Decision Maker: Executive
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
The report sets out policy proposals to
introduce an enforcement regime with respect to vehicle emissions.
The report follows recommendations from the Licensing and Safety
Committee on the 24th October 2019 who Resolved that ‘the
Committee recommended officers consider the implications of
adopting the delegated powers for dealing with idling vehicles,
including taxis’
RESOLVED that
i. the Council should as a matter of Policy enforce the provisions Road
Vehicles (Construction and Use) Regulations 1986 in so far as they relate to
idling of vehicles and where appropriate to do so to issue fixed penalty
notices in accordance with The Road Traffic (Vehicle Emissions) (Fixed
penalty) England Regulations 2002;
ii. In accordance with the Council’s Constitution (Part 2: Section 6, Table 1 c)
that the Executive Director - Delivery authorises relevant officers to enforce
the provisions;
iii. the Public Protection Manager on behalf of the Council seeks ‘Designation’
status under Part 2 of the Road Traffic (Vehicle Emissions)(Fixed Penalty)
Regulations 2002 from the Secretary of State in order that it may enforce the
‘emissions offences’ set out in Regulation 61 and 61A Road Vehicles
(Construction and Use) Regulations 1986 as amended;
iv. In accordance with the Councils Constitution (Part 2: Section 6, Table 1 (c)
that the Executive Director - Delivery authorises relevant officers to enforce
the provisions set out in C above should the relevant ‘Designation’ be
granted by the Secretary of State.
These recommendations if adopted will allow Officers of the Council (including officers from the Public Protection Partnership) and others so authorised to raise awareness, engage, educate and ultimately enforce the relevant legislation to tackle vehicle idling across the Borough and carry our emissions testing within the Air Quality Management Areas. These proposals are considered to complement the efforts to ‘change habits’ by people using vehicles in the Borough. It is to be stressed that the aim is to bring about change as part of a wider package of measures and not to be seen as a source of revenue generation. The penalties are such that the work is unlikely to achieve cost neutrality but will be seen as part the of the Councils wider approach to improving air quality as part of its Climate Change strategy.
The only alternative is not to take the proposed policy position but to bring about
compliance purely through encouraging change of practice. It is however felt that this
policy position enhances and strengthens the desire to bring about change and of itself allows for promotion of the issues through signage etc.
None
Reason Key: Affects more than 1 ward;
Wards Affected: (All Wards);
Financial Impact: The financial implications are included within the body of the report
Declarations: None
Subject to Urgent Proceedings: No
Making Representations: In writing to the Executive Director of Delivery
Other reasons / organisations consulted
The matter of idling was considered by the
Licensing and Safety Committee on the 24th October 2019
Consultees
Licensing and Safety Committee
Contact: Damian James, Assistant Director: Contract Services Email: damian.james@bracknell-forest.gov.uk Tel: 01344 355157.
Report author: Damian James
Publication date: 09/02/2021
Date of decision: 09/02/2021
Decided at meeting: 09/02/2021 - Executive
Effective from: 17/02/2021
Accompanying Documents: