Policing of Residents' Parking Zones.

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (04/04/08) regarding: Policing of Residents' Parking Zones.

Decision Reference: MD-T-2008-0022
Decision Summary Title :	Policing of Residents’ Parking Zones		Date of Decision Summary:	19 March 2008
Decision Summary Author:	Caroline Anderson Director of Transport		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Policing of Residents’ Parking Zones		Date of Written Report:	19 March 2008
Written Report Author:	Caroline Anderson Director of Transport		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: A proposal to allow individual Parishes to police their own Residents’ Parking Zones (RPZs).
Decision(s): The Minister: approved that the Parking Control Section will no longer police current or future RPZs with effect from the date that the Cheapside RPZ is implemented; and agreed to advise other Parishes, should they be considering implementing RPZs, that the policing of these areas will be their responsibility
Reason(s) for Decision: As RPZs are exclusively for the benefit and use of the residents in an area, the cost of policing these schemes should be borne by the ratepayer and not the Car Park Trading Fund (through scratchcard / season ticket income or off street Excess Charge Notices).
Resource Implications: There will be a reduced requirement for a post within Parking Control which will translate into a cost saving.
Action required: Advise the Constable of St Helier that the Parking Control section will no longer police RPZs in the Parish with effect from the implementation of the Cheapside zone. If other Constables are considering implementing RPZs in their Parishes, to advise them that the policing of any future RPZs will be their responsibility.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Policing of Residents' Parking Zones.

TRANSPORT & TECHNICAL SERVICES

POLICING OF RESIDENTS’ PARKING ZONES

Purpose of the Report

To seek the Minister’s approval to a proposal to allow individual Parishes to police their own Residents’ Parking Zones (RPZs).

Background

When the Parish of St Helier implemented the first RPZ in the Stopford Road area, the then Public Services Committee (PSC) insisted it should be a self-financing scheme, taking into account the cost of policing the zone, and set the annual charge at about £300. The Parish disagreed with the price of the permit and wanted a far lower annual charge and the PSC agreed that, if the Parish took over the administration of the scheme, it could receive the income and set the fee. However, there was an agreement (set out in a Memorandum of Understanding) that TTS would charge the Parish the cost for the Parking Control Section to police the area as the beneficiaries of this scheme are ratepayers and not taxpayers – once areas are designated as RPZs, they become for the exclusive use of residents and not the public at large.

As far as the Stopford Road scheme was concerned, a formula was eventually agreed between TTS and the Parish that offset the policing costs against the estimated increased income from scratchcards as the area was previously mostly disc parking at no cost to the parker or income to the Car Park Trading Fund. The additional income almost equalled the cost of policing so no charge is now levied or paid. There is no such increased income from the proposed Cheapside scheme as no additional scratchcard places have been created.

For information, the Parish do not contribute towards the policing costs of any of their roads – whether RPZ or otherwise. Furthermore, the Car Park Trading Fund only receives the fines from Excess Charge Notices issued in off street car parks. So the Car Park Trading Fund pays for policing on-street but receives no contribution from the parish or fine income from notices issued.

Comments

Many discussions have been held with the Parish of St Helier in an effort to agree the way forward in regard to covering the cost of policing these zones. However, the Parish will not agree to contribute towards this cost and have now recruited staff whose job includes enforcing parking regulations within RPZs. This has led to some ambiguity and tension over the respective roles of these two groups of staff which needs to be resolved.

As the provision of RPZs exclusively benefits ratepayers who do not contribute towards the Car Park Trading Fund, out of which the Parking Control staff are funded, it would seem appropriate that the cost of policing is funded by the ratepayer. If the Parish will not pay directly for this facility, policing by Parking Control staff should be withdrawn from these areas.

If RPZs are no longer policed by Parking Control, there will be a reduced manpower requirement within that section. However, there are currently a number of vacancies so there will not be a direct impact on current staff. This could become an industrial relations issue as it represents a reduction in manual worker posts, but the staff are aware that this has been a possibility.

Recommendations

The Minister is recommended to:

approve that the Parking Control Section will no longer police current or future RPZs with effect from the date that the Cheapside RPZ is implemented; and
advise other Parishes, should they be considering implementing RPZs, that the policing of these areas will be their responsibility.

Reasons for Recommendations

As RPZs are exclusively for the benefit and use of the residents in an area, the cost of policing these schemes should be borne by the ratepayer and not the Car Park Trading Fund (through scratchcard / season ticket income or off street Excess Charge Notices).

Actions Required

Advise the Constable of St Helier that the Parking Control section will no longer police RPZs in the Parish with effect from the implementation of the Cheapside zone.
If other Constables are considering implementing RPZs in their Parishes, to advise them that the policing of any future RPZs will be their responsibility.

Resource Implications

There will be a reduced requirement for a post within Parking Control which will translate into a cost saving.

Written by:	Caroline Anderson

Approved by:	John Richardson