
Legal Different directions Fine levels up or down which government department has got it right? BPA Lawlines Derek Millard-Smith and Patrick Boyers examine the issues arlier this year, Transport for London (TfL) announced an increase in the level of fines for motorists who fail to adhere to the rules on its road network from 130 to 160, implemented from 17 January. Before taking this decision, TfL ran a consultation on the rise, available online, that stated: We believe it is important that the level of a PCN [penalty charge notice], for contraventions on the red route network, must remain an effective deterrent. A higher PCN level is anticipated to be a more effective deterrent that will, over time, lead to a reduced level of contraventions. On 22 June 2022, TfL announced that it had been successful in acquiring powers to issue high fines from 27 June to motorists whose vehicles cross or drive within the white lines of a cycle lane. It is understood that these fines are currently issued using CCTV cameras at key locations. According to TfL, this is part of a wider set of national changes aimed at giving local authorities more power to enforce moving traffic contraventions. E Not just London This trend in fine increases is not something limited to London. Transport Scotland ran a consultation from 4 August to 4 October 2021 on whether to raise the level of the PCN for local authority parking enforcement. In his foreword to that consultation, Graeme Dey, Scottish Minister for Transport, wrote: For enforcement to be effective, penalty charges for parking in breach of the prohibitions need to be set at an appropriate level. This is why the Scottish government is seeking your views on proposals that relate to the governments existing guidance on penalty charge levels and the amount of penalty charge for the new parking prohibitions which, in the future, will be set out in regulations. These are messages that the parking sector have been broadcasting 22 PN Sept 2022 pp22-23 Legal.indd 22 22/08/2022 09:24