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26 th June 2008 Enforcement Task Force Conference 2008 Enforcement for all? Bill Blakemore Programme Manager, The SPARKS Programme

26 th June 2008 Enforcement Task Force Conference 2008 Enforcement for all? Bill Blakemore Programme Manager, The SPARKS Programme

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26th June 2008 Enforcement Task Force Conference 2008

Enforcement for all?

Bill BlakemoreProgramme Manager, The SPARKS Programme

26th June 2008 Enforcement Task Force Conference 2008

FRV ?

But how to enforce?

• No system to enforce penalty payment across a national border

26th June 2008 Enforcement Task Force Conference 2008

So what’s going on with FRV’s?Most comply with rules, but:• FRV’s twice as likely to fail to pay

congestion charge.• Hard core of frequent offenders

abuse parking and bus lane rules• 11% of the FRV’s (15,000 vehicles)

remain in UK beyond the 6 months deadline for DVLA re-registration.

• FRVs are 30% more likely to be involved in an accident than a UK registered vehicle

• 60% of HGV’s that fail VOSA roadside test for mechanical faults are FRVs

• FRVs are more likely to be caught on camera speeding

26th June 2008 Enforcement Task Force Conference 2008

Not just a UK problem about parking

• Take the experience in Bruges:– 24,000 parking tickets– 4,800 from FRV’s– 60% of those are French– No payment

• Dublin motorway ring road• Amsterdam• Malta• Low emission zones across

Europe

26th June 2008 Enforcement Task Force Conference 2008

26th June 2008 Enforcement Task Force Conference 2008

UK is making some progress

26th June 2008 Enforcement Task Force Conference 2008

Local Transport Bill

Criminal Justice & Immigration Act, part 6

Discussions about data sharing trials

26th June 2008 Enforcement Task Force Conference 2008

Local Transport BillClause 119:  Disclosure of information relating to foreign-registered vehicles

(amending Road Safety Act 2006)

The Secretary of State may disclose information … to any person or body referred to in subsection (3)…

This subsection applies to information that—

(a)   is derived from particulars contained in a register of vehicles that is maintained in a country or territory outside the United Kingdom, and

(b)   has been obtained by the Secretary of State from the authority or authorities of that country or territory with responsibility under the law of that country or territory for maintaining the register.

subsection (3) The persons and bodies are

(a) a local authority, where the disclosure is made for any purpose connected with the investigation of (i) an offence, or (ii) a road traffic contravention

(b)  Transport for London, where the disclosure is made for such a purpose

(e)  the chief officer of police of a police force in England and Wales

(h)   an officer of Revenue and Customs

(j) a person who the Secretary of State is satisfied has reasonable cause for seeking disclosure of the information.

8

But is ‘Europe’ moving in the

right direction?

26th June 2008 Enforcement Task Force Conference 2008

The proposed Cross-border enforcement directive has major

weaknesses for the UK

26th June 2008 Enforcement Task Force Conference 2008

Financial Penalties Framework Decision

Is this the best the EU can do?

26th June 2008 Enforcement Task Force Conference 2008

EC Green Paper consultation

“Towards a new culture for urban mobility”

Aim: to create a European urban mobility strategy

“The Action Plan will indicate a time line for implementation and the allocation of responsibilities between the various actors”.

26th June 2008 Enforcement Task Force Conference 2008

We await the action plan

• Reducing Congestion• Green (low emission)

zones• Use of new technologies /

ITS• Financial resources /

funding“Is there an issue of cross border enforcement of local rules governing Green Zones?...

What could be the potential role of the EU?”

26th June 2008 Enforcement Task Force Conference 2008

Our own efforts

• Eurosparks

• Eurosparks Two?

26th June 2008 Enforcement Task Force Conference 2008

Eurosparks Project summary

• Legal research into actual and potential national and EU level remedies to assist with cross-border enforcement

• Identifies legal basis under Article 71 of the EC Treaty (Transport Policy) for EC action

• Recommends new legislation to address penalty enforcement as best way forward

• Highlights need for Framework Decision to be revised as ‘second best’ if no appetite for new directive.

• Identifies weaknesses in fragmented bilateral treaty approach

26th June 2008 Enforcement Task Force Conference 2008

Eurosparks Two?

• Aims to develop a better process model for collection of financial penalties across national borders

• Will draft a proposal for a directive to implement recommendations

• 29 individuals from 24 different legal entity partners. Eleven EU member states represented

26th June 2008 Enforcement Task Force Conference 2008

Our Key aims for rest of 2008

• Support UK legislative plans for better data sharing

• Seek to expand the scope of the planned directive

• Broaden our campaign to better represent groups outside London and across Europe

26th June 2008 Enforcement Task Force Conference 2008

26th June 2008 Enforcement Task Force Conference 2008

Target members for SPARKS Network

Full members• Public authorities

responsible for traffic enforcement

• Police Forces• Related associations

Associate & Commercial Members

• Central government bodies responsible for transport / justice involved in enforcement activity

• Licensing authorities holding databases of vehicle data

• Not-for-profit organisations / think tanks / lobbying groups in related fields

• Academic institutions• Private sector organisations

involved in traffic enforcement26th June 2008 Enforcement Task Force

Conference 2008

Enforcement for all?Some way off...

Bill Blakemore

Email: [email protected]

Tel. 0118 931 3616

www.sparksproject.org

26th June 2008 Enforcement Task Force Conference 2008