Code of Practice for Operation of CCTV
Enforcement Cameras in the
[Enforcement Authority]
Version 3.3 – December 2009
CONTENTS
Title
Page
1. INTRODUCTION
1
1.1 Background
1
1.2 Commitment and Responsibility
1
1.3 Code of Practice
1
2.
THE OPERATION OF CCTV ENFORCEMENT CAMERAS
3
2.1 CCTV Camera Surveillance
3
2.2 The Legal Framework
3
2.3 Enforcement of Traffic Regulations by CCTV
4
2.4 Operation of the System
6
2.5 Retention and Use of Evidence
7
2.6 Guidelines for Appeals
9
2.7 Security of Operations
11
2.8 Procedures
Manual
11
2.9 Operating
Personnel
11
APPENDICES
1.
Particulars of Operating Authority
13
2.
Example CCTV Control Room Log Sheet
14
3.
Example CCTV Enforcement Log
15
4.
Sample Authorised Officer Witness Statement (Parking Contraventions)
16
5.
Sample Authorised Officer Witness Statement (Bus Lane Contraventions)
17
6.
Sample Authorised Officer Witness Statement (Moving Traffic Contraventions)
18
7.
Right to Request the Attendance at Appeal of the Person Signing the Authorised
19
Officer Witness Statement (Bus Lane Appeals)
8.
Glossary of Terms
20
9.
London Councils TEC approved training courses for CCTV operators
22
INTRODUCTION
1.1 Background
1.1.1
Since 1999 the London Boroughs and Transport for London have been using CCTV
cameras to enforce traffic regulations. The introduction of enforcement of traffic
regulations by CCTV cameras is one part of a wide-ranging programme of measures to
improve the reliability and punctuality of public transport, reduce congestion and pollution.
The aim of most traffic management measures, such as bus lanes and parking regulations
is to give priority to certain groups of road users by excluding others during prescribed
hours. The introduction of CCTV monitoring of traffic regulations is intended to reduce the
level of contraventions and so reduce delays on the highway network.
1.1.2
An essential and integral part of any CCTV system is a Code of Practice, which sets out
the objectives of the system and the rules by which it will be operated. This Code of
Practice ensures that issues such as privacy, integrity and fairness are properly dealt with.
It sets a minimum standard which must be adhered to by all those authorities in London
enforcing traffic regulations using CCTV cameras to ensure public confidence in the
scheme.
1.1.3
This Code of Practice is designed to operate within the framework of the relevant pieces
of legislation and to complement the Statutory and Operational Guidance produced by the
Department for Transport. If there are any contradictions between this document and the
relevant legislation or guidance documents then those should take precedence.
1.2
Commitment and Responsibility
1.2.1
The London Councils Transport & Environment Committee supports this Code of Practice
and the CCTV monitoring scheme, which it regulates. Permission to operate the scheme
will be granted only to London local authorities, which commit to and take responsibility for
its fair, legal and widespread implementation and its maintenance, review and
improvement as appropriate within this Code of Practice.
1.2.2
Within this overall framework for London individual local authorities will operate separate
monitoring schemes in conjunction with the local police and other partners. The addresses
of the authorities responsible for operating these particular schemes are given in
Appendix 1 paragraph 1.
1.2.3
All data shall be processed fairly and lawfully and the operators of the system will ensure
that appropriate security measures shall be taken against unauthorised access to,
alteration, disclosure or destruction of, personal data and against accidental loss or
destruction of personal data.
1.3
Code of Practice
Key Purpose of Code
1.3.1
This Code of Practice applies to the use of the CCTV systems for the purposes of
enforcing parking and traffic regulations only.
1.3.2
This Code of Practice has been drawn up to ensure that the use of CCTV to monitor traffic
is consistent throughout London and in accordance with current best practice. The Code
ensures that issues such as privacy and integrity are properly respected. CCTV in public
places must be operated with regard to the advice and guidelines issued by the Home
Office, Police Scientific Development Branch, Local Government Association, Office of
1
Data Protection Registrar, the Local Government Information Unit the CCTV User Group
and London Councils Traffic Camera Enforcement Group.
Availability of the Code to the Public
1.3.3
Copies of this Code of Practice are publicly available in accordance with the Local
Government (Access to Information) Act 1985. The Code can be inspected at many
addresses throughout London – the most local are given at Appendix 1 paragraph 2.
Monitoring and Review of Code
1.3.4
The operation of this Code will be regularly reviewed by each of the London local
authorities operating CCTV monitoring. Authorities are required to report on CCTV
operations as part of the annual report produced under the Traffic Management Act 2004.
These reports will be made available for public inspection at the address given in
Appendix 1 paragraph 3.
1.3.5
The London Councils Transport & Environment Committee will also monitor the scheme in
respect of its wider operation across London.
Changes to Code
1.3.6
It is intended that this Code will be amended as necessary to ensure that it continues to
reflect current best practices. Changes to the Code will be classified as minor and major.
1.3.7
Minor changes are those that only affect the operation of the scheme locally and may only
be made after the agreement of senior representatives of all parties concerned in the
operation of the local scheme. Examples of minor changes are amending nominated
officers or areas of application. Minor changes do not need to be reported to London
Councils.
1.3.8
Major changes are those that affect more than one authority and usually involve a change
in overall London policy. Major changes may only be made with the authority of the
London Councils Environment & Transport Committee.
Detailed Objectives of Code
1.3.9
The Code of Practice has been designed to meet the following detailed objectives: -
• To satisfy the community that the camera enforcement system is being operated
competently and honestly by its operators.
• To reassure the community over the privacy of private areas and domestic buildings.
• To ensure that operating staff are aware of and follow the correct procedures in the
case of an ‘incident’.
• To use cameras as a deterrent and improve driver compliance with traffic regulations.
• To facilitate the detection and prosecution of offenders in relation to non-compliance
with existing regulations.
• To assist with achieving the key objectives of other town centre CCTV schemes
operated by the local authority.
Queries and Complaints about Code
1.3.10 Queries and complaints about this Code or its general operation should be sent to the
address given in Appendix 1, Paragraph 4.
1.3.11 Queries or appeals against any specific Penalty Charge Notice (PCN) shall be made to
the address shown on that PCN. Further details appear in paragraph 2.4.8.
2
2.
THE OPERATION OF CCTV ENFORCEMENT CAMERAS
2.1
CCTV Camera Surveillance
2.1.1
Closed Circuit Television (CCTV) cameras operated by local authorities in public places
are used for a wide variety of purposes including the prevention and detection of crime,
protection of public and private property, town centre management, traffic monitoring and
the enforcement of traffic regulations. A single CCTV camera may be used for a number
of these purposes at different times of the day.
2.1.2
The CCTV cameras operated by a local authority may be owned or leased by that
authority or by Transport for London. The police may also have access to some of the
CCTV cameras owned and/or operated by the local authority and Transport for London.
Each authority may use the cameras for any of the purposes specified in paragraph 2.1.1.
2.1.3
The cameras used for the enforcement of traffic regulations may be used for more general
street surveillance when traffic restrictions are not in operation by the Police, TfL or by
CCTV systems operated by other Departments of the local authority.
2.1.4
This Code of Practice specifically relates to the use of CCTV cameras when they are
being used to enforce traffic regulations. It is supplemented by a procedural manual
containing specific instructions on the use of the camera and recording equipment and
control room procedures. Separate Codes of Practice exist covering the other purposes
for which CCTV cameras are used.
2.1.5
Mobile, transportable and handheld cameras may be used within an area for the purposes
of the enforcement of traffic regulations. The use of such cameras will be governed by this
Code of Practice and any procedures ancillary to it.
2.2
The Legal Framework
Legislation governing the operation of CCTV systems
2.2.1
The operation of CCTV systems must be undertaken with due regard to the following
legislation:
• The Data Protection Act 1998
• The Human Rights Act 1998
• The Regulation of Investigatory Powers Act 2000
• The Freedom of Information Act 2000
Legislation governing the enforcement of traffic regulations using CCTV cameras
2.2.2
The enforcement of traffic regulations by CCTV cameras is regulated under the following
legislation:
• Road Traffic Regulation Act 1984
• Road Traffic Offenders Act 1988
• Road Traffic Act 1991
• London Local Authorities Act 1996
• The Road Traffic Offenders (Additional Offences and Prescribed Devices) Order 1997
• London Local Authorities Act 2000
• The Transport for London (Bus Lanes) Order 2001
• London Local Authorities and Transport for London Act 2003
• Traffic Management Act 2004
• The Civil Enforcement of Parking Contraventions (England) General Regulations 2007
3
• The Civil Enforcement of Parking Contraventions (England) Representations and
Appeals Regulations 2007
• The Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order
2007
2.2.3
Together these Acts allow a London Local Authority to install structures and equipment on
or near a highway for the detection of contraventions of Traffic Regulation Orders and to
use the information provided by them, to serve a Penalty Charge Notice (PCN) on the
registered keeper of a vehicle which contravenes the Traffic Regulations.
2.2.4
Relevant Traffic Regulation Orders must be made available on request.
2.2.5
Records of the keepers of vehicles that contravene traffic regulations will be obtained in
accordance with the Driver and Vehicle Licensing Agency enquiry procedures.
2.3
Enforcement of Traffic Regulations by CCTV
2.3.1
The primary objective of any CCTV camera enforcement system (‘the system’) is to
ensure the safe and efficient operation of the road network by deterring motorists from
breaking road traffic restrictions and detecting those that do. To do this, the system needs
to be well publicised and indicated with lawful traffic signs.
2.3.2
In order to encourage compliance with traffic regulations the system enables fully trained
staff:–
• to monitor traffic activity in accordance with relevant legislation and guidance, including
this Code of Practice;
• to identify vehicle registration number, colour and type of unauthorised vehicles
contravening traffic regulations;
• to support the serving of Penalty Charge Notices (PCNs) to the registered keeper of
vehicles identified contravening the regulations;
• to record evidence of each contravention to ensure that representations and appeals
can be fully answered;
• to enable timed and dated pictorial evidence of such unauthorised driving or stopping
to be produced for adjudication or as information to the owner of such vehicles;
• to enable the despatch of a Civil Enforcement Officers and / or a secondary
enforcement team for targeted enforcement of vehicles contravening traffic regulations.
2.3.3
The system is intended to view activity on public carriageways and footways. It will not be
used to invade the privacy of any persons in domestic, business or other private premises,
buildings or land.
Extensions and changes to the area surveyed
2.3.4
The operating London local authority can extend or change the areas covered by the
CCTV system subject to normal internal procedures.
Signs
2.3.5
Relevant camera enforcement signs should be displayed in areas where the system
operates. The signs will not define the field of view of the cameras but will advise that
CCTV camera enforcement is taking place in the area.
Systems, Equipment and Enforcement
2.3.6
This section gives a general description of systems and their uses. It is not exhaustive in
nature, nor does it supersede or replace any legislative requirements.
4
2.3.7
CCTV enforcement systems fall into two generic types:
• Attended
Systems
• Unattended
Systems
2.3.8
These are currently used across three enforcement streams although not all system types
can necessarily be used against all work streams.
• Parking
• Bus
Lanes
• Moving
Traffic
Attended System
2.3.9
Attended systems are operated in real time by a camera operator who views the images
from roadside equipment. The operator may be located in a central control room or locally,
such as a vehicle-based control room. Contraventions are observed by the operator and
PCNs are issued primarily on the basis of the operator's observations and supported by
the image recordings.
Unattended System
2.3.10 Unattended systems are automated CCTV systems which operate without operator
intervention. They record contraventions from which PCNs are issued on the basis of the
recorded images. The recorded images must be reviewed by an operator before a PCN is
issued.
Parking Enforcement
2.3.11 Equipment that can be used for the enforcement of parking contraventions via CCTV is
regulated by the Traffic Management Act 2004 and the associated legislation. The 2004
Act provides a system approval scheme for CCTV systems used for parking enforcement
known as “Approved Device Certification”. From 31 March 2009 all systems used for the
enforcement of parking contraventions must be certified by the Department for Transport
(or its appointed agents) under this scheme. The scheme specifies how changes in the
system must be carried out and recorded.
Bus Lanes
2.3.12 Unlike Parking Enforcement, there is no requirement for an approved device under
London Local Authorities Act 1996. The 1996 Act requires that the equipment be a
prescribed device, described in the Road Traffic Offenders Act 1988 (as amended) as:
"a camera designed or adapted to record the presence of a vehicle on an area of road
which is a bus lane or route for use by buses only."
It is therefore the responsibility of each enforcing authority to ensure that the equipment
they use fits within the description of the 1988 Act.
2.3.13 If bus lane enforcement is being performed under the Transport Act 2000 then an
approved device is required. Approval is similar to that for parking enforcement except
that the system must additionally comply with the Bus Lanes (Approved Devices)
(England) Order 2005.
2.3.14 Authorities should also be mindful of the possibility for harmonisation of legislation under
the Traffic Management Act when specifying camera systems for bus lanes.
5
Moving Traffic
2.3.15 There is currently no specific legislation governing CCTV equipment that can be used for
the enforcement of moving traffic contraventions.
2.3.16 Authorities should be mindful of the requirements of systems used for parking
enforcement when carrying out moving traffic enforcement and should consider their
features as an indication of the requirements of systems that would be considered fit for
purpose. That is not to say however that a system used for moving traffic enforcement
under the London Local Authorities and Transport for London Act 2003 must conform to or
be approved by the Department for Transport.
2.3.17 Authorities should also be mindful of the possibility for harmonisation of legislation under
the Traffic Management Act when specifying camera systems for moving traffic
enforcement.
2.4
Operation of the System
Monitoring of Traffic
2.4.1
Only properly trained and qualified operators (see section 2.9 – Operating Personnel) will
operate the system.
2.4.2
A contravention of traffic regulations will be identified depending on whether the system is
attended or unattended.
2.4.3
Contraventions will be identified from attended systems by monitoring the screen and
operating the cameras in real time. The operator must obtain the most effective images of
a vehicle and its surrounding circumstances at the time when any contravention may be
occurring. Contraventions must be identified at the time when they are committed. Pre-
recorded video images will not be studied to identify contraventions committed at some
earlier time.
2.4.4
Unattended systems identify contraventions automatically and store them for later
processing. Such images must be verified by operators prior to notices being issued.
2.4.5
When a non traffic ‘incident’ is caught on camera, operators will follow procedures agreed
locally with the police and other scheme partners. All such incidents are to be recorded on
a Control Room Log Sheet. An example of this document, which can also be used to
record equipment faults, is included in Appendix 2.
2.4.6
When a contravention is observed using an attended system and sufficient evidence has
been recorded, the operator will record the time and sufficient vehicle identifier information
in an electronic or handwritten logbook or by utilising approved audio equipment (see
2.3.13). The operator will then continue monitoring. An example of the layout for a
Camera Enforcement logbook is included in Appendix 3.
Issue of Penalty Charge Notices (PCNs)
2.4.7
The Secretary of State recommends that all PCNs should be issued within 14 days of the
contravention. A PCN should be sent by first class post and must not be sent by second
class post. Any notice served by first class post is deemed to have been served on the
second working day after posting unless the contrary is proved.
6
2.4.8
Reasons for not serving the PCN within 14 days should be restricted to those that are
outside of the control of the authority, for example where details from the DVLA have not
been received in time.
2.4.9
In any case, PCNs must be served within 28 days of the date of contravention unless
keeper details have not been received from DVLA.
Representations
2.4.10 With regard to bus lane contraventions, formal representations specifically concerned with
the issue of any Penalty Charge Notice (PCNs) from this system can only be made once
the Enforcement Notice has been issued to the keeper of the vehicle. An Enforcement
Notice will seek details of any Police Notice of Intention to Prosecute (NIP), which may
have been issued in relation to the same alleged infringement. With regard to moving
traffic contraventions formal representations can be made once the Penalty Charge Notice
has been issued to the keeper of the vehicle.
2.4.11 In all cases, the enforcing authority must consider the representations and, if it does not
accept them, issue a Notice of Rejection. If the keeper is not satisfied by this outcome,
there is a right of further appeal to the independent adjudicators at the Parking and Traffic
Appeals Service (see section 2.6 – Guidelines for Appeals).
2.5
Retention and Use of Evidence
Ownership, copying and release of recordings
2.5.1
All recordings are the property of the Authority operating the scheme and may not be
copied or released from the Control Room or from secure storage without the formal
written agreement of the Senior Officer nominated in Appendix 1 paragraph 5. A copy of
the section of footage, relevant to a particular contravention, will only be released:–
•
to the appellant in whatever means the authority deems appropriate
•
to the Parking and Traffic Appeals Service (and copied to the appellant)
•
to the Police
•
to Lawyers acting for appellants in Traffic Appeals
•
to Lawyers acting for defendants/victims in connection with criminal proceedings
•
to a third party prosecuting authority, such as Customs & Excise or the Health &
Safety Executive.
•
by court order, in connection with civil proceedings
•
in the case of VHS video and DVD’s, to be magnetically erased and properly
disposed of after twelve cycles of use. Authorities and any of their agents
undertaking the disposal should ensure safe destruction. They should also keep
recordings for an adequate amount of time in line with the policy of the authority.
2.5.2
Recordings (or copies of a section of a recording) will only be released over signature to
representatives of the above organisations after proof of identity. Recordings (and copies
of recordings), which are released, remain the property of the Local Authority. Any
recording released to the Police will be dealt with by the Police as an exhibit and shall not
be used for anything other than the purpose specified and identified when released to the
Police. A detailed record must be kept of the recording (or section of it) that has been
released and the reason for its release.
2.5.3
The Local Authority will provide the Police with a statement confirming the integrity of the
recording, if required for evidential purposes.
2.5.4
Under no circumstances will recordings be released to members of the public except as
per section 2.5.15 below, or to media or other commercial organisations except where
7
such recordings are to be used for educational or training purposes or where release is
required under relevant legislation.
2.5.5
Recorded material will only be used for the purposes defined in this Code of Practice and
will only be accessed as defined in this Code of Practice. In no circumstances will
recorded material (or any copies or still prints generated from it) be sold or lent for any
purpose other than those set out above. Copyright of all recorded material and stills
printed from such material remain totally with the operating authority.
Viewing of recording media
2.5.6
A person who has received a PCN or the keeper of the vehicle is entitled to view that
section of the media recording showing the contravention for which the PCN was issued.
Viewing of videotapes, DVD’s or other recording medium, will only be arranged following
formal agreement of the Senior Officer nominated in Appendix 1 paragraph 5. Viewing of
the media evidence should be arranged as soon as possible after a request has been
made by the person in receipt of the PCN. The viewing area should not only be secure,
but it should be designed and laid out so that only those in the viewing room can see the
images. A still image may be supplied at no charge, as an alternative, in a situation where
it is not possible to arrange a viewing of media evidence. Authorities may agree to send
the media recording to the keeper of the vehicle upon request, which may incur a small
cost. Recordings may also be viewed on-line if the authority has this facility. The PCN
number and VRM would need to be entered to activate this service.
2.5.7
Viewing of recordings will only be permitted in the following circumstances:–
•
to support the issue of a PCN
•
as an alternative to releasing a recording to one of the parties nominated in
paragraph 2.5.1 above
•
as part of internal audit, review or disciplinary procedures
•
as part of the training process for control room staff
•
for education and road safety training.
2.5.8
Viewing of recordings will only take place in a secure area except where the recipient of
the Penalty Charge Notice or his nominated agent has specifically signed a waiver stating
otherwise. This waiver will only be valid for viewings by the recipient or his agent. Whether
in a secure area or not, the viewing will be supervised by properly authorised staff. Only
the ‘working media’ recording will be viewed. ‘Evidence media’ recordings will not be
viewed.
2.5.9
The person supervising the viewing must enter full details of the event in the Control
Room Records including:–
•
time, date and location of viewing
•
the serial numbers of all tapes or discs viewed, the sections of those tapes or discs
which were viewed (using the start and finish frame numbers) if applicable
•
the reasons for viewing each tape or disc
•
details of the people present at the viewing.
2.5.10 In the case of digital storage media it is sufficient for the system to log, with the video
image:
•
time, date and location of viewing
•
the reasons for viewing
•
details of the people present at the viewing.
2.5.11 These records should be subject to regular audit, at least once a year, by officers
specified in Appendix 1, paragraph 7.
8
Still Images
2.5.12 Still images must be provided in accordance with the relevant legislation. Notwithstanding
this, authorities should include such still images on the PCN to show sufficient grounds for
the PCN being issued. Still images should be sent upon request. No charge is to be made
for the provision of such images. The image then becomes the property of the person
who received the PCN. All other still images will remain the property of the operating
Authority.
2.5.13 A still image is a print onto paper of the picture held on a single field or frame of the video
recording. The equipment will be used to generate these still images and each image
produced will contain its unique frame number and the time (HH MM SS) and date (DD
MM YY – or similar format) of the occurrence.
2.5.14 Still images will only be generated at the discretion of the Senior Officer indicated in
Appendix 1 paragraph 5 and only for the following purposes:–
•
to support the issue of a PCN
•
as evidence for an Appeal
•
if the Police or other organisation with appropriate authority request such an image
with detailed written reasons for their request.
2.5.15 Each still image will be given a unique serial number and will be logged and accounted for
at all times. Still images will only leave the Control Room when requested by the recipient
of the relevant PCN or signed out as evidence in the possession of the Police or other
relevant organisation.
2.5.16 Still images produced outside the normal progression of a case must only be made by
properly authorised staff, and must be logged and auditable.
2.5.17 Still images, which are no longer required, are to be destroyed in the Control Room and
the destruction of each image will be recorded in the Control Room records.
2.5.18 The procedure for production, release and destruction of still images will be subject to
regular audit.
2.6 Guidelines
for
Appeals
The Appeal Form
2.6.1
The relevant appeal form, as produced and supplied by the Parking and Traffic Appeals
Service, must be enclosed with every Notice of Rejection of Representations issued by
an enforcing authority.
2.6.2
The official use box must be completed by an authorised official of the enforcing authority.
This must state the PCN number, the Vehicle Registration Number, the name of the
keeper to whom the Notice of Rejection was sent and the date the Notice of Rejection
was sent. This information must be completed for an appeal to be registered and enables
the appeal service to check that the right person is lodging an appeal and that it has been
submitted in time.
2.6.3
Evidence should be submitted to PATAS at least seven days before the hearing date and
must also be sent to the appellant.
2.6.4
The following items will be required as mandatory evidence by the Traffic Adjudicators:
a) Authorised Officer Witness Statement – a declaration that at the time the
contravention was observed, the monitoring and recording equipment used was of a
9
type approved by the Secretary of State and was in full working order. Examples of
Authorised Officer Witness Statements that should be used for parking
contraventions and bus lane contraventions are included in Appendices 5 and 6
respectively. The Authorised Officer Statement also includes details of the evidence
that is being produced (e.g. stills from video recording) and confirmation that these
were produced in accordance with the Code of Practice. In order for the Authorised
Officer to sign the declaration reference should be made to the Control Room Log
Sheet to determine the status of the equipment at the time at which the
contravention was witnessed. An example of a Control Room Log Sheet is included
in Appendix 2.
b)
Copy of the Penalty Charge Notice
c)
A case summary - This should include the relevant part of the regulation allegedly
contravened and deal with any exemption claimed by the appellant.
d)
Copy of the Enforcement Notice (where applicable)
e)
Copies of any representations made and all correspondence
f)
Copy of the Notice of Rejection
g)
Colour Images of the Contravention – the images must show the context of the
contravention and the identification of the target vehicle. All pictures must display
the location, date and time of the contravention. The Adjudicators do not expect
footage except in particular cases where there is a strong conflict of evidence. If the
Council produces video evidence to the Adjudicators, they must also supply the
appellant with a copy. The footage for the Adjudicators must be of a type approved
by PATAS however the footage for the appellant must be in a format agreed with
the appellant. Even if the appellant has already viewed the Council’s recorded
evidence of the contravention, the Adjudicator would expect to see images in
evidence. A copy of the images would therefore have to be served on the appellant.
A digital photograph would be acceptable, providing that the accompanying
statement explains that it is a digital photograph, taken by an approved device, a
true copy, not enhanced etc.
h) Certificate of Service – the evidence submitted to the Adjudicator must be
accompanied by a certificate confirming that the appellant has been sent copies of
the evidence submitted to the Adjudicator not less than 7 days before the hearing.
This requirement is in line with Article 6 of the Human Rights Act 1998. The
evidence copied to the appellant must be in the same format as that submitted to
the Adjudicator.
2.6.5
The list above is not exhaustive. As with any case, the Adjudicator may ask for other
forms of evidence not mentioned above. The Councils will be given at least 21 days
notice to submit evidence for Appeals.
Witness Attendance at an Appeal Hearing (Bus Lane Appeals)
2.6.6
Paragraph 7 (6) of Schedule 1 of the London Local Authorities Act 1996 relating to bus
lane contraventions, states that documentary evidence as described above will not be
admissible if the appellant, not less than 3 days before the hearing (or such other time
specified by the Adjudicator) serves a notice on the Council requiring attendance at the
hearing of the person who signed the document. The Adjudicators have taken this to
mean that if the appellant does not accept such evidence as provided in written or
photographic format by the Council, and if the Council wishes to proceed with the appeal,
the person who provided the evidence may have to attend the hearing. The Council must
inform the appellant that he/she can require the attendance at the hearing of the person
10
who signed the Authorised Officer Witness Statement. The Adjudicator may also direct
the attendance of a witness at a hearing if he considers it necessary. A copy of the
suggested wording, which should be used to inform the appellant that they have the
opportunity to request the attendance of the person signing the Authorised Officer
Witness Statement, is included in Appendix 6. This paragraph should be included in the
Notice of Rejection sent to the Appellant. This requirement only applies to bus lane
appeals and does not apply to appeals for parking or moving traffic contraventions.
2.7 Security
of
Operations
2.7.1
The CCTV traffic monitoring, recording and storage operations will be carried out in a
secure environment.
2.7.2
Visitors may only access the Control Room when authorised by the Senior Officer
indicated in Appendix 1 paragraph 6.
2.7.3
A log detailing all events and visits should be maintained in the Control Room.
2.7.4
If the Control Room is left unattended for any amount of time, no matter how short, the
monitoring, storage and control room equipment must be securely locked and
inaccessible to any unauthorised person. Any alternative secure storage room must be
subject to the same conditions of attendance.
2.7.5
Technical, maintenance and repair work will only be carried out with the authorisation of a
responsible officer or agent of the authority.
2.8 Procedures
Manual
2.8.1
A Control Room Procedures Manual listing duties, responsibilities and procedures to be
followed will be available in the Control Room at all times. Access to that manual shall be
restricted to officers who have responsibility for operating the system. The manual will be
regularly updated to reflect current agreed practice.
2.9 Operating
Personnel
Responsibilities
2.9.1
Management responsibility for the operation of the system and observance of this Code of
Practice and Control Room Procedures Manual resides with the Officers listed in
Appendix 1 Paragraph 7.
2.9.2
All staff operating the system will be responsible for working in full accord with this Code
of Practice and the Control Room Procedures Manual. They will be subject to their
employer’s normal disciplinary procedures and will sign an acknowledgement that they
have been trained in and understand the Code of Practice and the Procedures Manual.
Breaches of this Code of Practice or of the Procedures will result in disciplinary action.
Selection and Training
2.9.3
All personnel permitted to operate the System will be selected in accordance with the
Employer’s Standard Recruitment Procedures for personnel who are obliged to work to
rules of confidentiality.
11
2.9.4
They will be fully instructed in their responsibilities and role in operating CCTV.
2.9.5
All staff undertaking enforcement of parking and traffic regulations using CCTV cameras
must have successfully completed an approved training course. A list of the courses that
have been approved for this purpose is contained in Appendix 9.
2.9.6
Training will include: -
•
all aspects of this Code of Practice
•
all aspects of Control Room Procedures
•
all aspects of equipment operation
•
system audit procedures
•
issue of PCNs
•
knowledge of the areas of application in the Borough
•
the necessary underpinning knowledge of Traffic Law
•
Health & Safety
2.9.7
Full records of training and of assessments of competence will be kept according to the
Employer’s Standard procedures.
2.9.8
Operators will only be permitted to operate the system unsupervised when they have
proved their competence according to the Employer’s Standard Procedures.
12
Appendix 1
Particulars of Operating Authority
1
Authorities responsible for the Scheme in the London Borough of (Borough Name)
London Borough A, Metropolitan Police, Other
2 Local Addresses at which the Code of Practice can be inspected
Town Hall, Library, Police Station
3 Addresses at which Annual Reports may be inspected
Town Hall, Library
4 Address to which queries and complaints about the scheme should be sent
Town Hall
5 Officers who can authorise copying and release of tapes
Name or post
6 Officers who can authorise access to Control Room
Name or post
7 Officers responsible for operation of the system and observance of the Code of Practice:
Overall responsibility: (Name or post)
Responsibility for day-to-day operations: (Name or post)
Responsibility for Training: (Name or post)
13
Appendix 2
Example CCTV Control Room Log Sheet
Date :_____________________
Name of Camera Operator
Camera
Camera Location
Start
Finish
Comments / Equipment Faults
Number
Time
Time
Name of Control Room Supervisor………………………………………..
Signature……………………………………………………………………
14
Appendix 3
Example CCTV Enforcement Log
Date……………………….. Camera Operator………………………………….
Sheet No……..
Time Location
Camera
V.R.M. Make Colour
Input
D
Check
16.18 R
807 H568
GRQ
Ford White
16.23 R
807 D456
PRT
Toyota Red
16.23 R
849 F398
DVW
BMW White
16.24 R
849 K533
RPY
Nissan Blue
16.25 B
127 H567
HRT
VW
Green
15
Appendix 4
Authorised Officer Witness Statement (Parking Contraventions)
[Appellant] v [Council]
PATAS Case No:
PCN No:
I, [Name] am an authorised officer of [X] Council.
This statement is true to the best of my knowledge and belief. I make it knowing that, if it is
tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything that I know to
be false or do not believe to be true.
I produce in evidence in the above case [details of evidence being produced e.g. stills from media].
I certify that these were produced [describe circumstances in which they were produced: e.g. stills
from a media recording] made by a CCTV camera located at [location] on [date].
I further certify:
1. that this/these was/were produced in accordance with the Code of Practice for the
Operation of CCTV Enforcement Cameras;
2. that the monitoring and recording equipment used at the location and time specified is an
approved device under Article 2 of the Civil Enforcement of Parking Contraventions
(Approved Devices) (England) Order 2007.
3. that, to the best of my knowledge and belief, all conditions subject to which approval was
given were satisfied.
[Describe what the evidence shows]
Signed………………………………...
Name………………………………….
Position………………………………………….
16
Appendix 5
Authorised Officer Witness Statement (Bus Lane Contraventions)
[Appellant] v [Council]
PATAS Case No:
PCN No:
I, [Name] am an authorised officer of [X] Council.
This statement is true to the best of my knowledge and belief. I make it knowing that, if it is
tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything that I know to
be false or do not believe to be true.
I produce in evidence in the above case [details of evidence being produced e.g. stills from media].
I certify that these were produced [describe circumstances in which they were produced: e.g. stills
from a media recording made by a CCTV camera located at [location] on [date].]
I further certify:
1. that this/these was/were produced in accordance with the Code of Practice for the
Operation of CCTV Enforcement Cameras;
2. that the monitoring and recording equipment used at the location and time specified is a
prescribed device under Section 20(9) of the Road Traffic Offenders Act 1988 (as
amended);
3. that, to the best of my knowledge and belief, all conditions subject to which approval was
given were satisfied.
[Describe what the evidence shows]
Signed………………………………..
Name…………………………………. Position………………………………………….
17
Appendix 6
Authorised Officer Witness Statement (Moving Traffic Contraventions)
[Appellant] v [Council]
PATAS Case No:
PCN No:
I,[Name], am an authorised officer of [X] Council.
This statement is true to the best of my knowledge and belief. I make it knowing
that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully
stated anything that I know to be false or do not believe to be true.
I produce in evidence in the above case [details of evidence being produced e.g. stills
from recorded media]. I certify that these were produced [describe circumstances which
they were produced: e.g. stills from a media recording made by CCTV camera located at
[location] on [date].
I further certify:
-
that this / these was / were produced in accordance with the Code of Practice for the
Operation of CCTV Enforcement Cameras;
-
that, to the best of my knowledge and belief, all conditions subject to which approval
was given were satisfied.
[Describe what the evidence shows]
Signed………………………………...
Name…………………………………. Position………………………………………….
18
Appendix 7
Right to Request the Attendance at Appeal of the Person Signing the
Authorised Officer Witness Statement
The following is a suggested wording for inclusion with Bus Lane appeals.
“If you appeal, we will send you a copy of all our evidence as soon as possible. We
must provide you with a copy of any video, photograph or digital image that we want
the Traffic Adjudicator to consider, at least seven days before the scheduled date of
the hearing. We must also send you a certificate as to the circumstances in which the
video etc was produced and another that the device used to produce it was approved
by the Secretary of State. These certificates will normally be fairly standard. However if
you serve a notice on us, not less than three days before the hearing date, we cannot
rely on such evidence without the person(s) who signed them attending. The three-day
limit may be varied by the Traffic Adjudicator in special circumstances.”
Please note that this notification is only required for bus lane appeals and is not required for
appeals for parking or moving traffic contraventions.
19
Appendix 8
Glossary of Terms
The Code of Practice refers to the following terms:
Agency
An Agency is an organisation responsible for implementing, operating
and maintaining a CCTV scheme and or CCTV system. Each Agency
can be responsible for one or more CCTV schemes and one or more
CCTV systems. Agencies may enter into partnership to implement a
CCTV scheme and or CCTV system. Agencies, whether acting alone
or in partnership, are responsible for ensuring that all operators of
their CCTV schemes and CCTV systems comply with the relevant
legislation.
Approved Device
A CCTV system approved by the DfT under the Traffic Management
Act 2004 for use in the enforcement of parking contraventions.
Bus lane contravention
Contravention of a traffic order pertaining to a bus lane in London
enforceable under the London Local Authorities Act 1996.
CCTV scheme
The method, policy and operations under which an agency runs a
CCTV system.
CCTV system
The physical infrastructure that is used to implement a CCTV scheme.
One CCTV system can be used by more than one CCTV scheme.
Contravention
A breach of the legislation under which the CCTV scheme is in place
to enforce.
Data Controller
A Person who (either alone or jointly or in common with other
persons) determines the purposes for which and the manner in which
any personal data are, or are to be, processed. The CCTV schemes
covered by this Code of Practice may have single, joint or in common
Data Controllers depending on the agreement each agency has and
the use of the images involved. For the purposes of this Code of
Practice, the Data Controller is defined as the Agency who is actually
using the images at any given time to gather or record data which in
turn will actually be deemed to be Personal Data. The Data Controller
may differ from the CCTV Scheme Operator. At any given time there
may be none or several Data Controllers.
Data Processor
Used in relation to Personal Data and means any person (other than
the employee of the Data Controller) who processes the data on
behalf of the Data Controller.
DfT Department
for
Transport
DVLA
Driver and Vehicle Licensing Agency
Footage
Data represented in a moving visual form that may constitute
Personal Data.
Image
Data represented in a still visual form that may constitute Personal
Data.
Moving traffic contravention Contravention of a traffic order or non-compliance with a sign
enforceable under the London Local Authorities and Transport for
London Act 2003.
20
NIP
see Notice of Intended Prosecution
Notice of Intended
A notice served by the police on a person in respect to an offence. In
Prosecution
this Code of Practice, this relates solely to NIPs served under section
54(2) or (4) of the Road Traffic Offenders Act 1988 in respect of a bus
lane offence.
Operator
A person who gathers images for the purpose of their contractual
employment. Each operator is responsible for complying with the Data
Protection Act (1998). An operator may work with more than one
CCTV Camera Scheme.
Parking and Traffic Appeals
The independent tribunal in London for adjudicating parking, bus lane
Service
and moving traffic contraventions.
Parking contravention
Contravention of a traffic order or other relevant London legislation
enforceable under the Traffic Management Act 2004.
PATAS
Parking and Traffic Appeals Service
PCN
Penalty Charge Notice
Penalty Charge Notice
A notice served under appropriate legislation alleging a contravention.
Personal Data
Data which relates to a living individual who can be identified:
(a)
from those data, or
(b) from those data and other information which is in the
possession of, or likely to come into the possession of, the Data
Controller,
and includes any expression of opinion about the individual and
indication of the intentions of the Data Controller or any other person
in respect of the individual.
Prescribed Device
A CCTV system, or part of a CCTV system, prescribed by the relevant
government body for a specific use. In terms of this Code of Practice,
this relates solely to bus lane enforcement under the London Local
Authorities Act 1996.
Registered Keeper
The person registered with the DVLA as being the keeper of the
vehicle.
Searching / Hunting
The process of using a CCTV Camera without due cause. The CCTV
User may be either looking for something to view or capturing a CCTV
Image for personal use. CCTV Camera Users must not use CCTV
Cameras for the purpose of Searching / Hunting.
21
Appendix 9
London Councils TEC Approved Training Courses for CCTV Operators
Course title
Training providers
Date of Approval
BTEC Level 2 Intermediate Award
London Borough of Croydon(*),
December 2003
in CCTV Camera Enforcement
London Borough of Camden
CCTV Traffic Enforcement BTEC
TAVCOM August
2004
Unit (Anyone taking this training
course will have to have already
successfully completed TAVCOM's
CRO1 and CRO2 modules which
provide them with control room
operators training.)
VINCI Park CCTV Enforcement
VINCI Park
January 2006
Training Programme
NCP Services CCTV Traffic
NCP Services
September 2008
Enforcement Course
(*) The London Borough of Croydon no longer runs this course but officers with the qualification are still
approved for the purposes of CCTV enforcement.
22
Document Outline
