Local authority news Moving traffic enforcement goes live Since 31 May, BPA local authority members have been applying for moving traffic enforcement (MTE) powers under Part 6 of the Traffic Management Act 2004. They include Hampshire County Council, Bath & North East Somerset Council, and Derby City Council. Marc Samways, highway manager safer roads and parking at Hampshire County Council, said: We see the new legislation as key to making our highway network safer by improving compliance to vital highway restrictions. MTE will also help us to reduce congestion at key junctions as well as improving bus journey reliability. Rob Shoebridge, group manager traffic and transportation at Derby City Council said: We have examined historical data and this has led to us initially proposing to use the powers at four trial locations and enforcement will take place using an approved device. The registered keeper of a vehicle will receive a warning notice in the first instance to help educate drivers as to their responsibilities. This approach will be vital in ensuring the transition of powers from the police to the council is not perceived in a negative manner. We hope to be able to assist other councils by adopting the powers early and, in time, seek to broaden our commercial partnership offering, making full use of our digital enforcement assets and expertise. For more information on applying for MTE powers, see page 39. Stopping Blue Badge fraud Portsmouth City Council has been awarded costs from two cases involving Blue Badge misuse that its enforcement team brought to court. Barry Morse from Buckinghamshire, was confronted in April 2021 by one of the councils civil enforcement officers, who suspected he was misusing a Blue Badge. When the named holder his mother, Sharon was called, she claimed she had left the car in Portsmouth after being taken ill and her son had come to collect it for her. The officer retained the badge and issued a penalty charge notice, which Sharon Morse later appealed against. However, contrary to her claim, CCTV showed two men had left the car on Friday 23 April 2021, and then returned to the vehicle the following day. At Portsmouth Magistrates Court, Sharon Morse admitted two counts of fraud by false representation. She was fined 274 and told to pay 689 costs to Portsmouth City Council. Barry Morse admitted using his mothers badge and was fined 190 and ordered to pay 190 costs. In another case, a student was ordered to pay 2,500 after being found guilty of using a stolen Blue Badge. In September 2020, Chima Asadu from Southsea, was caught using a badge that had been stolen from a car in London. Asadu was given a penalty charge notice and his car impounded. Asadu then contacted the councils civil enforcement team claiming he had found the badge on the street, but had not taken it to the council offices because he was concered about catching Covid-19 and that he had a fear of uniformed officers. However, he eventually admitted buying the badge for 20 from a man in Croydon to get free parking. Portsmouth Magistrates Court gave Asadu a two-year conditional discharge and told him to pay 2,500 costs to the council after he admitted fraudulently using a stolen and invalid badge. This is the first time I have ever faced an Abuse of Process argument from the defendant, which the courts dismissed, said Stephen Goodall, senior criminal investigations officer at Portsmouth City Council. Its a great outcome to the case as well, which has helped bring closure to the victim of the original crime. Felicity Tidbury, acting assistant director for transport for Portsmouth City Council, said: It is disappointing that we need to continue tackling Blue Badge misuse by people that dont need them. We will continue to take action like this against anyone misusing a Blue Badge. Portsmouth City Council provides training and guidance on Blue Badge enforcement and prosecution to other authorities. Contact stephen. goodall@portsmouthcc.gov.uk 12 PN June 2022 pp12-13 LA News.indd 12 24/05/2022 11:35