforce moving traffic contraventions 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 were identified with some of the sites which needed to be resolved before considering camera enforcement. The rollout of camera locations will therefore be gradual once location specific issues are resolved. 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.
In December 2024, Devon County Council was granted the powers to enforce moving traffic contraventions. More information can be found on the UK Government webpage.
The new powers will enforce areas where existing restrictions are already in place. The council is using ANPR (Automatic Number Place Recognition) camera systems at locations around the county. These are being rolled out on an individual basis.
During the first six months following the go-live date of each enforcement location, motorists caught contravening the rules will be sent a warning letter for their first offence. If caught again after their warning letter, motorists may receive a penalty charge notice (PCN). After the initial six months, all offenders may be subject to a PCN. Motorists will be able to appeal the PCN if they consider that it has been issued unfairly, similar to parking contraventions.
All moving traffic contravention PCNs attract a penalty of £70. Funds generated from penalty charge notices will be ringfenced to fund the enforcement service and if there is any surplus it is restricted for highway or road improvement projects, public transport provision and other environmental projects.
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) |  |