SPARKS Project

Nick LesterDirector of Transport,

Environment & PlanningLondon Councils

What is SPARKS Project?

• Programme created by London’s Enforcement Task Force– London Councils– Transport for London– Metropolitan and City of London Police– DVLA– Department for Transport– British Parking Association

European Partners

• VNG (Netherlands)

• VVSG (Belgium)

• Local Councils Association (Malta)

• Aragon & Valencia Regions (Spain)

• Lazio Region (Italy)

• PSI GmbH (Germany)

+ Legal Research Partners

• Lawyers from• UK• France• Germany• Italy• Netherlands

Objective of SPARKS

To enable the civil enforcement of

traffic regulations

to be equally effective

against all vehicles

irrespective of nationality

Civil Enforcement?

• Local Authority traffic law enforcement on a civil basis includes:– Parking and stopping

regulation– One way streets– Box junctions– Weight and size limits– Other moving traffic

regulations– Congestion charging

Why Civil Enforcement?

• Enforcement of traffic regulations an essential tool of managing London’s road network since 1993

• Civil traffic enforcement in London now 8 times the volume of all police traffic enforcement in the UK

Why SPARKS and Civil Traffic Enforcement?

• Civil Enforcement very effective, with significant improvement in compliance

but

• Foreign registered vehicles now a significant problem, causing process to fail.

Process works for UK Registered vehicles

Problems in two areas

Process is blocked for non-UK Registered vehicles

Foreign Registered Vehicles

• Foreign Registered Vehicles represent:– 2% of all traffic entering central London– 5% of all traffic penalties issued (350,000 penalties a

year in London)– Re-offending is twice as likely by FRV’s

A Growing Problem

• Increased tourism and trade within Europe• Increase in migration within EU• Increase in purchase of FRVs by UK

residents• Increase in illegal activities in connection

with FRVs• Increasing reliance on camera based

enforcement• 2012 Olympics a particular focus

FRV immunity

• All civil enforcement is owner liability

• FRVs are effectively immune because:– Limited access to foreign keeper databases

• DVLA has no powers to receive (or send) owner data

– No enforcement mechanism outside UK• Council Framework Decision on financial penalties

(COPEN 24) is criminal only• Civil & commercial remedies (e.g. European

Enforcement Order) not for administrative law

Not just a UK problem

• Netherlands, Belgium, Malta– Similar problems for parking enforcement

• Other European countries moving to civil parking and traffic enforcement– Traffic management not a police priority

• EETS and electronic toll collection• Congestion and road user charging (“Demand

Management” policies)

• Low emission zones (Utrecht, Copenhagen, Berlin)

Aims of SPARKS Project - 1

• Automated access to vehicle owner databases throughout Europe– Support the ‘hub and

spoke’ principle– Vehicle registries to act as

gatekeepers– Access by public

authorities only– National legislation

changes needed

Aims of SPARKS Project - 2

• Pan Europe enforcement mechanism– Based on European

Enforcement Order process (COPEN 24 ineffectual)

– EU action and national legislation needed

Eurosparks: a comprehensive analysis of how to deliver legal changes

Your Support

Ensure that the needs of civil traffic

enforcement considered equally

with criminal traffic enforcement

in data exchange matters

More information or want to help?

Get the video !

Email:

info@sparksproject.org

Or see:

www.sparksproject.org

www.eurosparks.org