THE 12 COUNCILS WITH NEW POWERS TO FINE MOTORISTS REVEALED

Durham and Luton among the first councils in England now allowed to issue fines for moving traffic offences

●       New rules allow local authorities in England outside of London to apply for new powers to enforce moving traffic offences. So far, 14 English councils have requested powers to issue Penalty Charge Notices (PCN) for moving traffic offences since May 2022.

●       Some councils will be able to issue fines between £20 and £105, depending on the offence. This means drivers could rack up more than they bargained for if they’re not aware of the changes.

●       And for drivers who find themselves with an unfair fine, Confused.com’s checklist for challenging a PCN has everything they need to decide if they can appeal or not

●       As the cost-of-living crisis continues to worry millions, almost half of drivers (47%) admit they’re concerned about councils penalising drivers. They think councils are out to make money, rather than improving road safety.

●       Louise Thomas, Confused.com car insurance expert, explains why the changes have happened and what options are available if motorists find themselves with a fine.

New powers given to 12 councils in England mean that motorists could be fined for offences that were once only issued by UK police forces.

Since applications opened in May 2022, 14 councils have applied for powers to issue Penalty Charge Notices (PCN) to drivers who offend in their areas. Durham was the first council to be approved in October 2022, paving the way for other councils who also applied. Luton council soon followed, with their request approved in January of this year. And Oxfordshire has also gained its authority as of February 2023.⁽²⁾

That’s according to information obtained through a new Freedom of Information request by Confused.com. The Department of Transport was asked which councils in England have applied for powers so far. At the moment, applications are only open to those in England, but councils in London and also in Cardiff are exempt. That’s as both have already been able to enforce these rules previously.⁽³⁾

The shift in power means that the 12 councils who’ve been granted permission will now be able to enforce ‘moving traffic offences’. These include:

●       Incorrectly driving in a bus lane

●       Stopping in a yellow box junction

●       Banned right or left turns

●       Illegal U-turns

●       Going the wrong way in a one-way street

●       Ignoring a Traffic Regulation Order

This is a major turning point as these have historically only been the responsibility of the police. Fines for these offences typically cost up to £70 outside London, and up to £130 in London, but are halved if paid within 14 days.⁽⁴⁾ For councils who’ve been granted powers, they can now also issue a PCN. These fines range from £20 for lower level penalties that are paid quickly, up to £105 for late payment of higher level penalties.⁽³⁾

If motorists find themselves with a fine for any of these, they could appeal if they think it’s been issued unfairly or incorrectly. Confused.com’s challenge checklist can help motorists work out what to do if they feel that they need to appeal a PCN.

But it might not come to appeals just yet. That’s as councils are expected to issue warnings before giving a fine. But where can motorists expect these changes across England?

Since the law changed in May 2022, 12 councils have been granted powers. And according to data gathered by Confused.com, each council has requested to monitor the following areas within each council for moving traffic offences:

Council	Start Date	Areas to be monitored
Durham	Oct 2022	1 weight limit bridge
Luton	Jan 2023	Pedestrian zones
Oxfordshire	Feb 2023	School pedestrian-only zones
Reading	Spring 2023	15 yellow box junctions
Hampshire	Spring 2023	School yellow markings at 10 sites
Surrey	May 2023	Yellow box junctions
Kent	Spring/Summer 2023	Multiple sites
Bedford	Summer 2023	Undecided/unspecified
Bath & NE Somerset	No confirmed date as of yet	5 sites, yellow box junctions and left turns

Derby City, Buckinghamshire and Norfolk council have also been granted powers, but it’s not yet known which areas they’ll be monitoring.⁽⁵⁾

Further research by Confused.com reveals that some motorists are concerned about some of the local authorities’ intentions. More than 1 in 4 (28%) say that traffic offences should be left to the police due to their knowledge and experience when dealing with motorists. And almost half (47%) of drivers are worried that councils are using this opportunity to make money, rather than focusing on improving road safety⁽⁶⁾.

But according to the government, the changes aren’t for the purpose of raising revenue. They say that it’s to ensure more drivers are following traffic rules and not breaking the law. And by councils having these newly enforced powers, this could also free up resources for police forces in England.

The research also found that 1 in 5 (20%) drivers have been penalised for a moving traffic offence in the past. And a further 1 in 7 (14%) admit they’ve knowingly committed a moving traffic offence, but have managed to avoid a fine. Nearly 1 in 5 (15%) said they’re more likely to commit a traffic offence at night, when roads are quieter. Another 7% said they’d commit a moving traffic offence if there were no other cars around.

When asked which offences they were most likely to commit, 1 in 5 (20%) would be most likely to stop in a yellow box junction. This is followed by 13% of drivers being most likely to drive in a bus lane. Only 6% said they’d be most likely to drive through a red light.

It’s clear to see that as some drivers admit to committing moving traffic offences, many could be at risk of fines. And with the shift in power from police forces to councils, these offences could be monitored closer than ever before. So it’s important to remember that driving more carefully improves road safety and also avoids extra motoring costs from piling up.

Louise Thomas, Confused.com car insurance expert, comments:

“As councils in England are granted powers to issue fines for moving traffic offences, the hope is that road safety will improve, and police force workloads will be supported.

“But in order to improve road safety, councils will be monitoring moving traffic offences with a close lens. Although it’s expected that councils will give warnings prior to issuing monetary fines, this doesn’t mean that drivers should take the risk and commit offences. Drivers could get a fine of up to £105 for a moving traffic offence.

“Our research found that more than 1 in 4 (26%) motorists are driving more carefully than usual to avoid these fines. While the cost of living is so high, driving safer and being aware of  the latest changes are just some ways to avoid extra costs.

“But, if motorists do face a fine that they think is unfair, our checklist to challenge a fine can help to guide them through the appeals process.”