Moving Traffic Enforcement (MTE) consultation

We aim to start bus lane/permitted vehicle enforcement by Automatic Number Plate Recognition (ANPR) cameras in the Suffolk area. If you drive illegally in a bus lane or restricted area then you may receive a Penalty Charge Notice (PCN). Warning notices will be issued for a predefined period.

Pilot sites will have ANPR cameras and recording systems that have been approved devices for enforcement use by Vehicle Certification Agency and Department for Transport. Such devices are highly accurate and able to capture the number plates of over 97% of passing vehicles successfully. We are consulting on what type of enforcement this will be.

Outside of London the PCN has a maximum limit of £70, which must be paid within 28 days of the date of service, many local authorities will accept a lower sum if the PCN is paid promptly (typically within 14 days of the date of issue).

The benefits of civil traffic enforcement allow for Highway Authorities to achieve highway compliance, when compliance is achieved it can have a number of benefits such as:

• increase bus service reliability and therefore improve bus passenger journey times
• encourage use of public transport that is likely to reduce congestion on the roads
• promote cleaner air in urban areas
• promote a beneficial active travel environment that is safer for pedestrians and cyclists

Currently Suffolk has identified four pilot enforcement areas:

• Dogs Head Street, Ipswich
• Upper Brook Street, Ipswich
• Fore Street, Ipswich
• Old Norwich Road, Claydon (North of Ipswich)

Signage will be installed to warn and educate drivers, the signage much be adhered to or any vehicle owner could receive a PCN. Once the enforcement type has been identified, the website will create a page for each site of enforcement and how drivers can avoid or access the site if required.

A contravention is defined breach of the Traffic Regulation Order, for example if there is signage that indicates only certain traffic are permitted or similar, the vehicle operator must adhere to this signage. If the vehicle operator continues to proceed through there is a possibility the vehicle owner will receive a PCN. Further information on the specifics will be written into the Traffic Regulation Orders (TROs) before enforcement commences.

Each site of enforcement will have signage that applies specifically to that route and what the restrictions are. As part of obtaining a driving licence there is an expectation for drivers to understand standard signage. If a driver travels through a route that indicates that it is a restrictive route, the vehicle owner will likely receive a penalty charge notice.

Only buses (and, where indicated by signs, other permitted vehicles) can use bus lanes. The definition of a bus contained in the Traffic Signs Regulations and General Directions 2016 is ‘a motor vehicle constructed or adapted to carry more than eight passengers (exclusive of the driver)’. Therefore, a bus must have a minimum of nine seats including the driver.

Permitted vehicles can vary, so drivers should check the signs at the start of the lane or bus only street before entering. Emergency vehicles (on an emergency call or operational manoeuvre) are exempt from these restrictions.

Parking is not allowed, even if you have a blue badge or a permit, if you block the carriageway, you may be issued a PCN.

The registered keeper of the vehicle concerned can expect to receive a PCN when enforcement begins. All PCNs will contain details of the alleged contravention, details of the vehicle and photographs that establish the contravention.

Suffolk does not currently carry out any moving traffic enforcement, therefore prior to this, the enforcement of these restrictions was exclusively the responsibility of the police.

All signage around the enforcement areas must adhere to strict nationwide policies that use signage approved by central government and in line with the Highway Code. All drivers using a motor vehicle must be licenced and as part of the process of acquiring a driving licence, should be aware of the signage meaning. Not knowing an area is not an acceptable excuse for ignoring road traffic signage.

Motorists are expected to comply with the restrictions irrespective of their level of familiarity with the local area.

Bus lane and moving traffic offences are not decriminalised and, where civil enforcement of bus lanes applies in an area, contraventions of bus lane orders may continue to be enforced as a criminal offence by the Police. In the event that a Fixed Penalty Notice is issued by the Police for the same offence for which a PCN is produced, then we will cancel the PCN.

The income from PCNs pays the cost of enforcement. These include the costs of employing the ANPR camera operators, the administrative staff involved in processing and collecting the penalties, maintenance of signs and lines and other associated costs. Any surplus remaining after deduction of costs must go towards measures to improve public transport or other highway associated improvements.

The powers to conduct civil enforcement will not strip the police of criminal enforcement powers and should there be an occasion where a Penalty Charge Notice (PCN) and a Fixed Penalty Notice (FPN) are issued for the same offence, the FPN takes precedence, and the driver would only have to pay the FPN. A PCN is a civil matter whereas a FPN is a criminal prosecution if the penalty is not paid.