Memorandum by the Freight Transport Association
(TLE 11)
TRAFFIC LAW AND ITS ENFORCEMENT
FREIGHT TRANSPORT
ASSOCIATION
The Freight Transport Association represents
the transport interests of over 11,000 British businesses. Its
members range from small and medium sized enterprises to multi-national
public companies who are involved with the movement of goods by
all modes of transport both within the UK and Internationally.
FTA members operate over half of Britain's heavy goods vehicles,
consign over 90% of freight moved by rail and 75% of freight shipped
overseas by sea and air. This unique multi-modal mandate enables
FTA to speak authoritatively on all aspects of freight and represent
the freight interests of all industry sectors.
INTRODUCTION
FTA welcomes the Committee's inquiry into traffic
law and its enforcement. FTA supports the Secretary of State for
Transport's decision to transfer various tasks associated with
management of the strategic road transport network from the police
to the Highways Agency. In light of recognition that the broader
improvements envisaged in congestion reduction, resulting from
implementation of the Government's 10-Year Transport Plan, are
unlikely to be met by 2010[1],
FTA believes that more effective management of the existing strategic
road network is crucial to securing enhanced performance and higher
safety standards.
Police resources for day-to-day management of
the strategic road network have become increasingly stretched
as police priorities have switched to crime prevention and other
core police activities. This has resulted in a diminution in the
quality of service provided by the police and other agencies in
the management of the strategic road network. This in turn has
led to an increase in road traffic congestion on the strategic
road network as the time taken to clear up major incidents on
the road network has lengthened. FTA therefore believes that one
single agency or authority, with dedicated resources to manage
the road network, should undertake the management of the strategic
road network. FTA therefore supports the decision by the Secretary
of State to give the Highways Agency the responsibility for managing
the strategic road network, subject to the police retaining authority
to investigate accidents, particularly in cases or loss of life
or serious injury. In such circumstances FTA believes in is entirely
appropriate for the police to retain their full responsibility
for traffic law enforcement.
RESPONSIBILITY FOR
MANAGEMENT OF
THE STRATEGIC
ROAD NETWORK
Key Priorities: Incident Management
Effective and efficient incident management
is considered a key priority by industry in improving the performance
of the strategic road network. Prior to the Secretary of State's
decision to replace the police with uniformed Highways Agency
traffic officers and Incident Control Units, 42 individual police
forces were responsible for traffic management. While the police
retained overall control and responsibility for incidents, the
multiplicity of agencies involved (fire and ambulance and vehicle
recovery services and Highways Agency etc) frequently resulted
in a lack of coordination between the various agencies resulting
in long delays and clear up rates for incidents. Moreover, this
resulted in inconsistent traffic management standards and clear
up rates across the whole strategic road network.
FTA research shows that it currently takes on
average 2.5 hours to clear major incidents on the core strategic
road network. The effects of such severe disruptions reach far
beyond the vehicles caught in the hold-ups. They have serious
implications for industry's supply chains and require large-scale
changes to delivery schedules. The strategic road network carries
two thirds of all freight traffic. The freight industry is, therefore,
particularly vulnerable to disruption caused by major incidents
and, as a result, is severely penalised through loss of efficiency,
productivity and increased costs. While 2.5 hours delay is the
average clear up rate for major incidents, more catastrophic disruptions,
such as the M11 incident which resulted in gridlock for 10 hours
earlier this year and the recent closures of the M1, are frequent
occurrences.
The need for a "joined up" incident
management approach to reduce congestion and to improve the performance
of the network is now more fully recognised by the Highways Agency
and Association of Chief Police Officers (ACPO). In their recent
joint report on incident management they acknowledged that limited
resources were spent on operation of the network and that this
had "contributed to an increase in clear-up times and consequent
congestion". The report concluded, "incidents, a significant
cause of congestion, are generally managed and solved by police.
However, whilst both traffic volumes and incidents have increased
steadily in the past four years, the number of police officers
assigned to road duties has fallen by 12%. This is believed to
have contributed to an increase in clear- up times and consequent
congestion"[2].
See also attached at Annex 1 FTA's detailed
comments to Government on managing the strategic road network.[3]
The Transport Select Committee should seek clarification
from the Secretary of State for Transport and the Highways Agency
on how the newly proposed "Traffic Officers" will operate?
And how the Highways Agency will manage their relationship with
the police, and who will ultimately take charge and full responsibility
for management of incidents?
ROAD FREIGHT
INDUSTRYLAW
AND ENFORCEMENT
The transfer of responsibility and management
of the strategic road network from the police to the Highways
Agency will not alter the law relating to existing traffic offences
or enforcement with regard to the road freight industry. The Secretary
of State has confirmed that the police will continue to investigate
accidents and will retain responsibility for law enforcement.
FTA supports the retention of these powers for the police, especially
with regard to incidents involving serious injury, loss of life
or unlawful actions.
The UK road freight industry is one of the most
heavily regulated commercial road freight sectors in Europe. The
industry is regulated by an Operator Licensing system dating back
to 1933, and domestic and EU drivers' hours rules. Commercial
goods vehicles in excess of 3.5 tonnes are subject to the "O"-licensing
system. The "O"-licensing system is underpinned by an
enforcement regime administered by the Vehicle Operator Services
Agency (VOSAformerly the Vehicle Inspectorate). VOSA now
combines responsibility for Traffic Area Offices, responsible
for administration of the Operator Licensing system and enforcement
formally conducted by the Vehicle Inspectorate.
A company or individual applying for an "O"-Licence
must be of good repute. Similar considerations apply to the nominated
transport manager of the company applying for an "O"
Licence. In considering an application for an "O" licence
the Traffic Commissioner must pay particular regard to relevant
convictions of individuals and the company. The definition of
relevant convictions is wide ranging, including vehicle roadworthiness,
compliance with drivers' hours rules, overloading, speed limits,
road safety laws and legislation relating to protection of the
environment. Similarly, serious infringements by existing "O"
Licence holders in relation to the "O" Licence requirements
and traffic laws can result in the Traffic Commissioner revoking
an Operator's Licence.
The transfer of responsibility for the tasks
associated with the management of the strategic road network from
the police to the Highways Agency will not, in FTA's view, result
in any significant changes to the existing powers of the police
or to the effective enforcement of road safety and road transport
law.
CONCLUSION
FTA welcomes the Secretary of State's decision
to give a more active role for the Highways Agency in managing
the strategic road transport network. Both the police and the
Highways Agency acknowledge that existing arrangements have led
to fewer police resources being deployed to tackle traffic management
issues. This has consequently led to longer incident clear up
rates and increased traffic congestion on the strategic road network.
FTA therefore believes that giving the Highways Agency authority
to manage incidents and responsibility for dealing with the consequences
of incidents, such as traffic diversions, adapting speed limits
and dealing with abandoned and broken down vehicles, should result
in more efficient incident clear up rates and reduced road traffic
congestion. The proposed changes will allow the Highways Agency
to devote greater resources to the management of the strategic
road network, including incident management, while allowing the
police to concentrate on their core crime prevention activities.
The transfer of responsibilities will make no material changes
to the existing enforcement regime for the road freight industry
and the police will continue to retain powers for investigating
traffic accidents and carrying out law enforcement.
October 2003
1 5% reduction in inter-urban congestion compared
to 2000 levels by 2010-the target [since abandoned] set by the
Government in the 10-Year Transport Plan. Back
2
Highways Agency/Association of Chief Police Officers-Roles and
responsibilities report 20 June 2003-FTA emphasis added. Back
3
Transport Solutions, page 4-Take control of road delivery and
highway performance. Back
|