"Dear Councillor Kabir,

Thank you for your recent email to Sandor Fazekas, requesting clarification on the various enforcement powers. Your email was also recorded as a Member Enquiry, and I can provide the following information.

The civil enforcement of traffic restrictions by a local authority, including the issuing of PCN’s is provided for and regulated by various pieces of legislation. It is largely derived from the Traffic Management Act 2004 and Road Traffic Regulations Act. 

The Councils Parking Enforcement Contractor, NSL, has the legal powers to issue PCNs to vehicles parked in contravention of restrictions and we have additional powers than enable us to use CCTV cameras to enforce restrictions such as yellow box junctions, bus lanes, banned turns, school street zones and the likes. These are all classified as civil offences. 

Other motoring offences, such as speeding, are enforced by the Police because this could lead to a criminal prosecution. These include speed cameras and Road Policing Officers that enforce traffic laws and ensure motorists driving dangerously can be penalised by issuing a fine, points on their license, a ban or a prosecution. 

Similarly, vehicles that are on the road with an expired MOT or Insurance will be enforced by the Police as these too are classified as a criminal offence. Often traffic police use ANPR cameras installed in their patrol cars and are continuously active as they drive. They can scan the vehicle registration numbers to check if the vehicle has valid MOT and insurance and they often operate a stop and check by the roadside. 

Individuals can also make a report to the Police but the advice they provide is that to only report a vehicle with no MOT to the police if it’s being used (driven) on a road.

Road Tax is administered and enforced by the Driver and Vehicle Licensing Agency (DVLA). The DVLA have a checking and reporting tool on their website where anyone can check to see if a particular vehicle has a valid Road Tax (the system also checks for a valid MOT) and if not, they can report online at the following link:  https://www.gov.uk/report-untaxed-vehicle. The DVLA can then issue a fine and either clamp the vehicle or remove it. This includes vehicles that are parked on the public highway. Vehicles kept off-street such as in a private driveway are not enforced but the owner is required to inform the DVLA and make a Statutory Off Road Notification (SORN) declaration. 

Regarding checking and taking action on vendors parking their vehicles for sale or repair on the public highway, where we have had similar reports of this activity in the past, we have been informed that this should be reported to our Licensing team to investigate.

I trust you find this information helpful and if I can be of further assistance, please do not hesitate to contact me."