Grant of civil enforcement powers to Devon County Council

Duncan McKenzie made this Freedom of Information request to Department for Transport

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Duncan McKenzie

Dear Department for Transport,

For the purpose of obtaining a Designation Order to empower Devon County Council to conduct civil parking and traffic enforcement under The Traffic Management Act , your Traffic Management Division received from Devon County Council on 28 March 2008, under cover of an email from their Gary Powell, a necessary declaration by their Deputy Chief Executive Edward Chorlton which assured that, with no exceptions whatsoever, every TRO, traffic sign and road marking throughout Devon at that date was in strict compliance with all relevant legislation.

Please provide the following information:
1. A copy of this email and its attached unequivocal assurance of Mr Chorlton.

2. All correspondence between Devon County Council and the DfT prior to that assurance of 28 March 2008 in the matter of Devon County Council’s prospective commencement of civil enforcement.

3. All correspondence up to the end of 2008 between Devon County Council and the DfT which, subsequent to that assurance of 28 March 2008, related to their commencement of civil enforcement, including a copy of the eventual Designation Order.

4. A copy of all DfT internal correspondence prior to the end of May 2008, including minutes of any meetings, which concerned or included any matters relating to Devon County Council’s acquisition of civil enforcement powers.

5. A copy of all post-March 2008 internal communications, including minutes of any meetings, and all external communications with the Devon and Cornwall Police which related to or was consequent on the post March 2008 visit of their officers to the DfT in connection with the grant to Devon County Council of civil enforcement powers.

Yours faithfully,

Duncan McKenzie

Martin H Dix left an annotation ()

Just one of many.

In a message dated 15/12/2011 09:03:41 GMT Standard Time, gary.powell@devon.gov.uk writes:
Dear Mr Dix,

From the correspondence you have supplied from DfT, it is clear that they have confirmed that there is no authorisation for the Strand in Dawlish. I do not know what question you asked them or what information you supplied. They did not comment on the design of the sign that is in place.

I know that there is no authorisation for that sign because when it was designed, I assume that, officers did not believe it required any authorisation and is permissible. The sign in question combines three different restrictions, "no waiting at any time" for a short distance directly in front of the sign, "disabled parking" to the right of the sign with an arrow to indicate this and "pay and display" to the left, also with an arrow to indicate this. I believe that the sign was designed in this way to reduce the amount of signing and poles required, in an attempt to keep the environmental impact to a minimum. However, I was not involved in this design, therefore this is only an assumption.

Having reviewed the sign and regulations, combining the disabled parking with a pay and display sign is permissible. The no waiting sign should not be combined with the other two signs.
"No waiting at any time" signs are no longer required in regulation, therefore this part of the sign is in fact redundant. The sign clearly indicates the restrictions in place and we have not received complaints or appeals that it is confusing. Both the "pay and display" and "disabled parking" bays have further signs at the opposite end to the bays to indicate the restriction.

Despite all of the above, I have arranged for the sign to be replaced and the no waiting part to be removed.

Thank you for bringing this matter to my attention.

Gary Powell

Department for Transport

Dear Duncan McKenzie,

I am writing to acknowledge receipt of your request for information which
has been allocated reference number P0012497.

A response will be issued to you in due course.

Regards,

Department for Transport
FOI Advice Team
Information & Security Division
Zone D/04
Ashdown House
Sedlescombe Road North
St Leonards on Sea
East Sussex
TN37 7GA

show quoted sections

Martin H Dix left an annotation ()

Part 9. Legal Considerations
The operation of CPE will require all existing TRO's to be consolidated and any future Orders
to be incorporated into the consolidation on an annual basis. Prior to Daft processing our
application, a suitably qualified and senior officer of the County Council will have to confirm
that our TRO's and the signs and lines that signify them are in good order and consequently
enforceable. There will be a continuing requirement of The County Council to ensure a
reasonable level of confidence in TRO's so that the districts can carry out effective
enforcement.

From Devon County Council

We can confirm that the document completed by a "suitably qualified and senior officer of the County Council" mentioned in Paragraph 9 Legal Considerations is the Declaration signed by Edward Chorlton, Deputy Chief Executive of the Council, which we sent you on 21 January. There is no written report prior to this Declaration. All consultation and advice given to Mr Chorlton prior to the Declaration was made verbally.

TRAFFIC SIGNS, Department for Transport

1 Attachment

Dear Mr McKenzie

Please find attached a letter concerning your recent Freedom of Information request.

Kind regards

Judith Tracey
Traffic Signs Mailbox

show quoted sections

Duncan McKenzie

Dear TRAFFIC SIGNS,

I note and understand your considerations of exemptions, and I am aware of the habit of usually withholding information at the slightest hint of privilege so as to bias a response in favour of non disclosure.

To avoid protraction of this request please note that
1. In respect of LPP this matter is now historical, stale, and seven years old.

2. Where LPP is engaged enough to withhold information it is only the actual advice/opinion text that is subject to non disclosure. Even that advice/opinion may not be withheld if the giver of that advice has agreed after being questioned that that advice or part of it need not be withheld. Therefore any document such as advice of a counsel may not be withheld, the actual advice content or parts of it that constitute professional opinion may be redacted but no more.

3. Where any privileged advice is given it will always be by a competent governmental legal adviser of seniority or some other professional whose senior status will not permit redaction of his/her identity.

4. Enquiries and questions concerning points of legality appearing in documents are not privileged to permit them being withheld or redacted as they are not opinion.

5. After any minimal redaction of genuinely privileged content documents themselves may not be withheld. There is no basis for emasculating any sequence of correspondence in responding to a request such as this

Yours sincerely,

Duncan McKenzie

TRAFFIC SIGNS, Department for Transport

Dear Mr McKenzie

Thank you for your email, your comments have been noted.

Kind regards

Judith Tracey
Traffic Signs Mailbox

show quoted sections

PARKING QUERIES, Department for Transport

4 Attachments

Dear Mr McKenzie

 

Please see the attached.

 

Thank you.

 

Mary Maxwell

      
 

 

show quoted sections