Has the Secretary of State been misled? You decide ...

In advance of being granted Civil Parking Enforcement powers a senior officer at Devon County Council had to confirm that all lines, signs and TROs had been checked and were compliant. This is to comply with the requirements of the Operational Guidance to Local Authorities


As can be seen from the application (left) this was done. Once you have read the extract then read the admission from the council at the bottom.
Was the Secretary of State misled? There is more to come ...

Key criteria when applying for the power to enforce parking regulations

12.1 The key criteria on which DfT will be need to be satisfied are that:
­ - the authority has reviewed its existing parking policies and analysed how CPE will contribute to overall transport objectives;
­ - the authority has consulted as required and taken account of theirviews in finalising the application;
­ - proposed penalty charges are proportionate to the scale of the traffic management issues facing the enforcement authority;
­ - there is consistency with neighbouring schemes so that motorists and others affected can understand how it works; and
­ - ALL TRAFFIC REGULATION ORDERS (TROS), TRAFFIC SIGNS AND ROAD MARKINGS ARE IN COMPLIANCE WITH LEGAL REQUIREMENTS AND THE TRAFFIC SIGNS AND ROAD MARKINGS ARE CONSONANT WITH THE ORDERS.

What an authority should do before taking on parking enforcement power
Traffic Regulation Orders (TROs)
13.6 The appraisal of parking policy should include the scope and relevance ofall existing on-street and off-street TROs. It should include how they need to change to meet the authority’s parking policy objectives.
The review of the TROs should check whether the restrictions indicated by traffic signs and road markings are the same as those authorised by the TRO and make them consistent if they are not.
THE SECRETARY OF STATE WILL NOT SIGN AN ORDER UNTIL A SENIOR OFFICIAL OF THE AUTHORITY HAS CONFIRMED IN WRITING THAT ALL existing and new TROs, TRAFFIC SIGNS AND ROAD MARKINGS in the proposed CEA:
­ have been reviewed;
­ - ARE IN LINE WITH GOVERNMENT REGULATIONS167 AND GUIDANCE IN RELEVANT CHAPTERS OF THE TRAFFIC SIGNS MANUAL OR HAVE SPECIAL AUTHORISATION FROM DFT;
­ - are consistent with each other; and
­ - are in a good state of repair.
167 Principally the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) or subsequent editions substituted






This now requires a full investigation into the rest of the application for Civil Parking Enforcement powers as it appears as though there are issues with regard to the report commissioned by the council and performed by consultants Parsons Brinkerhoff which highlighted thousands of incorrectly marked restrictions ie. not compliant with TSRGD 2002.