TfL unlawfully used CCTV to enforce red routes

09/08/2023
Dominic Browne

Transport for London (TfL) unlawfully used CCTV for the enforcement of the restricted parking on its red routes, a tribunal has found.

In the test case, the London Tribunal panel ruled that TfL was guilty of 'a procedural impropriety' and had issued the penalty charge notices (PCNs) unlawfully.

While the tribunal cannot set a legal precedent as adjudicators are not bound by each other's decisions, the panel said it was 'conscious' of the judgement having a 'potentially wide-reaching effect', as other adjudicators may take previous decisions into consideration.

This means the ruling on eight red route fine appeals could have major implications for TfL, which issues about 435,000 PCNs in total every year.

It could also have implications for the general use of CCTV enforcement - although the judgement does specifically refer to TfL's red routes. In 2015, the government introduced laws limiting the use of CCTV to issue fines.

The tribunal said: 'No-one suggests that contraventions of red route parking bays marked with the ‘item 6 bay marking’ are not enforceable at all. They are enforceable but, the panel finds, the meaning of the [Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations] 2022 Regulations is that they are not enforceable on the basis of a record produced by an approved device [CCTV].

'They are enforceable by CEO’s [civil enforcement officer] and, in the event the CEO is unable to effect service of the PCN in the circumstances described in Regulation 9(4) to (6), by post.

The tribunal concluded that 'parking contraventions on a red route enforceable on the basis of a record produce[d] by an approved device are confined, in the context of Regulation 11(2) to those where the vehicle is stationary on a length of road marked with double or single red line markings'.

TfL's counsel argued that the definition of ‘red route’ for the purposes of Regulations 9 to 11 of the 2022 Regulations was 'materially the same as that in the TMO [ traffic management order] and the TSRGD 2016 [Traffic Signs Regulations and General Directions]'.

However, the panel found: 'There is a material distinction between the definition of a red route for the purposes of the TSRGD 2016 and the definition in Regulation 11(2) governing the circumstances in which camera enforcement of parking contraventions is permissible. That is to say, the contexts are different.'

The panel concluded that the PCNs on appeal 'did not comply with Regulation 11(2) as we construe it, we find there was a procedural impropriety and we direct those PCNs to be cancelled'.

Latest Issue

latest magazine issue

 

ALSO INSIDE:

  • Exclusive: Smart Motorways
  • Are you AI protected?
  • Traffex Parkex Evex Cold Comfort
View the latest issue


Highways jobs

Highway Inspector Manager

£42,403 - £46,464
You will be working closely with the Highway Inspections Operations Manager Sheffield, South Yorkshire
Recruiter: Staffordshire County Council

DSO Compliance Officer (Health and Safety)

Salary From £41,043

Recruiter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Highway Inspector

£31,364 - £35,745
Our Highway Inspection team ensures that we comply with our duty to maintain the highway Staffordshire
Recruiter: Staffordshire County Council

Highway Network Officer WMF1060e

£35,745 - £36,648
Westmorland and Furness Council, Highways and Transport service is looking for an experienced, motivated, and friendly individual. Cumbria
Recruiter: Westmorland and Furness Council

Head of Commissioning Management

Grade 15 £59,559 - £65,327
At Derbyshire, we have been on a journey to transform the way we deliver highway services Derbyshire
Recruiter: Derbyshire County Council

Head of Highway Operations

Grade 15 £59,559 - £65,327
At Derbyshire, we have been on a journey to transform the way we deliver highway services Derbyshire
Recruiter: Derbyshire County Council

Light Vehicle Mechanic

Grade 8 £27,507 - £29,418 per annum
We are looking for a highly motivated Light Vehicle Mechanic to join our County Transport team Derbyshire
Recruiter: Derbyshire County Council

Traffic Management Officer - WMF1092e

£35,745 - £36,648
This is a role for Traffic Management Officer to be based in the Eden area. Penrith, Cumbria
Recruiter: Westmorland and Furness Council

Traffic Management Technician - WMF1090e

£26,421 - £27,334
This is a role for Traffic Management Technician to be based in the Eden area. Penrith, Cumbria
Recruiter: Westmorland and Furness Council

Multi Skilled Operatrive x4

£22,737.00 - £29,269.00, Career grade 3-6, 37 hours, Permanent
We are seeking enthusiastic and capable colleagues to join our Highway Operations team that forms part of the Highway Network Management. Wakefield, West Yorkshire
Recruiter: Wakefield Council

Supervising Technician

£33,024.00 - £35,745.00, Grade 8, 37 hours, Permanent
The purpose of this role is to support the Workshop Manager you will be required to work closely with other Supervising Technicians. Newton Bar Depot, Central Vehicle Workshops, Newton Bar, Wakefield WF1 2TU
Recruiter: Wakefield Council

Heavy Vehicle/Plant Apprenticeship

Age dependent (Under 18 yrs - £12,347, 18-20 yrs - £16,591, 21+yrs - £22,071)
The programme can start to build your career, or help you to re-train, becoming a valued, recognised and rewarded team member. Wakefield, West Yorkshire
Recruiter: Wakefield Council

Senior Engineer - Highways and Drainage

£40,221 - £44,428 + 12% Attraction + Retention Payment equating to actual pay £45,047 - 49,759
This is an exciting opportunity to join us as a Senior Engineer. Lincolnshire
Recruiter: Lincolnshire County Council

Service Manager - Highways (Asset and Traffic)

£48,474 to £51,515
A vacancy has become available for a Service Manager to join and manage our successful Highways Assets and Traffic team. Torbay, Devon
Recruiter: SWISCo

Traffic Management Technician - WMF1090e

Salary £26,421 - £27.334
This is a role for Traffic Management Technician to be based in the Eden area. Penrith, Cumbria
Recruiter: Westmorland and Furness Council

Assistant Arboricultural Consultant

£26100 - £30706 per annum + + 26 Days Leave & Defined Benefit Pension
Assistant Arboricultural ConsultantPermanent, Full TimeUp to £30,706 per annumLocation
Recruiter: Essex County Council

Heavy Goods Vehicle Mechanic

£27,507 - £29,418
You will need to be suitably experienced, hold a minimum of an NVQ Level 2 (or equivalent). Derby
Recruiter: Derbyshire County Council

Principal Engineer - Highways Development Management

£48,378 - £51,571
You will play a lead role on all major highway development proposals across West Northampton. One Angel Square, Northampton
Recruiter: West Northamptonshire Council

Transport Planning & Data Manager - CMB1061e

£62,273 - £65,017
Cumberland Council is a dynamic and forward-thinking authority dedicated to enhancing public services Cumbria
Recruiter: Cumberland Council

Transport Planner (Area Travel Plans) OCC616326

£39,186 - £42,403 per annum
It doesn’t matter where you’ve been, or where you’re going, it’s about the journey. Oxfordshire
Recruiter: Oxfordshire County Council

Highways Presents

 


Latest Video