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18 Jan 2010 : Column 77W—continued
4. Traffic Commissioners are appointed by the Secretary of State for Transport.
They have the power to impose administrative penalties under section 155 of the Transport Act 2000 (which has been amended by the Local Transport Act 2008). Section 155 enables the Commissioners to impose financial sanctions of up to £550 per vehicle operated under a Public Service Vehicle operator's licence. The recent amendments made by the 2008 Act also enable the Commissioners to require operators to pay compensation to passengers affected by poorly operated services, or to require operators to spend money either on specific services or facilities, or on improvements to such services or facilities. Section 155 extends to England and Wales. There is an equivalent provision in relation to Scotland contained in section 39 of the Transport (Scotland) Act 2001 (sums recovered are paid to the Scottish Ministers). Section 39 has not, however, been amended in the same way as section 155 was by the 2008 Act.
Under section 111 of the Transport Act 1985 (as amended by section 158 of the Transport Act 2000), Traffic Commissioners could require the operator of unregistered or unreliable local services to repay up to 20 per cent. of a bus fuel duty grant. Section 111 was repealed with effect from 2002.
The following table sets out the penalties imposed under the section 39, the section 111 and the section 155 powers (taken together; in some cases the amounts have been estimated).
| Penalties imposed (£) | |
5. The British Transport Police Authority ("BTPA") is an NDPB of the Department for Transport. A constable of the British Transport Police Force ("BTP Force", being the police force that the BTPA maintains and oversees) has power to issue penalty notices. The principal powers are:
(a) Section 2 of the Criminal Justice and Police Act 2001, under which a constable of the BTP Force may issue penalty notices in respect of the disorderly behaviour offences listed in section 1 of that Act. An example of such an offence is trespassing on a railway (under section 55 of the British Transport Commission Act 1949).
Section 2 of the Criminal Justice and Police Act 2001 extends to England and Wales, but not to Scotland.
(b) Sections 54, 62 and 75 of the Road Traffic Offenders Act 1988, under which a constable of the BTP Force has power to issue fixed penalties in respect of certain road traffic offences. An example of such an offence is failure to stop a vehicle upon being so required by a constable in uniform (under section 163 of the Road Traffic Act 1988).
(c) Section 129 of the Anti-social Behaviour etc. (Scotland) Act 2004, under which a constable of the BTP Force in Scotland has power (since 1 April 2009) to issue fixed penalty notices in respect of the antisocial behaviour offences specified in section 128 of that Act. An example of such an offence is vandalism (under section 52(1) of the Criminal Law (Consolidation) (Scotland) Act 1995).
From 2006 (when constables of the BTP Force started issuing fixed penalties in England and Wales) to 2009, the following amounts have been recovered by way of payment for fixed penalties in England and Wales:
| Penalty income (£) | |
In the time available, it has been possible to obtain payment figures only for England and Wales.
6. Section 129 of the Energy Act 2004 allows certain provisions of that Act which are relevant to renewable fuels to be "designate" by Order, and then for civil penalties to be imposed by the Renewable Fuels Agency
(an NDPB of the Department for Transport) in respect of non-compliance with those designated provisions. Article 23 of the Renewable Transport Fuels Obligation Order 2007 details the designated provisions in question.
The civil penalty mechanism has not been used and so no sums have been paid.
Departmental Food
Mr. Paice: To ask the Minister of State, Department for Transport what estimate he has made of the quantity of food waste generated by his Department in each year for which figures are available. [310817]
Chris Mole: Within the Department for Transport, on-site catering services are only available at the Department's main headquarters building in London, the Driver and Vehicle Licensing Agency (DVLA) sites in Swansea, the Driving Standards Agency (DSA) Training and Development centre in Cardington (Bedfordshire) and the Vehicle and Operator Services Agency (VOSA) HQ in Bristol.
The requested information is not recorded at our main headquarters building in London nor is it recorded at the DVLA or at VOSA.
Since July 2009, all food waste at the DSA Training and Development Centre in Cardington has been sent for recycling by anaerobic digestion and then converted into energy. Between July 2009 to December 2009, 3.76 tonnes of food waste has been recycled.
Departmental Public Expenditure
Robert Neill: To ask the Minister of State, Department for Transport with reference to the answer of 29 October 2009, Official Report, column 495W, on departmental public expenditure, how much funding is being transferred from his Department's budgets to the Department for Communities and Local Government; and from which of his Department's budgets that funding will be transferred. [308660]
Chris Mole: The Department for Transport has transferred £350 million from its capital budget for 2009-10, to the Department for Communities and Local Government. Of this, £300 million was made available from the release of rail fiscal stimulus funding with the remaining £50 million coming from the Departmental Unallocated Provision.
Driving: Safety
Bob Russell: To ask the Minister of State, Department for Transport (1) what consideration he has given to the effects on (a) road safety and (b) operational efficiency of the displacement of commercial vehicles from motorway service areas whose drivers are required by the terms of their operators licence to take breaks of in excess of two hours in driving; and if he will make a statement; [310614]
(2) if he will investigate the effects on the drivers of commercial vehicles who are required by the terms of their operator's licence to take a break of in excess of two hours of motor service areas restrictions on parking for more than two hours; and if he will make a statement. [310619]
Chris Mole: Motorway service areas are required, as outlined in the Government's Policy on Roadside Facilities on Motorways and All-Purpose Trunk Roads (DFT circular January 2008), to provide free parking for up to two hours for all types of vehicle. This allows drivers of commercial vehicles to comply with the break requirements in the EU drivers' hours rules which were introduced to support road safety. After two hours, operators are permitted to charge for parking.
The Government plan, as part of their strategy for lorry parking provision in England, to undertake a formal review of the whole policy, which will include its role in contributing to road safety and operational efficiency.
Bob Russell: To ask the Minister of State, Department for Transport (1) when he last had discussions with (a) representatives of road safety organisations and (b) motoring organisations representing drivers of (i) private cars and (ii) commercial operators regarding drivers on long journeys on motorways taking a break; and if he will make a statement; [310615]
(2) what his policy is on encouraging drivers of all categories of vehicles to take breaks while on long journeys; and if he will make a statement. [310617]
Paul Clark: The Department for Transport meets and consults with road safety and motoring organisations to discuss a range of motoring related issues from time to time. It was a member of a recent sub-group on fatigue issues of the Health and Safety Executive's Road Death Action Group which met with the industry and trade unions to agree best practice and advice to employers.
The Department's policy is to encourage drivers to plan their journeys to include breaks every two hours or so. Advice is contained in rule 91 of the current Highway Code, which is available online. The Department's THINK! Road Safety and Driving for Better Business campaigns also provide advice on driver sleepiness. These are online at:
Bob Russell: To ask the Minister of State, Department for Transport if he will make it his policy to erect 'tiredness kills, take a break' signs on trunk roads in the vicinity of service areas; and if he will make a statement. [310616]
Chris Mole: The Highways Agency does authorise the use of signs with the legend 'Tiredness can kill Take a break' to raise driver awareness of the need, on a long journey, for drivers to stop at a service area for a break in their journey. There is no evidence to prove that this type of sign, if installed in advance of every service area, would generate significant road safety improvements. They are placed on motorways and dual carriageway trunk roads where there is a very considerable distance between service areas or where there is a known problem of driver fatigue.
Mr. Chope: To ask the Minister of State, Department for Transport if he will extend the derogation on drivers' hours for the delivery of home heating fuels beyond 18 January 2010. [311307]
Paul Clark: On 15 January a further extension to the relaxation of the enforcement of the EU drivers' hours rules was granted for the distribution of gas/oil and liquid petroleum gas. The relaxation runs until 23.59 on 25 January 2010.
Local Government: Parking
Mr. Lancaster: To ask the Minister of State, Department for Transport what guidelines his Department has issued on the setting of council car park charges since 1997. [310772]
Mr. Khan: The Department for Transport's Operational Guidance to Local Authorities on Parking Policy and Enforcement states that the setting of charges for parking on-street or off-street in designated areas is a matter for the authority in accordance with the provisions of the Road Traffic Regulation Act (RTRA) 1984. The Secretary of State recommends that authorities set charges at levels which are consistent with the aims of the authority's transport strategy, including its road safety and traffic management strategies.
The Operational Guidance makes clear that authorities should never use parking charges just to raise revenue or as a local tax. Where there is surplus income local authorities must ensure that any on-street revenue is used according to the provisions of section 55 of the RTRA.
Motorways: Road Traffic
Mrs. Villiers: To ask the Minister of State, Department for Transport with reference to the answer to the right hon. Member for East Yorkshire of 23 June 2009, Official Report, column 768W, on motorways, what assessment he has made of the effects on the level of motorway congestion of the DAB radio service Traffic Radio since its introduction. [309477]
Chris Mole: Traffic Radio is one of a suite of Highways Agency information services designed to provide road users with access to the very latest traffic information.
Research has shown that awareness and usage of information services can influence levels of motorway congestion. It is not possible to directly correlate the impact of Traffic Radio to motorway congestion due to the complexity of assessing one information service in isolation from the others. In addition, information is only one of a series of measures that can contribute towards congestion reduction.
The Highways Agency is undertaking a piece of research to evaluate whether the anticipated benefits of Traffic Radio, as outlined in its original specification, have been realised. This work is due to be completed by April 2010 and will be supplemented by information from the agency's annual Measuring Improvements in Network Information Services survey.
Parking
Norman Baker: To ask the Minister of State, Department for Transport for what reason powers to ban pavement parking outside London were not included in the revised civil enforcement powers introduced in 2009. [311206]
Mr. Khan: Local authorities outside London already have powers to prohibit parking on the footway where they consider this to be a problem, using Traffic Regulation Orders and appropriate traffic signs. They are also able to use physical measures such as high kerbs or bollards, which are self-enforcing and effective.
There are no powers in primary legislation for the Secretary of State to make regulations that would enable local authorities to ban parking on the footway without a Traffic Regulation Order.
Passenger Ships: Liverpool
Mr. Brazier: To ask the Minister of State, Department for Transport pursuant to the written ministerial statement of 16 December 2009, Official Report, column 142WS, on Liverpool Cruise Terminal, whether he has received a further application from Liverpool City Council for change of use linked to repayment of (a) grant funding from the European Regional Development Fund and (b) funding from the Northwest Regional Development Agency. [309982]
Paul Clark: No. This would primarily be a matter for the Government Office North West which authorised the European regional development fund grant and the Northwest Regional Development Agency.
If repayments were made such that the Liverpool Cruise Terminal could no longer be regarded as having relied on public subsidy there would be no barrier to the proposed change of use on grounds of state aid, ports competition or harbour regulations.
Railways: Bus Services
Norman Baker: To ask the Minister of State, Department for Transport when the bus rail replacement service between Ealing Broadway and Wandsworth Road first began operation; how much it has cost to date; and whether it is still running. [311207]
Chris Mole: The rail replacement bus service between Ealing Broadway and Wandsworth Road first started operation in December 2008 following timetable changes by Cross Country. The service costs approximately £2,000 per month.
It is planned that the service will cease in spring this year when Southern will commence operation of a service between Ealing Broadway and Wandsworth Road.
Roads: Police
Mrs. Villiers: To ask the Minister of State, Department for Transport what evaluation his Department has made of the effects of the joint Home Office/Department for Transport/Association of Chief Police Officers strategy on roads policing published in January 2005; and if he will make a statement. [309528]
Paul Clark: The Department for Transport has not made any formal evaluation of the effects of the joint Roads Policing Strategy. However, the strategy provides a useful framework for our close cooperation with the Home Office and the Association of Chief Police Officers towards the goal of making our roads safer for all road users.
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