Local Authority Parking and Traffic Management Operational Advice during Covid-19

Wales Version 4 – 3 July 2020

This guidance has been produced jointly by the British Parking Association and the Welsh Local Government Association to help local authorities develop and implement local plans for lifting temporary traffic and parking arrangements put in place since the start of the COVID 19 lockdown period. The authors of this advice will keep it under constant review in light of the rapidly changing situation and update and reissue as necessary. Parking and traffic management is an important public service, which provides benefits for pedestrians, cyclists, motorists and the wider community. Those benefits include maintaining road safety and access to jobs, goods and services. This has perhaps never been more important than now as we have had to respond to unprecedented changing demands and priorities. Local authority action in this area has been widely recognised as making an important contribution to the fight against COVID 19, especially the flexibility provided to our NHS staff, care and other key workers. Transport is one of the most important factors in ensuring we continue to control the virus and save lives, whilst enabling a phased lifting of the lockdown restrictions. A carefully phased reintroduction of previously relaxed traffic/parking management and enforcement is therefore necessary to help manage a safe and controlled recovery. This is especially true for the return to work and school as and when the lifting of restrictions allows. As people may try for a period of time to avoid public transport, demand for parking will increase and the reintroduction of charges and enforcement may be necessary to ensure priority for parking space can be maintained for those who need it most. Road space may need to be repurposed for additional walking and cycling, as well as continuing to ensure access for essential deliveries and services. It is of course important for the parking and traffic management sector to recover too as and when many authority staff and contractors are able to return to work places. No two authorities or even town centres are the same, so local action will be dependent on local circumstances and entirely for each authority to decide what is best for them. The following advice is intended to provide a framework for those local decisions and help achieve some consistency where possible.

On and Off- Street Enforcement Activities

Managing the supply of and demand for parking facilities is a key operational responsibility for authorities and is a vital traffic management tool. It is likely that a phased return to work for certain sectors will lead to an increase in demand for parking places as many people seek alternatives to shared public transport, for their own personal health and safety. Authorities are advised to continue to focus their enforcement activities on priority routes and incidence of dangerous, obstructive and anti-social parking. However, when demand increases it is likely that authorities will need to reintroduce enforcement at locations that have previously had some form of relaxation or suspension. It is recommended that authorities gradually prioritise reintroduction of enforcement activity to locations of heightened activity where the lack of controls will have a significant detrimental impact on congestion, safety and traffic management. In areas where enforcement has temporarily been suspended, authorities are advised to initially consider the issuance of Warning Notices, outlining that the vehicle is parked in contravention and may receive a Penalty Charge Notice (PCN) in the future if regulations/controls are not observed. Authorities may wish to consider the use of an alternative waterproof envelope for such Warning Notices to manage this message and help ensure that they are not mistaken for a PCN [example at Appendix D] . Authorities may also want to use the Advisory Parking Notice templates created by the BPA (see Appendix A and B) as a basis for their own notices. To aid public acceptance of increased parking controls it is advised that Civil Enforcement Officers (CEOs) are encouraged to provide help and advice about where people can and cannot park, ensuring that social distancing guidelines are applied and adhered to. In recognition of the need to properly assess the risks involved in the return to work of greater numbers of CEOs, the BPA has produced a risk assessment framework, which authorities may use as a guide whilst creating their own assessments [See Appendix E]. It is likely that, to adhere to social distancing requirements, there may be increased incidents of CEOs not being able to successfully serve the PCN which may lead to an increase in postal Regulation 10 ‘prevention from service’ notices. Authorities need to ensure that they have all of the required evidence on the parking activity in accordance with existing guidance before taking the decision to issue such notices. See page 19 of Statutory Guidance here With the likelihood of a phased increase in commercial activity, it will become increasingly important for the freight sector to be able to deliver goods and services to shops and businesses. Authorities need to ensure that loading and unloading can take place safely and legally and that the highway is not obstructed by vehicles parked in contravention that could have a negative impact on this activity. Those local authorities that undertake vehicle removals should continue to only do so if a vehicle is parked dangerously or obstructing traffic flow. Where possible, any vehicle that needs to be removed should be relocated to a safe, lawful position close by rather than removed to the vehicle pound. Removing to a pound should remain a last resort. Any changes in procedures and parking restrictions should be clearly publicised on authority websites and if possible also through social media with a facility to allow the public to make enquiries.

PCN Case Progression It is recognised that whilst previous advice had recommended that authorities should hold the progression on PCN cases, an important part of the recovery process is to enable people to address and resolve outstanding matters. Authorities will need to recommence their activities in managing all aspects of road traffic enforcement including the processing of challenges, representations and payments as soon as possible where processing has been suspended. It is also important that outstanding cases do not expire or pass beyond any statutory deadlines. Authorities who have put PCN processing on hold may, if feasible, now wish to start to get cases moving again using the required level of sensitivity to the ongoing COVID 19 situation. This includes progression of PCNs to Notice to Owner (NtOs)/Charge Certificate stages where appropriate. Careful consideration should be given to the content of all incoming and outgoing correspondence, making outgoing communications highly relevant and responsive to the COVID 19 situation. A firm but fair and considerate regime of dealing with challenges and formal representations is advised. There is likely to be an increase in the number of challenges based upon mitigating circumstances relating to COVID19 and authorities should consider showing some discretion where this is highlighted and can be verified as a contributing factor. For cases at Charge Certificate stage, authorities who have had cases on hold may wish to initially re-engage by way of a letter in an attempt to resolve them. A sample letter attached based upon one used by Derby City Council, at Appendix C, and which has proved very successful, could be used as the basis for initial re-engagement. It is recognised that for some authorities a return to regular processing will not be straight forward. Authorities should prioritise cases that are approaching statutory deadlines and be aware that statutory service requirements and timescales still apply. As the restrictions around travelling to work are lifted gradually, it is hoped that back office teams who have been unable to continue processing from home will be in a position to start working again. Electronic requests to DVLA using the KADOE system continue to be processed as usual. They have indicated that any requests that require manual processing may be subject to delay and authorities should be aware of this. Payments Authorities are advised to continue to take a common sense and flexible approach towards taking payments and recognise that many people may be struggling financially. Recommendations include extending the discount payment periods or providing an offer to put cases on hold to a specific date when the person indicates that they will be able to pay. Where a motorist has multiple cases to pay, authorities may wish to consider a payment plan or staggering the payments if this will improve the likelihood of resolution. It is recognised that the ability to offer the above will be wholly dependent upon each authority’s own system capabilities and is a local decision each authority will make.

Debt registration and enforcement Authorities are encouraged to start re-engaging with the debt registration process if they had previously ceased this activity. The Traffic Enforcement Centre has confirmed that they remain open and have the ability to process new registration requests. For cases already with Enforcement Agents, sympathetic and proportionate ‘compliance stage’ activities can recommence. This should be limited to appropriate letters, texts and calls and as always give full consideration to any potential vulnerable circumstances but particularly those affected in anyway due to COVID 19. The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (No. 2) (Coronavirus) Regulations 2020 were made on 19th June 2020 and enable visits to recommence from 24th August 2020. The Civil Enforcement Association (CIVEA) was proactive in providing best practice guidance to its members prior to the government’s COVID19 lockdown measures being introduced. CIVEA have published a post-lockdown support plan which all CIVEA members have committed to implement. The content of this plan can be found at Appendix F. Charging strategies On and off street charging strategies will play an important part in the recovery process in regulating vehicle movement and therefore re-commencing of charging, where it has been suspended may be necessary. Local decisions about charging strategies should be made to promote active travel, support social distancing and give priority to critical workers as necessary and manage air quality. Authorities may wish to take a more flexible approach where possible within the bounds of statutory processes. This could include recognising a potential increase in demand for all day worker parking by offering weekly or monthly rates to support the return to work for those who cannot cycle or walk as an alternative to public transport. Authorities may wish to consider incentivising longer stay parking further out from retail and urban centres by making it cheaper and combining it with active travel for the last part of the journey and combine this with higher pricing aimed at shorter stays in central locations. Central locations will also need to be used to some extent to provide for disabled parking where kerb side space has been reduced to enable social distancing measures. Where charges are being reinstated, please see advice below regarding payment methods. Social distancing and reducing virus transmission risks Government guidance on social distancing relevant to transport, parking and the public realm has recently been published and authorities should refer to the relevant parts of this: https://gov.wales/creating-safer-public-places-coronavirus https://gov.wales/travelling-safely-coronavirus-guidance-public It is highly likely that authorities will be required to suspend some on street parking to enable them to widen pedestrian areas to support social distancing and/or to put in cycle lanes to

support active travel. Authorities should continue to offer all of their usual forms of payment but should carefully consider risks associated with machines and take the necessary control measures to reduce them. Cashless and contactless payments can be encouraged but it is important to try not to fuel fear of touching things or disadvantage customers for whom cashless and card payments are not possible. The BPA has also produced a social distancing and virus transmission risk reduction tool kit for car parks which is available to members via the resource library here The tool kit includes a risk assessment template and ready to use template signs in English and Welsh. Any queries about this tool kit can be sent to Alison.t@britishparking.co.uk Repurposing the Kerb

Many authorities will be taking steps to introduce temporary or experimental traffic orders where possible to re-purpose the kerbside and enable wider pedestrian spaces and cycle lanes. This can be an effective measure in encouraging increased levels of walking and cycling as many people avoid public transport, whilst observing social distancing guidelines. When implementing new schemes, planners need to be aware of the demand for parking services in an area and the impact that a significant reduction in the supply could have on the management of traffic on their highway. Whilst car use is not necessarily encouraged, private transport will be a desired travel mode in the short term. It must also be stated that any highway repurposing should be carefully considered to avoid any negative impact on residents and the local business community and consultation is advised prior to the commencement of any temporary orders. The ability of freight operators to deliver goods and services should be considered as well as facilitating kerbside loading and unloading in a safe and practical way. The reduction in available space for blue badge holders needs to be taken into account and viable alternatives provided. COVID 19 Parking Concessions Since the introduction of the COVID 19 lockdown restrictions, authorities throughout Wales have introduced temporary provisions to assist critical key workers to be able to park for free so that they can continue to provide essential services at this challenging time. Government parking concessions for critical care workers remain the ‘top priority’ for the limited parking available (see next section for further details). PCNs should not be issued to those vehicles displaying such passes/permits unless parked in an obstructive and/or dangerous manner. Where local exemptions/permits have been issued it might be necessary at some point to review and withdraw these concessions as traffic and parking demand increases, and capacity begins to be strained. It is advised that any such withdrawal is communicated sensitively in advance to users, with warning notices used for a period of time after the permits have been withdrawn where possible.

Government Parking Pass and Other Evidence of Entitlement to Parking Concessions

The Welsh Government’s free parking concessions and supporting parking pass scheme for NHS and health and social care staff and NHS COVID 19 volunteers (critical care workers) will continue to operate until WG advise of its withdrawal. Until such time, those retaining priority/free parking should continue to be encouraged to park off-street where possible, with on-street as a last resort. Councils will need to make their frontline teams aware of what the pass looks like and also what the guidance for use says so they are aware of where & in what circumstances holders have been told they can use it. If you need a copy of the pass and guidance for reference please contact Alison.t@britishparking.co.uk

If a special COVID 19 permit system for critical care workers had already been set up by your council or other evidence of entitlement had been accepted following previous advice this can continue, and the pass does not need to replace it, although you should be aware that the WG pass should still be accepted in addition to local permits. The guidance for users clarifies this point.

It should be noted that it may not be obvious to identify care workers as they come from a diverse set of organisations within the care industry. Where the Welsh Government pass is not being used, this diversity should be taken into account and on street enforcement officers asked to look closely and record any evidence placed in windscreens.

Blue Badge enforcement

Acknowledging that local authorities may have to delay processing new Blue Badge applications and reapplications, and may also have an existing backlog of current applications, the UK and devolved governments and local government associations are advising that local authority parking teams should not issue Penalty Charge Notices to citizens using Blue Badges with an expiry date of 1 January 2020 onwards. This relaxation of enforcement against expired Blue Badges should continue initially until 30 September 2020. For clarity, the only enforcement suspended is for expired badges, all other enforcement against other types of misuse or parking where blue badge concessions are not valid can continue.

Appendix A. Warning Notice Example 1 – lockdown easing early stages

Advisory Parking Notice You can help your community by parking considerately

As the COVID 19 lock down is gradually eased, it is becoming necessary for us to resume greater levels of parking management to respond to the increase in car travel. For a short period we are issuing advisory notices to draw people’s attention to where parking rules have been broken & to highlight how people can help their community by parking considerately. Our officer believes that your vehicle is parked in breach of the Traffic Management Act 2004 and local Traffic Regulation Orders. These regulations are there primarily to keep your community safe and free from hazards and obstruction caused by parked vehicles and to protect some spaces for specific road users. At this time, ensuring routes are kept clear, spaces needed for critical workers & residents are protected and that people are not negatively affected by inconsiderate parking is especially important. Please ensure you move your vehicle immediately so that you are parking in a permitted place and with consideration to others. We do not wish to need to take enforcement action at this time, but we continue to have a responsibility to local communities in maintaining control of parking. If your vehicle is seen repeatedly parking in this way you will be issued with a Penalty Charge Notice. Thank you for your assistance and cooperation.

(name of council) Parking Services.

If you need help with finding somewhere to park due to circumstances related to COVID 19 please: (use one or both of the following & adapt if necessary): contact us at (e-mail/phone number) and we will do our best to direct you to somewhere safe and convenient. visit our website parking pages where you will find information about available places to park and special permit schemes in operation www.xxxx.co.uk

Appendix B. Warning Notice 2 – resumption of charges

Advisory Parking Notice Parking charges are being/have been reinstated in this location

As the COVID 19 lock down is gradually eased, the council is resuming parking charges to respond to the increase in car travel and to manage the demand for parking. Normal parking charges will apply at this location from X (date)/Normal parking charges have now resumed at this location and you must pay for parking here from now on. (DELETE AS APPROPRIATE) For a short period we are issuing advisory notices to draw people’s attention to the fact charges are resuming/have been reinstated. (DELETE AS APPROPRIATE) Please ensure you pay the appropriate fee for parking in this location on future visits. We do not wish to need to take enforcement action at this time, but we have a responsibility to ensure parking is managed and that spaces are available for those who need them. Parking charges are important for demand management and to ensure that the council can continue to provide this valuable service. If your vehicle is found to be parked here again without having paid, you may be issued with a Penalty Charge Notice. Thank you for your assistance and cooperation.

(name of council) Parking Services.

If you need help with finding somewhere to park please: (use one or both of the following & adapt if necessary): contact us at (e-mail/phone number) and we will do our best to direct you to somewhere safe and convenient. visit our website parking pages where you will find information about available places to park and special permit schemes in operation www.xxxx.co.uk

Appendix C – Example Re-Engagement Letter Post Charge Certificate Based Upon One Used By Derby City Council

PENALTY CHARGE NOTICE NUMBER: «Notice_Number» DATE OF ISSUE: «Notice_Contravention_Date» VEHICLE REGISTRATION NUMBER: «Notice_VRM» LOCATION OF CONTRAVENTION: «Notice_Issue_Location» Firstly, we hope you are keeping well and staying safe during this exceptionally challenging time. As a result of the COVID 19 situation, the Council have taken the decision to write to customers who have outstanding Penalty Charge Notices with an offer to help them during this period of uncertainty. Our records show that you currently have the above outstanding Penalty Charge Notice (PCN). In light of this difficult situation, we are offering the following options to you with regards to making payment;

Option 1) Pay the reduced amount Ordinarily the reduced amount can only be paid within 14 days of receiving the PCN. Given the exceptional circumstances we are faced with, the Council is willing to reduce all PCNs which are not with the Enforcement Agents back to the reduced amount to help. Option 2) Promise to pay If you cannot afford to pay what you owe at this moment in time but you know you will be able to within the next 28 days, you can request to pay on a certain date. Please provide the date by which you will be able to make your payment and we will contact you on that date to take payment. Option 3) Putting your case on hold

If you cannot afford to pay at all during this current period, please let us know so we can discuss this further with you. Option 4) If your case is already with the enforcement agents

Please e-mail us with your position and proposal about settling the debt and the Council will consider reducing the amount owed to reduce the financial burden on you. If you already have an arrangement with the enforcement agents, you should keep that arrangement up to date to prevent the possibility of further action. If you are unable to keep up with your arrangement with the enforcement agents, please contact them directly. If you want to take advantage of any of these options please send an email to xxxxx@xxxx.gov.uk with your vehicle details and your PCN reference number and state which option you would like to take. You will then receive a response from us when we have processed your request.

Yours sincerely Parking Services Team

Appendix D. Example warning notice carrier:

Appendix E. Front Line Risk Assessment Framework

Front Line Operations – Risk Assessment Framework This framework has been produced to help BPA members address the risks which may be involved relating to social distancing and reducing the risk of virus transmission for front line operations. It has not been laid out in the form of a risk register as it is recognised that members have their own company template for risk registers. The framework provides information and considerations members can use whilst completing their own risk assessments. How to use the framework:

1. Use the list in the hazards column to help you identify those which apply to your organisation and processes

2. Estimate the likelihood of risk arising from the hazards you have identified 3. Estimate the potential exposure 4. Use the list in the control measures column to help you determine the measures you will implement and

assess the level to which they will reduce the risks. 5. Use the contents of the implications column to help you to implement control measures

Hazard Control Measures Implications

Infected workers spreading Covid- 19

Temperature checks at start of shifts Implement and enforce policy for self isolation of staff https://gov.wales/self-isolation-stay-home-guidance-households-possible-coronavirus

Consider infra red thermometer for checks upon arrival at base. Individual thermometers for remote workers and requirement to check temperature before each shift.

Officers working from base may be subject to infection transmission whilst within the office environment.

Implement where appropriate, Government guidelines for Office working. https://gov.wales/workplace-guidance-employers-and-employees-covid19 Create staggered start and finish times where possible. Stagger all breaks Insist on regular hand washing/sanitising and cleaning of surfaces and equipment. Provide necessary cleaning and washing facilities and ensure this message is reinforced through posters and notices in all work environments.

Ensure all staff are briefed regarding Government guidelines. Provision of hand washing facilities and sanitiser Provision of cleaning materials.

Cross infection from shared equipment used by

Provide personal issue equipment. If not personal issue, ensure equipment is cleaned with

Requirement for additional equipment

staff anti-bacterial agent before and after use.

Provision of cleaning materials.

Travel in vehicles whilst at work and travel to work

Implement where appropriate, Government guidelines for Vehicles. https://gov.wales/workplace-guidance-employers-and-employees-covid19 Anti-bacterial wipes or cleaning materials to be provided in vehicles. Staff are required to wipe clean the surfaces in the vehicles at the start and end of their driving duties. Sole occupancy of vehicles recommended. With multiple occupancy, max 2 people, if rear seating available, seat one in the rear diagonally opposite the driver to maximise distancing, all occupants must wear masks throughout the journey. Also consider the following: Occupants face forward if both in the front seats Windows kept open Try to rota so the same pairs are sharing vehicles on each shift Dashboard signage to remind of rules Consider supplying masks for use on public transport for travel to and from work

Ensure all staff are briefed regarding Government guidelines. Provision of cleaning materials. Provision of masks

Staff exposed to possible infection whilst dealing with members of the public

Adhere to government guidelines on social distancing and hygiene. Provision of PPE to staff to include face covering, hand sanitiser, gloves and eye protection. Review Government guidance on use of PPE https://gov.wales/coronavirus-and-personal-protective-equipment-ppe Provide masks for any front line staff working within or close to hospital sites

Consider issuing staff with “distance reminder badges”. Training of staff in the use of equipment and in particular the proper fitting of face coverings. Consideration to be given as to type of face covering to be issued. This could be a face mask and face goggles or a full visor. Government guidance at the moment states that face masks are more for the protection of others rather than the wearer.

Threat to staff from confrontational situations including abuse and assault(spitting or coughing at close range with coronavirus threats)

Ensure staff are trained on how to be aware of and how to diffuse escalating situations. Provision of PPE to staff to include face covering, hand sanitiser, gloves and eye protection. Review Government guidance on use of PPE https://gov.wales/coronavirus-and-personal-protective-equipment-ppe Use of radio or other communication device to call for assistance if required.

Consideration to be given as to type of face covering to be issued. This could be a face mask and face goggles or a full visor. Government guidance at the moment states that face masks are more for the protection of others rather than the wearer and offer little protection from close range spit or cough attacks.

Try to ensure police support / good police relations / coms If situation arises where PCN cannot be issued safely, back off and do not issue or, as an alternative and where permissible, issue Regulation 10 PCN where issue process had started. Consider the supply of Bodycams to staff to act as a deterrent and also to provide evidence of any criminal act. Consider the use of and explicit display of Spit Kits to staff to act as a deterrent and also to provide evidence of any criminal act.

It is recommended that for this particular risk, full visors or at least eye goggles and a mask be worn. Delivery of conflict management training and training of staff in the use of equipment and in particular the proper fitting of face coverings. Consider issuing staff with “distance reminder badges”. Training of staff in the use of bodycams. Training of staff in the use of Spit Kits.

Exposure to cross infection when coming into contact with pay machines.

Clean equipment with anti-bacterial materials before and after contact.

Issue staff with anti-bacterial cleaning materials and instructions on its use. Provide gloves to be worn during cleaning and advise on safe disposal after use.

Exposure to cross infection when using public toilet facilities

Clean touch parts within the facility with anti-bacterial materials before and after use.

Issue staff with anti-bacterial wipes/cleaning materials and instructions on its use. Provide hand sanitiser and recommend using after leaving the toilet facilities

Appendix F. CIVEA Post-lockdown Support Plan COVID19 Pre Visit Letter and Vulnerability Identification Phase All enforcement visits were suspended by 23 March 2020 at the latest. All other activity, such as issuing of Notices of Enforcement, reminder letters and outbound calls was reduced. CIVEA members fully accept that to simply restart enforcement visits once the Government eases restrictions would not be acceptable. Therefore, prior to recommencing any visits to customers, all CIVEA members will implement a Pre-visit Letter and Vulnerability Identification Phase. This will involve issuing a light touch reconnection letter, which uses a template based on wording provided by CIVEA, plus follow up communication e.g. by text, email, phone where possible. Firms will use the standard form letter unless their council clients require an alteration. The letter seeks to engage consistently with customers to understand how they have been affected by the COVID-19 crisis and respond as appropriate. Each case will be offered support as appropriate, including signposting to the Money Advice Service and debt advice charities. Enforcement visit suspension When enforcement can resume following the lifting of emergency regulations, individuals will be given 30 days’ notice of a visit by an enforcement agent, unless the local authority has specific requirements. This is to provide sufficient opportunity for engagement with customers prior to the attendance of an Enforcement Agent, which could prevent additional fees being added to the outstanding debt Training All enforcement agents will be required to undertake additional, mandatory CIVEA-approved training prior to any recommencement of visits. The newly-designed training programme will include: the effective use of protective equipment and social distancing requirements, how to protect themselves and those that they encounter in the community. This will be supplemented by refresher training on supporting the vulnerable and recognising mental health issues. Pre-visit Assessment Where a telephone number has been sourced and if appropriate to do so, CIVEA members will make outbound calls in advance of enforcement visits to identify any vulnerabilities or changes in circumstances. Post-lockdown visits

Enforcement visits will restart after the government lockdown restrictions that cover such activity are lifted. • Agents will receive refresher training on how to identify any vulnerabilities or changes in circumstances. • Visits will be contactless in line with CIVEA safe working practices guidance • Enforcement agents will not enter premises to take control of goods • Where appropriate vulnerable people or those who have been severely impacted financially by the pandemic, e.g. loss of job, Statutory Sick Pay, will be referred to debt advice agencies for additional support. • In these circumstances, the case will be placed on hold to be monitored, with contact by welfare staff, as appropriate, prior to proceeding. The fees incurred will remain in place. • Vulnerable people will be referred to their creditor for additional support, where appropriate. Data collection and recording All CIVEA members will collect and record details of customer vulnerabilities, in line with data protection requirements e.g. customer consent, and develop support plans that reflect CIVEA’s guidance on assessing the impact of COVID-19 on households. Provision of protective equipment The majority of enforcement payments are made by telephone before an enforcement agent is required to visit or after a letter has been left. When visits are necessary, CIVEA will work with members to source sufficient workwear and hygiene supplies to protect and reassure staff and members of the public. Enforcement agents will practice social distancing, comply with enhanced hygiene techniques (including disinfecting their kit) and be issued with hand sanitizer.