Consultee letter

Department for Transport
Zone 2/06
Great Minster House
76 Marsham Street
London SW1P 4DR
Email: parking.consultation@dft.gsi.gov.uk
Web: www.dft.gov.uk

12 September 2007

My Ref: LUT1 11/6/67
Your Ref:

Dear Sir or Madam
  
Public consultation: Civil Traffic Enforcement - Certification of “Approved Devices”

Introduction

1. On the 8th of August, the Department began a consultation about Operational Guidance to Local Authorities in England concerning Parking Policy and Enforcement.  (That consultation can be seen on the Department’s web site - http://www.dft.gov.uk - under "Consultations").

2. Chapter 5 of that guidance explains that cameras and associated recording equipment used for remote detection of contraventions - “approved devices” - must be certified by the Secretary of State.  It refers to a separate guidance document containing further details.  This is a complementary consultation about that separate document: "Civil Traffic Enforcement - Certification of Approved Devices".

3. The deadline for responses is 5 December 2007.

What is the consultation about?

4. Existing and prospective legislation makes provision for the use of “approved devices” for civil traffic enforcement by local authorities.  It includes (or is expected to include) equipment certification requirements where enforcement is undertaken remotely by cameras. Detailed guidance has been prepared to explain how compliance with the legal requirements will be assessed, and to advise on how applications for certification should be made to the Secretary of State.

5. The procedures will apply where local authorities in England wish to exercise powers granted to undertake civil traffic enforcement by camera for:

• Bus lane enforcement under the Transport Act 2000 (and replacing certain elements of the Department’s current “Provisional guidance on bus lane (including tramway) enforcement in England outside London” published in November 2005).
• Parking enforcement under the Traffic Management Act 2004 (when applicable legislation takes effect as described in the 8 August consultation).
• Bus lane and other moving contraventions under the Traffic Management Act 2004 (when applicable legislation takes effect).

6. The procedures set-out in the above existing Provisional Guidance on bus lane enforcement (which would otherwise have been extended to cover the new parking legislation) have attracted some criticism from equipment manufacturers and traffic authorities as being design-restrictive and impractical for the types of civil traffic enforcement in question.  The new guidance is couched in technology-neutral terms to encourage and enable new systems (in particular those using digital technology) to be developed and used.  The certification procedure is based on a supply of information and data that would normally be produced when procuring an enforcement system, thus minimising the administrative burden of obtaining certification.

7. The Regulatory Impact Assessment produced for the underpinning regulations stated:

"27. Under option 3, the new powers will allow local authorities outside London to provide enforcement with "approved devices" (these powers are already in place for local authorities inside London). The businesses that supply or design the equipment systems used for parking enforcement would be required to obtain certification from the Secretary of State before their equipment could be used.  This certification is needed to ensure that devices provide correct and tamper proof evidence to a common standard. There would be no charge for this certification and the information that the Secretary of State is likely to require to support a request for certification (the details will be set out in the Operational Guidance) would be very much along the lines of tests that any reputable manufacturer/designer of a system would do to satisfy themselves that it meets the high standards required for law enforcement.  Furthermore this will create a new market and therefore is a benefit to businesses."

The Department would like to know whether the proposed procedure:

• strikes the right balance between ensuring the integrity of evidence derived from “approved devices” and the practicability of designing, certifying and commissioning them;
• removes the current constraints on design and choice of equipment for “approved devices” and substitutes appropriate flexibility;
• is proportionate for seeking certification, taking account of the above considerations and the specialist nature of equipment and use to which it will be put. 

Who is likely to be interested in this consultation?

8. The consultation is aimed mainly at designers and manufacturers of the relevant civil traffic enforcement systems and equipment.  It is likely that attended systems (i.e. those that rely on an operator to observe and log potential contraventions as they happen) will be designed by traffic authorities.  Those authorities are asked to ensure that this consultation is drawn to the attention of their Traffic Manager, and traffic control engineers accordingly.  Responses are welcome from anyone else with an interest.

9. A list of those to whom we have sent this consultation is at Appendix A.  If you know of any others who wish to be involved, please let us know.

Code of practice on consultation

10. This consultation has been produced in accordance with the principles of the Government’s "Code of Practice on Consultation" which are included at Appendix B. 

Further copies

11. This consultation can be downloaded from the "Consultations" area of the Department's website:  http://www.dft.gov.uk

12. If you require a hard copy please let us know via the contact address below.

How to respond

13. The deadline for responses is 5 December 2007.  Please use the pro-forma at Appendix C if you wish to comment.  The email address for responses is:
parking.consultation@dft.gsi.gov.uk.

Please title all emails "Consultation on Approved Devices certification".

Alternatively responses can be posted to:

Traffic Management Division Branch 1
Department for Transport
Zone 2/06
Great Minster House
76 Marsham Street
LONDON
SW1P 4DR

14. When responding, please state whether you are responding as an individual or representing the views of a larger organisation.  If responding on behalf of an organisation please make clear who the organisation represents and, where applicable, how the views of members were assembled. 

Collating responses

15. The information you send us may be passed to colleagues within the Department for Transport.  It may also be published in a summary of responses received from this consultation that will be made available on the Department's website www.dft.gov.uk after the consultation period has closed.  

16. Unless you specifically include a request to the contrary in the main text of your submission to us, we will assume that you are content for us to do this; and that, if you are replying by e-mail, your consent overrides any confidentiality disclaimer that is generated by your organisation's IT system.

17. According to the requirements of the Freedom of Information Act 2000, all information contained in the response, including personal information, may be subject to publication or disclosure.  If you want your response to remain confidential, you should explain why confidentiality is necessary.  Please note we can only grant your request if it is consistent with the obligations arising from these regimes. 

Next Steps

18. The consultation period begins on 12 September and will run until 5 December 2007. Please ensure that any response reaches us by that date. The Department will consider all comments received by this date and on how best to proceed thereafter.

Enquiries

19. Enquiries about the contents of this draft guidance should be made to me at the above address or to parking.consultation@dft.gsi.gov.uk

Yours faithfully,

A R Carpenter
Traffic Management Division