News

Hauliers now have a strong defence against penalty charge notices (PCNs), as the Department for Transport (DfT) has adopted protocols drawn up by the FTA. Civil enforcement officers (CEOs - formerly known as parking attendants) should follow the protocols for observation periods and loading and unloading set out in the Traffic Management Act 2004 Operational Guidance to Local Authorities. In brief, these are:

• For continuous observation, they must keep the vehicle in sight for at  least five minutes.
• The fact that no loading or unloading can be observed within five minutes is not conclusive proof that there is a parking contravention "as there are circumstances that could prevent the CEO from seeing the loading or unloading".
• Delivery drivers may be expected to secure their vehicle while making a delivery.

The guidance also tells local authorities that they should consult with local businesses and their transport suppliers that might be affected by parking and loading restrictions, and that they should ask developers to provide adequate loading and unloading facilities when submitting planning applications. Gordon Telling, the FTA's head of policy for London, South East and East of England, says: "The previous observation guidance was woeful. While this guidance is non-statutory, it's similar to the Parking and Traffic Appeals Service guidance, so there's no point local authorities ignoring it."

The adoption of these protocols  follows a letter sent four weeks ago to the minister of state for transport Rosie Winterton in which FTA managing director - policy & communications James Hookham pointed out that the DfT had failed to issue any such guidance when the introduction of the new parking rules was just three weeks away. This is the first stage in what is expected to be a multi-faceted FTA campaign against PCNs.

PCNs are effectively yet another tax on the industry. In fact, MT was present at a recent meeting where one major industry player described PCNs as the single biggest issue facing the industry after the cost of fuel. The fact that there's now a millionaires' club for transport businesses paying £1m or more a year on mostly unwarranted PCNssimply highlights how ridiculous the situation has become. While this guidance will not prevent bloody-minded CEOs blithely issuing tickets (having ignored the guidance), it will mean your defence will be stronger when you appeal the PCN. We suggest you go here and print off the key guidance clauses 8.48 to 8.56 and read them closely. You might even want to issue a copy of the guidance to your drivers so they can politely question the CEO as he/she pointlessly issues a ticket.