Agenda Item 11 - 03.12.24 - Appendix A - Scrutiny Inquiry Report - Road Safety
Agenda Item 11 - 03.12.24 - Appendix A - Scrutiny Inquiry Report - Road Safety
OFFICIAL
Contents
Chair’s Foreword 4
Summary of Recommendations 6
1 Introduction 13
1.1 Background 13
1.2 Outcomes 14
1.3 Why the Committee decided to look at Road Safety 14
1.4 Partnership Scrutiny 14
1.5 Evidence Gathering 15
1.6 Statutory and Legal Responsibilities 16
1.7 Strategic Framework – local and regional 16
2 Key Findings 18
2.1 Scale and Nature 18
2.2 Strategy & Policy 23
Road Harm Reduction Strategy 23
Road Safety Emergency 24
Community Role 25
2.3 Physical Infrastructure 28
Speed Limits 30
2.4 Parking 32
Legislation 33
Council’s Parking Service Review 35
Reporting illegal and antisocial parking 36
How are parking complaints responded to by the Council? 38
Enforcement 39
2.5 Other Enforcement Activity (by Council or West Midlands Police) 45
Speed Camera Enforcement 45
Street Racing 46
Moving Traffic Offences 47
Appendix A: Survey Results 50
Appendix B: Legislation 55
Appendix C: Inquiry Activities 58
Appendix D: Contributors 60
OFFICIAL
Further information regarding this report can be obtained from:
Lead Review Officer: Amelia Wiltshire
E-mail: [email protected]
Reports that have been submitted to Council can be downloaded from
www.birmingham.gov.uk/scrutiny
Road safety is an issue that unites communities across the city, in that every
corner of Birmingham faces fears of yet another incident. Many neighbourhoods
are haunted by incidents on our roads where lives were lost or changed. This
drives many councillors like me to run for elected office. It dominated my
election in 2022, and since then I can scarcely recall a week without one
incident or another appearing in the news or brought to my attention. What this
inquiry seeks to address is how the Council can do better to make our streets and roads safer.
This inquiry began in part to scrutinise the parking enforcement service run by the Council. While it
always included a broader look at what the Council does and can do better, a central issue reported
by councillors across the city is the lack of adequate parking enforcement in their wards. As shown
through evidence gathering, illegal or poor parking, particularly around schools, can have a severe
impact on road safety. We are enormously grateful to all the community groups and members who
gave up their time to give evidence to this inquiry, and who also continue to campaign extensively
across the city for safer streets.
Throughout the inquiry we have gathered a significant amount of evidence, much of which helps us
all to understand how individual aspects of prevention and enforcement delivered by the Council are
falling short and must be improved. This inquiry contains many findings and recommendations that
recognise how no one road safety measure can solve the problem in isolation of the others. The
Council too must deliver solutions with its partner organisations to achieve its goal of Vision Zero. I
am incredibly grateful for the time given by the West Midlands Combined Authority, West Midlands
Police, and Office of the Police and Crime Commissioner to share their views on how we can all do
better together.
This inquiry is all about finding solutions through collaboration. On that note, I would like to thank my
three colleagues, who worked hard on this inquiry and shaped its findings and recommendations:
Cllr Richard Parkin, who reminded us of the importance of individual responsibility on the road; Cllr
Izzy Knowles, who kept a focus on partnership working; and Cllr Waseem Zaffar, whose wealth of
experience as a former Cabinet Member ensured we never lost sight of Birmingham City Council’s
role.
Partner agencies and campaign groups praised the Council’s transport policy team for its ambition
and the quality of their work. Too often the Council looks outside of itself when searching for
improvements, but, as the findings and recommendations demonstrate, there is an enormous
amount of progress that can be made through bold, ambitious, and brave leadership within the
Council. Previous inquiries, such as the 2024 Active Travel Inquiry, have noted that the Council often
struggles to manage and deliver projects. In the summer of this year, the Executive declared a road
safety emergency. Now is the time to follow words with actions and demonstrate to the residents of
Birmingham how this Council will make changes to deliver safer streets and roads for all of us.
OFFICIAL
The role of scrutiny is to provide challenge, to criticise constructively, and reflect the insights and
concerns of the residents we serve. Birmingham City Council has been criticised for weak scrutiny
in a report by the Centre for Governance and Scrutiny. Road safety is a subject that has always
been important to the public but has grown even more so in recent years in this city. It merits the
strongest inquiry findings and recommendations possible. The whole inquiry group has worked hard
together to provide the most challenging recommendations we can. We have put these forward
because we believe the Council, its leadership, and Council staff can achieve all that we
recommend. The level of our challenge reflects the level of hope and belief we have in them.
We have been particularly fortunate to be supported throughout this inquiry by some incredibly
diligent and passionate Council officers, particularly Amelia Wiltshire and Baseema Begum. We
have also seen throughout this inquiry how many members of Council staff work tirelessly to make
Birmingham’s streets safer. We hope this inquiry provides practical steps to support their work
reducing road harm. We owe it to those we were elected to represent to deliver real change that
means an inquiry like this will never be needed again.
Councillor Lee Marsham, Chair of Sustainability and Transport Overview and Scrutiny
Committee
That is why the Sustainability and Transport Overview and Scrutiny Committee
set up this inquiry on road safety, which complements our previous Active Travel
Inquiry. This inquiry was agreed by Council in July 2024 and contained 13
realistic recommendations to speed up delivery of active travel schemes, which
in turn helps improve pedestrian and road safety and to encourage more walking and cycling.
I wish to praise all the members of the Task and Finish Group, led by the Committee’s Deputy
Chair, Councillor David Barker, alongside cross-party members Councillors Izzy Knowles, Richard
Parkin and Waseem Zaffar. As part of their work, we held two public sessions where the full
committee contributed to the evidence gathering. This has meant that all committee members
have played their part, including Councillors Raqeeb Aziz, Colin Green, Timothy Huxtable and
Lauren Rainbow. Combined, we have made well-meaning yet deliverable recommendations which
will help save lives and tackle the many issues highlighted from the evidence.
To everyone who has contributed to this inquiry, from outside bodies and other Councils,
community witnesses who provided written and/ or oral evidence, to all elected members for their
contributions, the hardworking Council officers and scrutiny team, thank you for your efforts.
Finally, thank you in advance for taking the time to read the report in full, which I believe can and
will make a difference if implemented
OFFICIAL
Ref Recommendations to Cabinet Responsibility Completion Date
Members
Strategy and Policy
R03 Recommendation: Leader of the Council/ March 2025
Council asks the Leader of the Council Cabinet Member for (3 months)
and Executive, to share the action plan Environment and
for the Road Safety Emergency with a Transport
report to Council. This action plan
should clearly set out how it commits
to deliver, including what will happen,
timescales and how any council
activity will be funded. It should also
be clear on how it will demonstrate
how it is making a difference.
R04 Recommendation: Leader of the Council/ June 2025
Council seeks assurances from the Cabinet Member for (6 months)
Leader that the current Cabinet the Environment and
Member portfolio arrangements enable Transport/ Cabinet
the Council to deliver on the Road Member for Social
Safety Emergency. Justice, Community
Safety and Equalities
R05 Recommendation: Deputy Leader December 2025
Council to ask the Deputy Leader to (12 months)
provide assurances that the Council's
adopted policies are sufficient to tackle
car dependency by supporting the
transformation of the city through
improving the quality and scale of
public transport and active travel
provision, whilst systemically reducing
road harm risk. This should also
consider the level of population density
needed to sustain integrated public
transport and active travel networks.
OFFICIAL
provided through third party
evidence)
• Contract tender developed
• Agrees to publish information to
the public on a quarterly basis
to understand what activity is
taking place and whether it is
making a difference.
• Is satisfied that the current
maximum parking charges
cover the costs of running the
service and considers
appropriate next steps if this is
not the case.
• Reintroduces the Annual
Parking report.
R09 Recommendation: Cabinet Member for June 2025
Council requests the Cabinet Member Environment and (6 months)
for Environment and Transport to Transport
outline the approach to the
Sustainability and Transport Overview
and Scrutiny Committee to tackle
pavement parking across the city and
the plan to achieve this. This should
cover but not exclusively:
and;
OFFICIAL
Ref Recommendations to Cabinet Responsibility Completion Date
Members
Other Enforcement Activity (Council and West Midlands Police)
R12 Recommendation: Cabinet Member for March 2025
Council requests that an Environment and (3 months)
implementation plan setting out how it Transport
intends to reduce speed limits across
the city is provided to the Sustainability
and Transport Overview and Scrutiny
Committee. This plan should include
how it will engage and inform ward
members.
R13 Recommendation: Cabinet Member for January 2025
Council requests the Cabinet Member Environment and (1 month)
for Environment and Transport with the Transport
Leader of the Council, Deputy Leader,
Mayor for West Midlands, West
Midlands Police and Crime
Commissioner and all Birmingham
MPs to urgently write a letter to the
Department for Transport asking that
they introduce legislation for the police
and councils to retain funds received
from speeding fines in the region.
R14 Recommendation: Cabinet Member for January 2025
Council requests the Cabinet Member Environment and (1 month)
for Environment and Transport to Transport
urgently write a cross-party letter to the
Department for Transport to request an
increase in the maximum charges for
Moving Traffic contraventions. This
letter should be cosigned by all
Birmingham MPs, the Police and
Crime Commissioner and the Mayor
for the West Midlands.
R15 Recommendation: Cabinet Member for January 2025
Council requests the Cabinet Environment and (1 month)
Member for Environment and Transport
Transport to urgently write a letter to
the Police and Crime Commissioner
and Chief Constable asking them to
expand the remit and resources of
traffic officers to work closely with
neighbourhood police teams, and
local councils, to gather intelligence
to target individuals who: routinely
OFFICIAL
1 Introduction
1.1 Background
1.1.1 The Sustainability and Transport Overview and Scrutiny Committee decided to
undertake an Inquiry into Road Safety on 20 July 2023.
1.1.2 As the Committee had also agreed to undertake an Inquiry into Active Travel, the
Committee agreed that this Inquiry would commence following the conclusion of the
Active Travel Inquiry. A Terms of Reference were, therefore, agreed in February
20241.
1.1.3 A cross-party Inquiry Task and Finish Group was established comprising:
• Councillor David Barker, Deputy Chair of the Sustainability and Transport
Overview and Scrutiny Committee and Chair of the Inquiry
• Councillor Izzy Knowles
• Councillor Richard Parkin
• Councillor Waseem Zaffar
1.1.4 The key question the Inquiry Task and Finish Group asked was:
“How can the Council deliver better road safety outcomes while also meeting its
budget challenges and moving towards financial recovery?”
1.1.5 In seeking to answer this the Task and Finish Group considered the following lines of
inquiry:
• What is an acceptable level of compliance with the rules of the road? What
enforcement activity is required to achieve this?
• What are the roles and responsibilities for individual organisations and their
services? How are the Council and partner organisations currently working
together?
• What is the financial modelling for Council enforcement activity?
• How are the Council using data and information to deliver a better service? How
does the Council use information from citizens to inform their service?
• What does an effective cross-Council enforcement (including reporting)
approach look like? What are the key measures which make a difference? What
1Sustainability and Transport Overview and Scrutiny Committee’s Work Programme, Appendix 1, Page 16-19,
February 2024
1.2 Outcomes
1.2.1 The specific outcomes for this inquiry are:
• Outcome 1: Safer roads for pedestrians, cyclists and motorists.
• Outcome 2: Service transformation for Highways
• Outcome 3: Contribute towards the Council’s financial recovery programme
• Outcome 4: Build trust and confidence in Birmingham citizens to effectively
address road safety issues
OFFICIAL
recommendations to external organisations. Nevertheless, the Inquiry encourages all
organisations involved in tackling road safety to review this report and seek to support
its recommendations, where possible.
2 The Active Travel Inquiry reported to Council in July 2024. The final report can be accessed here.
3 The Public Health outcomes framework concentrates on increased healthy life expectancy, reduced differences in
life expectancy and healthy life expectancy between communities. Included in Part B – Wider determinants of Health
is the indicator, B10- Killed and seriously injured (KSIs) casualties on England’s roads.
OFFICIAL
o Eliminate road danger particularly in residential areas
o Connect people with new job and training opportunities
o Reconnect communities by prioritising people over cars
o Revitalise the city centre and local centres
4 Birmingham Mail, 27 February 2024 accessed via Hold the Front Page
https://www.holdthefrontpage.co.uk/2024/news/city-daily-highlights-road-safety-crisis/
5 As of 31 October 2024 and based on STATS19 data provided by West Midlands Police. This compares with 18
(2023) and 23 (2022). STATS19 also indicates that there were 417 killed and seriously injured (KSIs) through total
road traffic collisions in 2023 compared with 449 in 2022 and 399 in 2021.
6 As the year of pandemic restrictions inevitably led to significant fewer journeys, this year is not considered as
OFFICIAL
there was an 8% reduction in killed and seriously injured (pedestrians) and 5.5%
reduction (cyclists) across the West Midlands7.
2.1.4 The West Midlands Combined Authority indicated that a more detailed ‘deep dive’ as
regards vulnerable road users may be helpful to inform future activity8.
2.1.5 The Inquiry Group were advised that the four main causes of road deaths, ‘the fatal
four’ are linked to9:
• Distraction – for example, the use of mobile phones while driving
• Speeding
• Impairment – for example, driving while under the influence of alcohol or drugs
• Seatbelt compliance – i.e. driving without a seatbelt.
2.1.6 This supports the key issues highlighted by community organisations to the inquiry,
both in the face-to-face evidence gathering session as well as through the survey10.
The range of issues raised included:
• Speeding – feedback included that people were exceeding the speed limit, as
well as the actual limits on some roads were too high
• Dangerous or inconsiderate parking – both on the road and on the pavement
• People using mobile phones while driving
• Congestion around schools
2.1.7 Community evidence also referred to dissatisfaction with how well organisations are
currently tackling these issues11. For example:
• Lack of enforcement to tackle parking
• People driving without insurance
7 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Commissioners Office and West Midlands Police, 6 June 2024. It is also important to note that the absolute number
for cyclists is low and so any percentage change can seem disproportionately significant.
8 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Commissioners Office and West Midlands Police, 6 June 2024. For further reference, see Department of Transport,
reported road casualties Great Britain, fatal 4 factsheet, 2023. However, as this is STATS19 data, Council officers
raised subsequent concerns that because of the way this data is collected and compiled, it is likely to be variable
dependent on the person recording the data. As such, whilst this data provides a valuable resource, conclusions
drawn from this data should be treated cautiously.
10Inquiry Evidence Gathering session with community members, 16 April 2024 and survey, Appendix A
11 Inquiry Evidence Gathering session with community members, 16 April 2024 and survey, Appendix A
12 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Commissioners Office and West Midlands Police, 6 June 2024.
13 Motor Insurers’ Bureau (MIB) Uninsured driving crackdown takes over 3, 700 cars off the road, 28 December 2023
https://www.mib.org.uk/media-centre/news/2023/december/uninsured-driving-crackdown-takes-over-3-700-cars-off-
the-road/
14 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Commissioners Office and West Midlands Police, 6 June 2024 but updated on 11 November 2024 to reflect latest
figures.
15 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Commissioners Office and West Midlands Police, 6 June 2024. Updated 8 November 2024.
16 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
OFFICIAL
(compared to other UK cities) did not enable people to always have a realistic choice
from driving18.
2.1.11 The community evidence also indicated that if people do not feel safe using other
transport options, they are less likely to choose them over their own vehicle. From the
community survey, 70.8% felt either unsafe or very unsafe walking in their
neighbourhood. This rose even higher when people were driving (71.7%) and cycling
(86.8%)19.
2.1.12 The Inquiry Group felt that these feelings are not only about road safety but may be
influenced by fears of other crime and anti-social behaviour as well as the overall feel
of their neighbourhood20. One of the community members at the face-to-face session
described how Coventry Road (A45) ‘is like a motorway now’. As a result, she felt
uncomfortable walking near it or letting her children walk near it21.
2.1.13 Key Finding 1: Despite reductions over the years 2019-2022, incidents of road harm
caused by KSIs (Killed or Seriously Injured) remain at an alarming and unacceptable
level. This is not an inevitability for cities like Birmingham. Communities are concerned
and our road safety crisis has become increasingly more prominent in the local media.
2.1.14 Key Finding 2: The main four causes of road harm are likely to be distraction,
speeding, impairment and seatbelt non-compliance.
2.1.15 Key Finding 3: Road harm, including KSIs, carries an enormous financial burden to
the public, with road casualties costing approximately £205 million in Birmingham
annually.
2.1.16 Key Finding 4: Birmingham has four of the top 15 postcodes for driving uninsured.
National evidence shows a correlation between drivers with no insurance and
increased risks for road safety.
2.1.17 Key Finding 5: Unsafe roads contribute to more people feeling unsafe to walk, to
cycle, or use public transport, and instead opt to drive.
2.1.18 Key Finding 6: Residents often feel they must use private vehicles due to limited
public transport infrastructure. Birmingham lacks a fully integrated, city-wide mass
transit public transport and active travel network compared to London. Furthermore,
how safe people feel is also an important factor in choosing to use public transport.
Improving safety and perceptions of safety is equally important.
neighbourhood.
21 Inquiry Evidence Gathering session with community members, 16 April 2024
OFFICIAL
2.2 Strategy & Policy
Road Harm Reduction Strategy
2.2.1 At the time of writing, it is anticipated that a new Road Harm Reduction Strategy for
Birmingham is shortly to be adopted. The current Road Safety Strategy has not been
refreshed since 2016 and no longer aligns as it should with relevant regional and local
strategies. This includes the West Midlands regional refreshed road safety strategy
and the Birmingham Transport Plan. A new Road Harm Reduction Strategy is a
welcome step. It ensures both strategic and delivery activity will, in the future, fit
together and pull in the same direction, thereby maximising its impact.
2.2.2 This new strategy is intended to enable the Council to discharge its statutory duties
under the Road Traffic Act 1988 to promote road safety and to take appropriate
measures to prevent collisions.
2.2.3 The ambition of the proposed strategy is to end death and serious injuries for users of
Birmingham’s roads, in line with the ‘Vision Zero’ concept, which aspires to eliminate
all traffic fatalities and serious injuries. It follows ‘Safe System’ principles and adopts
the globally successful ‘Healthy Streets’ to gradually transform Birmingham’s streets22.
2.2.4 The Healthy Streets approach includes 10 evidence-based Healthy Streets Indicators,
each describing an aspect of the human experience of being on streets. These ten
must be prioritised and balanced to improve social, economic and environmental
sustainability through how our streets are designed and managed (Diagram 1). This
22Road Harm Reduction Strategy consultation, accessed 8 November 2024. This is the Birmingham City Council
consultation on the proposed new strategy, which was open from 8 January 2024 until 5 April 2024.
23 Healthy Streets is an evidence-based approach to creating fairer, sustainable and attractive urban spaces. Every
decision we make about our built environment, however small, is an opportunity to deliver better places for people to
live in and thereby improve their health. The Healthy Streets Approach is a human-centred framework for embedding
public health in transport, public realm and planning.
24 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
OFFICIAL
Group felt it needed further information on what it will tangibly mean and expressed
concerns how it will be delivered upon without firm resource commitments.
Community Role
2.2.9 The Inquiry Group heard how there was a greater role community stakeholders can
play around the development of strategy and policy as well as operational
interventions. The Inquiry Group heard examples from Better Streets for Birmingham
about how it was working with Birmingham City Council. This was in addition to other
examples highlighted by community organisations to the Active Travel Inquiry. There
were also examples provided by the Sheldon Traffic Action Group (STAG) about how
the Council was not working with them.
2.2.10 The Inquiry Group heard how these community organisations felt there were
unexplored opportunities for the community to work alongside statutory services to
achieve common goals around safer roads. They described how ‘communities need to
see ownership of what isn’t working and inspiration on what we can do even if it is a
long journey (such as asking for legislation change)’. When asked to give a score out
of 10 for how empowered they felt to make a change, the average score was 3 and no
score was higher than 5. They asked what more could be done, how can we work
better together to prevent issues happening in the first place and how can community
capacity be strengthened26.
2.2.11 The Inquiry Group was advised that people needed to have more information on what
works and will make a difference. Another suggestion referred to professionals ‘in the
room’ engaging with residents in engagement activities, so the Council and
communities can map solutions together27.
2.2.12 The session with community members also referred to the challenges of securing a
consensus within different neighbourhoods and communities and acknowledging that
this may not be possible. There was discussion that attention is often with those who
do not like change and too little work with the majority in favour of intervention: “We
need to put in infrastructure and enforcement rather than asking nicely” 28. The Low
Traffic Neighbourhoods were cited as examples which have led to frustrations.
2.2.13 Community members at this session also highlighted that there was a ‘disconnect (in
the Council) between ambition and delivery. The volume of change needed has to be
approached more decisively’29. Similar points had been made in the Active Travel
30
This Inquiry was reported to Council in July 2024. The final report can be accessed here.
OFFICIAL
Ref Recommendation to Cabinet Responsibility Completion Date
Members
R03 Recommendation: Leader of the Council/ March 2025
Council asks the Leader of the Council Cabinet Member for (3 months)
and Executive, to share the action plan Environment and
for the Road Safety Emergency with a Transport
report to council. This action plan
should clearly set out how it commits
to deliver including what will happen,
timescales and how any council
activity will be funded. It should also
be clear on how it will demonstrate
how it is making a difference.
R04 Recommendation: Leader of the Council June 2025
Council seeks assurances from the / Cabinet Member for (6 months)
Leader that the current Cabinet the Environment and
Member portfolio arrangements enable Transport/ Cabinet
the Council to deliver on the Road Member for Social
Safety Emergency. Justice, Community
Safety and Equalities
R05 Recommendation: Deputy Leader December 2025
Council to ask the Deputy Leader to (12 months)
provide assurances that the Council's
adopted policies are sufficient to tackle
car dependency by supporting the
transformation of the city through
improving the quality and scale of
public transport and active travel
provision, whilst systemically reducing
road harm risk. This should also
consider the level of population density
needed to sustain integrated public
transport and active travel networks.
OFFICIAL
(Transport and Connectivity). However, the Inquiry Group felt it is difficult to know who
is accountable for the delivery of a scheme. The visibility and transparency of all
schemes to councillors and the public is important.
2.3.7 Officers from the Council’s Place, Prosperity and Sustainability directorate (PPS)
advised, if implemented, the relevant recommendations from the Active Travel Inquiry
will make a difference to the delivery timeframe of schemes and accountability36.
2.3.8 The Inquiry Group also raised concerns whether the current delivery model for
schemes generates delays in the pace of delivery. For example, there are no penalties
for delays in delivering schemes as well as the governance pathways.
2.3.9 The Cabinet Member for Environment and Transport highlighted opportunities for ward
members to access funds for schemes in their local wards through the new
Environment and Transport Neighbourhood Fund (ETNF)37. Schemes that aim to make
a positive contribution towards road harm reduction, active travel, air quality
improvements, reductions to carbon emissions and climate change mitigations may be
supported through this fund.
2.3.10 This new fund replaces the former Ward Minor Transport Measures (WMTM) and
incorporates Brum Breathes fund and additional budget from net surplus revenues
from the Clean Air Zone. The Inquiry Group heard that some wards had not accessed
the WMTM budget, as ward plans had not been in place38. However, the Inquiry Group
was concerned that the overall level of funding in place for the ETNF is not on par with
the total available funding to individual wards through the previous schemes. They also
felt that wards which had been proactive and had developed approved schemes
through the Brum Breathes fund would be penalised39.
2.3.11 The types of measures that might be supported through the ETNF could include, but
are not limited to, the following: minor junction re-design, traffic reduction measures,
active travel improvements, school streets, parking controls or restrictions, verge
protection measures, green infrastructure (planting, trees, parklets, but not high-
maintenance floral displays), provision of parking facilities for those with disabilities
and mobility difficulties such as advisory disabled bay markings, de-cluttering of street
36 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Committee, 22 August 2024
37 This fund was approved by Cabinet on 25 June 2024 (Transportation & Highways Delivery Programme 2024/25 to
2029/30 - Annual Programme Update). In both 2024/25 and 2025/26, the total funding available through this scheme
will be £20,000 per annum (single member ward) and £40,000 per annum (two member wards).
38 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Speed Limits
2.3.12 There is a link between reducing area speed limits and reducing the numbers of people
killed or seriously injured on roads41. The Council’s Place, Prosperity and
Sustainability directorate advised that a key area for future delivery will be to reduce
remaining 40mph speed limits to 30mph to provide city wide consistency. A business
case for £600,000 has been approved to support this work, and consultation on new
Traffic Regulation Orders (TROs) to deliver it, commenced in November. Subject to
the consultation outcome, works for some of the approved schemes could start in early
2025.
2.3.13 The Cabinet Member for Environment and Transport, Councillor Majid Mahmood, also
advised he had sent a letter to Government requesting 20mph zone for the whole of
Birmingham; he is currently awaiting a response. He highlighted that the recent
introduction of this zone in Wales had highlighted there would be cost implications for
the Council in implementing this42.
2.3.14 Key Finding 11: Birmingham’s roads have been designed around motor vehicles.
Residents who contributed to the inquiry felt there is more the Council can do with the
design of roads to prevent road harm incidents.
2.3.15 Key Finding 12: The pace of scheme delivery may be undermined by the current
delivery model. The Inquiry Group felt that this was due to the cost recovery business
model in place as well as the governance pathways.
2.3.16 Key Finding 13: Members struggle to have clarity on who is responsible for schemes.
This is particularly problematic to understand when delays in delivery occur; who is
accountable and what are the actions to be taken. This Inquiry recognises that the
Council has already made recommendations through the recent Active Travel Inquiry
40 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Committee, 22 August 2024
41 Safe Systems – Safe Speeds factsheet, BRAKE (accessed 9 November 2024)
42 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
OFFICIAL
to address this, however what this Inquiry has learned reiterates the need for this to be
addressed.
43 The Royal Society for the Prevention of Accidents (RoSPA) hosts a Road Safety Observatory which aims to provide
information on road safety to anyone working in the sector and members of the public. Their factsheet on parking can
be accessed here.
44 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
OFFICIAL
Officers from the Council’s Highways and Infrastructure service also shared these
concerns48.
2.4.5 Through the different evidence sessions with the Council and the Police, a discussion
point focused on ‘how can we help people to understand the difference in enforcement
roles between Council and Police, so people are going to the right organisation the first
time’. However, the feedback from the evidence session with community organisations
suggested that residents want things to be done without having to understand which
organisation is responsible49.
Legislation
2.4.6 The Inquiry Group received information from officers in Highways and Infrastructure
on the relevant legislation they can use to tackle parking (set out in Appendix B). Key
points from the Inquiry Group are:
• Council and use of Third Party evidence – more use of third party evidence
would be welcomed by the community members the inquiry group spoke to 50.
It could potentially enable more extensive coverage of the city and deliver better
levels of service and satisfaction for residents (subject to effective resource
levels to process the information). The current legislation does not allow the
Council to use third party evidence to issue a Penalty Charge Notice (PCN),
although it does enable the Council to use it for intelligence purposes51.
• Police and use of Third Party evidence – the powers available to the Police do
allow them to use Third Party evidence for enforcement. This inconsistency,
although rooted in legislation, frustrates residents. The Office for the West
Midlands Police and Crime Commissioner highlighted how they had secured
funding through the Safer Streets funding, round 5 to support third party
reporting mechanisms.
• Evidence required for a PCN52 – a Civil Enforcement Officer (CEO) is required
to gather information including vehicle registration number, make and model of
48 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Commissioners Office and West Midlands Police, 6 June 2024 and Evidence Gathering session, Work Programme at
the Sustainability and Transport Overview and Scrutiny Committee, 13 June 2024
49 This point was raised at all of the evidence gathering sessions outlined in Appendix C.
50 Inquiry Evidence Gathering session with community members, 16 April 2024
51 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
years. The current costs are £70 or £50 (depending on the offence), reduced to £35 or £25 if paid within 14 days.
Compared to the road danger of the parking activity, this is a very low cost. It also means there are locations where
parking illegally and paying the charge are similar to the cost of paid for legal parking.”
53 Section 15, Greater London Council (General Powers) Act 1974 prohibits vehicles from parking on footways, grass
verges, and other parts of the highway that are not designated carriageways. This provision is geographically specific
to Greater London and grants Local Authorities in that area the powers to regulate and enforce restrictions on parking
in these non-carriageway areas.
54 This consultation took place in 2020. The Department for Transport consulted on the DfT is seeking your views on
whether its ongoing work to improve the TRO process, under which local authorities can already prohibit pavement
parking, is sufficient and proportionate to tackle pavement parking where it is a problem; or whether legislative change
to allow local authorities with civil parking enforcement (CPE) power enforce against ‘unnecessary obstruction of the
pavement) or legislative change to introduce a London-style pavement parking prohibition throughout England would
provide better tools for local authorities. (These options had been identified through the department’s review of
pavement parking and echoed by the Transport Committee). They were also interested in understanding any other
alternative proposals you may have for managing pavement parking
55 Where specific parking restrictions are in place, these cover the entire extent of the public highway, including verges
and footway. This means that Civil Enforcement Officers are able to issues Penalty Charge Notices for vehicles
parked in contravention, including on the footway. In this regard, permit parking controls are particularly effective,
offering a degree of self-enforcement and providing a revenue stream to fund formal enforcement activity.
56 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
OFFICIAL
meaning that a parked vehicle can only have got on the footway by travelling across it
and is therefore guilty of an offence. The very age and nature of this legislation
reinforces the idea that the legislation is not meeting the needs of today.
2.4.10 It would still be required (to use section 72, 1835 Highways Act) to have evidence to
identify the driver at the time the offence occurs, which may be challenging to resource
adequately through both the Police and Council. The Cabinet Member for Environment
and Transport highlighted he was keen to support a regional request to Government
for the West Midlands to receive similar powers to London and Scotland, which may
be a more achievable approach57.
57Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Committee, 22 August 2024
58 Officers confirmed that a benchmarking exercise is being undertaken with Leeds.
59 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Committee, 13 June 2024
60 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
OFFICIAL
communication to say we have received a report but absolutely terrible at actually
doing anything. You never hear from them again. I have absolutely no idea if my report
actually led to the car being prosecuted?”
2.4.17 As well as confusion over which organisation to report to, the Inquiry Group found there
are multiple platforms for people to use to report related issues including the Council
(phone/ website) for parking enforced by the Council62; Nextbase (used by West
Midlands Police) for parking enforced by the Police and Fix My Street (for parking
enforced by the Council)63. Each platform has a different user experience. A significant
majority of the survey respondents had not used either Nextbase or Fix My Street to
report issues64.
2.4.18 The Inquiry Group was concerned that multiple platforms added extra confusion to
reporting issues to residents. Community members at the evidence gathering session
also agreed. The Inquiry Group was also concerned about how effectively these
platforms integrated with Council systems. Without this, it will be more challenging to
respond to the issues residents are raising.
2.4.19 While the Council’s reporting system has been used more by survey respondents than
the other platforms highlighted, the satisfaction levels for the Council compared to
other options are lower. Nextbase, in particular, was highlighted for its feedback loop65.
West Midlands Police described Nextbase as ‘easy to use, accessible and intuitive. It
provided clear reporting lines and timelines with reported results’. The Council’s
Highways and Infrastructure service agreed that more work could be carried out to
improve the user experience for residents, and this is part of the service review (set
out in 2.4.11-2.4.13). They intended to learn from other Local Authorities to find out if,
and how, they could deliver better. They recognised that this would require a multi-
service approach66.
2.4.20 In summary, the areas highlighted by the community evidence gathering session and
survey for the Council to improve include67:
62 Enforcement requests are currently received from members of the public through various reporting channels such
as the Online web form for reporting illegal parking (www.birmingham.gov.uk/reportparking), telephone calls and
emails. The service also receives requests through Member Enquiries.
63 Nextbase is national dashcam reporting portal. West Midlands Police’s investigation of reports via this portal is
called Operation Snap. Nextbase does not send reports to the council. Fix My Street is a third party website which
sends reports to local councils on a variety of issues including parking enforced by the council. It does not send
reports to the Police.
64 Inquiry Survey, Appendix A
65 Inquiry Evidence Gathering session with community members, 16 April 2024
66 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
No. of
Reported Via % Split
Requests
Online Web Form 817 66.9%
Phone call 164 13.4%
FixMyStreet 92 7.5%
Email 149 12.2%
68 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Committee, 22 August 2024. Table 1 excludes requests from Members.
69 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
OFFICIAL
3. NSL will assign a Civil Enforcement Officer (CEO) to attend the location as
soon as possible. If a CEO is close to the location, they may be assigned;
alternatively, a NSL Customer Response vehicle may be allocated instead.
4. Data is then collated from each CEO visit. This confirmed the number of
Penalty Charge Notices (PCNs) and the number of vehicles moved on.
2.4.23 The Inquiry Group was advised that where reports are received outside of working
hours, there may be a delay in passing the details to NSL70.
Enforcement
2.4.24 The Inquiry Group recognised that to be a Parking Enforcement Officer in Birmingham
is an incredibly challenging job, and where staff have experienced physical violence
and verbal abuse; this is unacceptable71.
2.4.25 Table 2 shows the number of occasions our enforcement contractor has carried out
enforcement in the first quarter, in relation to the enforcement requests logged with
them. The table splits the requests out by enforcement beat72:
Beats 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F Totals
Apr-24 22 0 1 30 3 0 17 1 17 7 1 1 1 25 10 182 194 117 228 177 144 1178
May-24 5 0 0 21 3 0 1 1 3 0 2 6 4 8 10 263 253 280 274 206 178 1518
Jun-24 0 2 0 5 20 2 18 1 0 2 6 24 4 10 27 316 364 265 319 147 188 1720
Totals 27 2 1 56 26 2 36 3 20 9 9 31 9 43 47 761 811 662 821 530 510 4416
Table 2: Number of Enforcement visits in Q1 (April – June 2024) per enforcement beat
2.4.26 Table 3 shows the volume of both requested enforcement checks and the Penalty
Charges Notices (PCNs) issued for the first quarter of 2024/25. The table also shows
the full year statistics for 2023/2473. Specific requests associated to illegal footway
crossings are reported separately. These would usually lead to a single enforcement
visit rather than repeated inclusion in forthcoming beats.
70 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Committee, 22 August 2024
71 https://www.bbc.co.uk/news/uk-england-birmingham-66732741
72 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Committee, 22 August 2024. Beats 1 to 15 are City Centre Beats, Beats A, E and F cover the North/East areas of the
city and Beats B, C and D covers the South/West areas of the city.
73 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Table 3: Total Enforcement visits and total Penalty Charge Notices per month
2.4.27 The graph (diagram 2) below shows the yearly volumes of all Civil Parking
Enforcement (CPE) PCNs issued. Since Covid19, we are seeing a year-on-year uplift
for PCNs being issued to vehicles parked in violation74.
182,510
180,000
168,579
160,000
130,225
120,000
121,370
100,000
95,776
80,000
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24
2.4.28 The below data (table 4) shows the total volume of PCNs issued for parking violations
by month for the first quarter of 2024/25 and the comparison vs last year, continuing
to show an upward trend in CPE PCN volumes.
74Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Committee, 22 August 2024. The number of PCNs issued by CEO per hour have been on the increase Year On Year.
There are multiple factors that will be impacting this including; continued illegal parking, pro-active deployment of
CEOs to locations based on experience of issues, responding to enforcement requests. There has also been a
steady increase in CEO hours deployed.
OFFICIAL
Parking PCNs by Year
2024/25 vs
2024- 2023- 2023/24
Month Cumulative
2025 2024
April 18,522 15,720 2,802 17.82%
May 17,445 16,659 786 4.72% 3,588 11.08%
June 17,971 14,865 3,106 20.89% 6,694 14.17%
Totals 53,938 47,244
Table 4: Total number of Penalty Charge Notices for parking violations, 2024 vs 2023
2.4.29 During the first quarter of 2024/25, NSL attended 24 joint enforcement operations
across the city at the request of West Midlands Police, with the aim of raising
enforcement presence and visibility, obtaining compliance with the parking restrictions
and reducing congestion in targeted areas. The Council is pro-actively engaging with
West Midlands Police for their support in joining the Service for further joint operations.
2.4.30 West Midlands Combined Authority proposed that increased enforcement action
around parking should be taken when poor parking was impacting upon the public
transport network, due to its wider impact. For example, parked cars in bus lanes75.
2.4.31 Key Finding 13: The Inquiry Group feels that the Council is not able to provide a fully
effective parking enforcement service. The community evidence gathering session and
survey respondents demonstrate that residents lack confidence in our ability to enforce
upon illegal parking. The Inquiry welcomes the service review underway, which has
been urgently needed.
2.4.32 Key Finding 14: Specifically, residents tell us how difficult it is to report parking issues
to the Council using the existing portal or an often engaged telephone line and deters
people from using it. As a result, the Council does not have an accurate picture of its
issues nor is it best able to deploy its resources on an intelligence led basis.
2.4.33 Key Finding 15: The Council cannot take direct enforcement action (for example,
issue Penalty Charge Notices) based on third party evidence. This is not the case with
West Midlands Police, and this is due to the current legislation. This limits the potential
opportunities for the Council to take the action it can.
2.4.34 Key Finding 16: To be a Parking Enforcement Officer in Birmingham is an incredibly
challenging job and where staff have experienced physical violence and verbal abuse,
this is unacceptable. However, the service is poorly viewed by residents as
inconsistent, particularly outside of working hours.
75Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Commissioners Office and West Midlands Police, 6 June 2024.
OFFICIAL
appropriate next steps if this
is not the case.
• Reintroduces the Annual
Parking report.
R09 Recommendation: Cabinet Member for June 2025
Council requests the Cabinet Environment and (6 months)
Member for Environment and Transport
Transport to outline the approach to
the Sustainability and Transport
Overview and Scrutiny Committee
to tackle pavement parking across
the city and the plan to achieve this.
This should cover but not
exclusively:
OFFICIAL
2.5 Other Enforcement Activity (by Council or West Midlands
Police)
2.5.1 From the Inquiry Group session with community members reinforced by the survey
results, people felt that there was insufficient enforcement to meet the level of problems
they were experiencing76.
2.5.2 West Midlands Police highlighted that there were variations in the enforcement
approaches for different issues across the seven Local Authority areas. This
presented challenges for them77.
2.5.3 West Midlands Police advised the Inquiry that the Chief Constable, Craig Guildford,
had invested heavily in road safety, and is the only force in the country to reinvest so
heavily in Roads Policing78. This included more resources including ANPR as well as
increased numbers of staff. Three new camera vans to support speed enforcement
operations have been purchased as a result of Safer Streets 5 funding, which was
successfully secured from the Home Office by the West Midlands Police and Crime
Commissioner, Simon Foster.
76 Inquiry Evidence Gathering session with community members, 16 April 2024 and survey, Appendix A
77 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Commissioners Office and West Midlands Police, 6 June 2024.
78 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Street Racing
2.5.9 The Inquiry Group was advised that a section 222 Injunction is in place to tackle street
racing across Birmingham86. This is supported by a joint operation – Operation
81 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
Committee, 22 August 2024
82 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Authority, West Midlands Police and Crime Commissioners Office and West Midlands Police, 6 June 2024, and which
was later updated in November 2024 by the Council to reflect the current position.
84 Relevant information provided to the Sustainability and Transport Overview and Scrutiny Committee at their pre
decision scrutiny session with Council officers on the Road Harm Reduction Strategy, 10 October 2024.
85 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
street racing takes place here based on feedback from street racers is the design of the road - wide, straight dual
carriageway with no active surveillance. This affects similar locations across the West Midlands. Prioritising
OFFICIAL
Hercules – between the Police and the Council. For individuals who have been
identified as involved with street racing, they are offered an education course which is
delivered by West Midlands Fire Service (WMFS) and 204 people had been on the
course. The course is very resource intensive87.
2.5.10 A review of the street racing enforcement joint activity with West Midlands Police is
planned.
engineering measures on this route could have a significant impact on reducing incidences of street racing in
Birmingham as a whole. Engineering measures have previously been used on locations in Central Birmingham for
street racing, which prevented this issue reoccurring.
87 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
91 Inquiry Evidence Gathering session with West Midlands Combined Authority, West Midlands Police and Crime
Commissioners Office and West Midlands Police, 6 June 2024.
92 Evidence Gathering session, Road Safety Inquiry at the Sustainability and Transport Overview and Scrutiny
OFFICIAL
This plan should include how it will
engage and inform ward members.
R13 Recommendation: Cabinet Member for January 2025
Council requests the Cabinet Environment and (1 month)
Member for Environment and Transport
Transport with the Leader of the
Council, Deputy Leader, Mayor for
West Midlands, West Midlands
Police and Crime Commissioner
and all Birmingham MPs to urgently
write a letter to the Department for
Transport asking that they
introduce legislation for the police
and councils to retain funds
received from speeding fines in the
region.
R14 Recommendation: Cabinet Member for January 2025
Council requests the Cabinet Environment and (1 month)
Member for Environment and Transport
Transport to urgently write a cross
party letter to the Department for
Transport to request an increase
in the maximum charges for
Moving Traffic contraventions.
This letter should be cosigned by
all Birmingham MPs, the Police
and Crime Commissioner and the
Mayor for the West Midlands.
R15 Recommendation: Cabinet Member for January 2025
Council requests the Cabinet Environment and (1 month)
Member for Environment and Transport
Transport to urgently write a letter
to the Police and Crime
Commissioner and Chief Constable
asking them to expand the remit
and resources of traffic officers to
work closely with neighbourhood
police teams, and local councils, to
gather intelligence to target
individuals who: routinely break
speed limits; use illegal
modifications of engines and
exhausts and tinted windows; and
remove number plates to escape
detection.
The survey asked participants 18 questions. A total of 212 online responses were received. A further
written response was also submitted. An individual response with their particular experiences was
also received.
The first question asked respondents to provide details of their community/residents group to which
there were 191 responses. These were from individuals as well as those submitted on behalf of
community or residents’ groups. In some cases, more than 1 response was submitted by an
organisation by separate individuals.
Respondents may have answered more than 1 question i.e. both walking and cycling for any of the
categories. In some cases, there was no response and the recorded number of ‘no response’ is as
recorded by the consultation database. Therefore, in some cases the numbers do not add up to the
total number of completed online survey respondents of 212.
Q: How safe do you feel walking or cycling on the roads around your neighbourhood?
How safe do you feel walking or cycling on the roads around your
neighbourhood?
100
88
90 84
80
70 62
60
47
50
40 35
30 25
20 12
10 5 6
2
0
Very Unsafe Unsafe Neither Safe Very Safe
Rating
Walking Cycling
OFFICIAL
Q: How safe do you feel driving on the roads around your neighbourhood? Respondents were
asked to rate on a scale from very unsafe, unsafe, neither, safe or very safe.
How safe do you feel driving on the roads around your neighbourhood?
100 95
90
80
70
No. of responses
60 57
50
40 35
30
21
20
10 4
0
Very Unsafe Unsafe Neither Safe Very Safe
Rating
Q: Have you ever reported parking issues to Birmingham City Council using its online form?
46%
54%
Yes No
If, yes, how satisfied were you with the level of service?
Response to Question No Response to Question*
250
205
200
180 177
No. of responses
150
121
106 102
100
52
50
14 17
8
0
5 (very satisfied) 4 (satisfied) 3 (somewhat safisfied) 2 (unsatisfied) 1 (very unsatisfied)
Q: Have you ever reported driving or parking issues to the Police using the Nextbase reporting
system?
Have you ever reported driving or parking issues to the Police using the
Nextbase reporting system?
180
158
160 153
140
120
100
80
60 49 50
40
20 9
5
0
Yes No No Response to Question
Driving Parking
OFFICIAL
Q: Have you ever reported driving or parking issues using Fix My Street?
0
Yes No No Response to Question
Driving Parking
Q: How confident do you feel you are in knowing what the Council are responsible for, and what
the Police are responsible for? (Score 1-5; 1 is the lowest, 5 is the highest)
How confident do you feel you are in knowing what the Council are
responsible for, and what the Police are responsible for?
200
175 175 171
180
155
160
140 126
120
100
84
80 66
60 48 46
40 31 30 33 34 33
21
20
0
5 (very satisfied) 4 (satisfied) 3 (somewhat safisfied) 2 (unsatisfied) 1 (very unsatisfied)
6 7
28
44 127
Q: How satisfied are you with Police enforcement on roads in your neighbourhood? (Score 1-5; 1
is the lowest, 5 is the highest)
120
100
No. of responses
80
60
39
40 32
20
6 6
0
5 (very satisfied) 4 (satisfied) 3 (somewhat safisfied) 2 (unsatisfied) 1 (very unsatisfied)
Rating
OFFICIAL
Appendix B: Legislation
Road Traffic Act (1988)
Local authorities have a statutory duty under section 39 of the 1988 Road Traffic Act to “take steps
both to reduce and prevent accidents”. Specifically, this relates to:
• Each local authority must prepare and carry out a programme of measures designed to
promote road safety and may contribute towards the cost of measures for promoting road
safety taken by other authorities or bodies
• Each local authority:
[a] must carry out studies into accidents arising out of the use of vehicles on roads or part of
roads, other than trunk roads, within their area;
[b] must, in the light of those studies, take such measures as appear to the authority to be
appropriate to prevent such accidents, including the dissemination of information and advice
relating to the use of the roads, the giving of practical training to road users or any class or
description of road users, the construction, improvement, maintenance or repair of roads for
which they are the highway authority (in Scotland, local roads authority) and other measures
taken in the exercise of their powers for controlling, protecting or assisting the movement of
traffic on roads, and;
[c] in constructing new roads, must take such measures as appear to the authority to be
appropriate to reduce the possibilities of such accidents when the roads come into use.
It is the duty of a local traffic authority to manage their road network with a view to achieving, so far
as may be reasonably practicable having regard to their other obligations, policies and objectives,
the following objectives
a) Securing the expeditious movement of traffic on the authority’s road network; and
b) Facilitating the expeditious movement of traffic on road networks for which another authority
of the traffic authority.
The TMA provides the Council specific tools to manage parking policies, implement measures like
speed limits, coordinate street works and enforce moving traffic offences. Some examples of how
the Council is currently utilising the TMA include civil parking enforcement, bus lane enforcement
and the operation of a permit scheme to support the coordination of street works.
Local Authorities are allowed to create Traffic Regulation Orders (TROs) to implement various traffic
controls, including speed limits, parking restrictions, and road closures. Traffic Regulation Orders do
require adequate signage to be provided on specific streets to make the Order enforceable.
Greater London has different legislation in place to control pavement and verge parking. Some
areas have also used section 72, Highways Act 1835 as a means of prosecuting parking on
footways. (This is the only section of this Act still remaining due to repeals). The section deals with
the prohibition of allowing animals and carriages to travel on the footway. It has been accepted by
This Act provides a legislative framework for street works by statutory undertakers (utility companies)
and works for road purposes. It is supported by relevant Regulations and Codes of Practice.
The legislation places an obligation on the highway authority to co-ordinate these works and oversee
quality of workmanship through an inspection’s regime. In 2023 BCC introduced a permit scheme
under Part 3 of the Traffic Management Act 2004 whereby instead of informing a local authority
about its intention to carry out works in its area, a statutory undertaker must book time on the
highway by obtaining a permit from the local authority. An infringement of the permit scheme can
result in the issuing of Fixed Penalty Notices.
• The Traffic Management Act 2004 (TMA) confers powers on Local Authorities to manage on
and off-street parking. It includes provisions that allow Local Authorities to enforce parking by
issuing Penalty Charge Notices (PCNs) to vehicles parked in contravention. Part 6 of the TMA
is particularly relevant, as it covers civil enforcement of traffic contraventions which includes
parking.
• The Road Traffic Regulation Act 1984 (RTRA 1984) provides a broad framework for traffic
management and control, including the regulation of parking. It empowers Local Authorities
to make Traffic Regulation Orders (TROs) to control parking and other aspects of road use.
• The Road Traffic Act 1991 decriminalised certain parking offences and gave Local Authorities
powers to undertake parking enforcement. The Act introduced the role of Civil Enforcement
Officers (CEOs), who could issue PCNs for parking violations.
OFFICIAL
• The Civil Enforcement Officers (Wearing of Uniforms) (England) Regulations 2007 mandate
that officers who are responsible for enforcing parking and other traffic regulations must wear
a uniform when carrying out their duties.
OFFICIAL
Mark Shelswell, Assistant Director Highways and Infrastructure,
Birmingham City Council
9 July Community Call A survey hosted on the Council’s platform – Be Heard
2024 – for Evidence -
6 survey
August
2024
22 Sustainability & Councillor Majid Mahmood, Cabinet Member for Environment and
August Transport Transport
2024 Overview and
Scrutiny Philip Edwards, Assistant Director, Transport and Connectivity,
Committee – Birmingham City Council
Birmingham City
Council Craig Evans, Parking Services Manager, Highways and
Infrastructure, Birmingham City Council
OFFICIAL
Birmingham Living Streets
This is a group of local people who want our streets to be fit for walking. They work with others
towards common goals that improve walking conditions including having an input to the planning
process to improve the built environment and lobbying authorities for greater consideration of
‘active travel’.
Pushbikes
Push Bikes campaigns for better cycling in Birmingham and Solihull.
Sustrans
It works for and with communities, helping them come to life by walking, wheeling and cycling to
create healthier places and happier lives for everyone.93
It is part of the West Midlands Rail Executive and West Midlands Bus Alliance, and it is
responsible for monitoring and improving road safety in the West Midlands. It also looks after the
23 busiest routes in the region. This is called the Key Route Network. It manages the Regional
OFFICIAL