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Kent Police can still fine drivers for traffic offences, despite KCC getting new powers

15:07, 25 October 2023

Drivers can now be fined for traffic infringements by both the police and Kent County Council.

The local authority is among 12 which is among a raft to get new powers, but some doubt was raised over whether motorists could still be punished by traffic officers.

KCC is planning to enforce Maidstone's town centre bus lane with ANPR cameras
KCC is planning to enforce Maidstone's town centre bus lane with ANPR cameras

Some doubt was raised at the meeting of the Maidstone Joint Transportation Board when councillors were discussing KCC’s plans to install ANPR cameras in the town’s pedestrian and bus-only zone in the High Street and King Street.

In July last year, the government brought in a new law enabling local authorities to assume the power to enforce “moving traffic offences” in addition to the powers they already had to enforce static violations such as illegal parking.

Before then, only London boroughs could do so.

Kent County Council joined local authorities in Bedford, Buckinghamshire, Derby, Durham, Hampshire, Luton, Norfolk, Oxfordshire, Reading and Surrey in being in the first batch of 12 to be granted such powers in August last year.

They can now fine offenders £70 for such violations as incorrectly driving through a bus lane, stopping in a yellow box junction, making a banned right or left turn or illegal U-turn, going the wrong way in a one-way street, or ignoring a traffic regulation order, such as a vehicle weight restriction.

Kent Police can still nab you if you stop in a yellow box
Kent Police can still nab you if you stop in a yellow box

But given that it is more than a year since KCC gained its new powers, there is still no confirmed date for the ANPR cameras to be installed in Maidstone’s High Street and no firm plans to expand them elsewhere in the town, members were worried motorists were effectively being given carte blanche to ignore the rules elsewhere.

Cllr Ian Chittenden (Lib Dem) asked for written clarification, which has now been forthcoming.

Barry Stiff, senior project manager at Kent County Council, said: “There are no powers handed over to KCC from the police. Our civil powers are separate and have been enacted through Parliament.

“Where KCC may carry out camera enforcement in the future, the police could still enforce at the same location and for the same offence, for example, a vehicle going through no entry signs.

“In this case, the police enforce under criminal law which ‘trumps’ KCC’s civil powers.”

The police can still stop offenders
The police can still stop offenders

“The driver would not be liable for two penalties in this scenario, only the police’s Fixed Penalty Notice would be legally servable.

“KCC is liaising closely with Kent Police about any future potential enforcement sites to make sure they are fully engaged with KCC’s intended use of these powers.”

From March this year, ANPR cameras have been used to catch offenders entering a “bus-gate” in the centre of Tunbridge Wells.

Up until July 31, the last date when figures are available, a total of 29,005 drivers had been given a ticket.

A Kent Police spokesman confirmed: “We do still enforce moving traffic offences as appropriate.”

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