§ Lord Bradshawasked Her Majesty's Government:
Whether the permit fees payable by utility companies who wish to dig up the highway, laid down in the Traffic Management Act 2004, are sufficient to cover the costs to local government of administering the permit scheme, particularly in high cost areas such as London. [HL312]
§ Lord Davies of OldhamThe level of permit fees has yet to be agreed. That level will need to take account of highway authorities' existing duties in assessing the cost to them of operating permit schemes, and hence any fees to be paid. We intend going out to public consultation on the proposed level of the fee and other details of permit schemes shortly.
§ Lord Bradshawasked Her Majesty's Government:
Whether the fixed penalty fines laid down in the Traffic Management Act 2004 for breaches of the New Roads and Street Works Act 1991 are sufficient, in view of the fact that these criminal offences are pursued through the magistrates' courts where the costs incurred by highway authorities exceed the likely fines imposed. [HL313]
§ Lord Davies of OldhamThe Traffic Management Act 2004 increased the maximum fine for offences under the New Roads and Street Works Act 1991 which are prosecuted through the courts from level 3 (£1,000) to level 4 or 5 (£2,500 or £5,000 respectively). 97WA The new maximum fines have been brought in by the first commencement order under the 2004 Act for offences occurring on or after 4 October 2004. It is too early to say what effect this will have on the level of prosecutions by street authorities.
The 2004 Act also introduced a system of fixed penalty notices for breaches of seven offences under the 1991 Act. This is intended to provide street authorities with an alternative system of pursuing offences without recourse to the magistrates' courts. The aim will be to set a fixed penalty level which will act as a deterrent to possible offenders, yet will be low enough to make payment attractive so as to avoid involving the courts. The Department for Transport plans to consult shortly on the proposals for fixed penalty notices, including the level of penalty.
§ Lord Bradshawasked Her Majesty's Government:
Whether they intend that the flexibility for local authorities to use the net revenue from parking enforcement penalty notices issued under the Traffic Management Act 2004 should extend to all functions or be confined to those relating to transport. [HL374]
§ Lord Davies of OldhamSection 95 of the Traffic Management Act 2004 (application of surplus income from parking places) was commenced on 4 October 2004 so that all authorities can now spend surplus income on local environmental improvements as well as provision of public passenger transport service and road improvements. We intend to make regulations in 2005 giving prescribed local authorities the freedom to spend surplus income for any purpose for which they may lawfully incur expenditure.