Select Committee on Transport Written Evidence


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 INDUSTRY—LAW 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 (VOSA—formerly 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


 
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