Written question asked by Lord Bradshaw (Liberal Democrat), in the House of Lords. It was answered by Earl Attlee (Conservative) on Thursday, 16 December 2010.

Transport: Traffic Enforcement

Question: To ask Her Majesty’s Government, further to the Written Answer by Earl Attlee on 7 December (WA 50), whether local authority appointed wardens are able to enforce penalties for offences other than those relating to road traffic offences set out in Schedule 7 to the Traffic Management Act 2004 such as litter and dog fouling, and whether their duties extend to issues such as cycling in pedestrian areas.

Answer: I presume the noble Lord is referring to my answer of 7 December (Official Report, cols. WA 44-45). Authorised officers of a local authority are able to give fixed penalty notices for minor environmental offences, including those relating to litter and dog fouling. My previous answer related to the contraventions set out in Schedule 7 to the Traffic Management Act 2004, and the power to enforce them is given to the enforcement authority, rather than an official. A penalty charge relating to those contraventions shall not be imposed except on the basis of a record produced by an approved device or information given by a civil enforcement officer as to the conduct observed by him. The Department for Transport's advice on the duties of those civil enforcement officers, which reflects its interpretation of relevant legislation, is set out in paragraph 6.14 of Operational Guidance to Local Authorities: Parking Policy and Enforcement, published in March 2008. Enforcement of cycling offences in pedestrian areas remains the responsibility of the police.

Secondary information

Type: Written question
Reference: 5090; 723 c226-7WA
Session: 2010-12
Related items: Transport: Traffic Enforcement
Tuesday, 7 December 2010
Written questions
House of Lords
Subjects: Cycling Enforcement Dogs Fines Local government Litter Parking attendants Pedestrian areas
Legislation: Traffic Management Act 2004
Link: View this Written question on www.publications.parliament.uk