Legal The shift to EV In the November 2022 issue of Parking News*, BPA Lawline covered the numerous challenges facing the implementation of electric vehicle (EV) legislation and the need for a robust enforcement regime for EV charging bays. Derek Millard-Smith and James Harvey give an update on this rapidly expanding area he government continues to implement funding for EV charging bays. In England, more than 70 local authorities were invited to apply for Local Electric Vehicle Infrastructure (Levi) funding before the expressions of interest deadline on 26 May 2023. This funding will probably significantly increase the EV charging offer from local authorities. Grant schemes will also be available for private landlords, who can apply for either 350 or 75 per cent off the cost to buy and install a charging socket. Theres the possibility of commercial landlords being able to get up to 100 grants each financial year. With the advent of such funding, the infrastructure available to EV users is increasing significantly. In tandem with this, the rise in charging bays creates a clear need to enforce against misuse, and the challenge is how to effectively regulate the use of such bays. T Key considerations On-street EV bays will reduce available parking for non-EVs and parking managers will need to ensure motorists are aware of the rules around EV bay use. Clear messaging and appropriate management are needed to ensure that penalty charge notices are enforceable and effectively deter misuse. Challenges also lie ahead for local authorities and private operators in ensuring off-street EV charging bays are not blocked by non-EVs or taken advantage of by EV motorists to gain cheaper parking, or to avoid a fee altogether. A management solution is needed to continue offering a good service to landowner clients and ensure the compliant EV motorist has access to the bays when needed. The first consideration is to ensure signage makes it clear to motorists what the EV bays are used for, and that any abuse will be enforced in line with the usual consequences for breaches of the terms and conditions. The adaptation of the signage should include clear terms stating that use of an EV bay is for charging an EV and that the bay needs to be vacated once charging is complete, as well as not being used by non-EVs. The enforcement regime will need to incorporate a period enabling motorists to consider the terms and conditions of using the bay, and allow them to leave if they are unwilling to be bound by those terms or if they decide not to charge their vehicle. The consideration period would The increase in EV charging bays creates a clear need to enforce against misuse, and the challenge is how to effectively regulate the use of such bays cease once a motorist begins a charging session. A reasonable grace period must be given once charging is complete, to allow the motorist to return to the vehicle and exit the bay. Operators will also need to factor in situations where problems to the charging infrastructure occur that could increase charging times. 34 PN June 2023 pp34-35 Legal.indd 34 23/05/2023 15:52