Friday 8 February 2013

Ensuring Exeter's 20mph zones are enforceable

Dear Andrew

As you are aware, I recently was able to question the new local Inspector for Exeter, Insp Andrew Webber, on the enforcement of the speed limit in 20 mph zones in the city.
 
You heard his response - that he would as and when DCC made the zones enforceable. He confirmed that he would be keen to use his Police Officers and PCSOs on this. He has the personnel, the equipment - what he doesn't have is the legal zones.
 
It was you at the Exeter HATOC meeting on 19 April 2012 that said officers had confirmed that the zones were indeed compliant at that point.
 
I was speaking about the subject of speed enforcement under agenda item 5.
 
At that point I believed that the regulations were covered by the Department of Transport Circular 01/2006.
 
I referenced Paragraph 79 which refers to Direction 16(1) of The Traffic Signs Regulations and General Directions [TSRGD] 2002 which requires that no point within the zone must be further than 50m from a traffic calming feature.
 
I was in the process of citing that Barley Lane didn't meet these conditions when you stopped me in mid-flow and informed me that this was now covered by a new set of guidelines from DfT.
 
The inference was that if a 20 mph zone contained at least one piece of physical speed calming, then the speed limit in the zone was enforceable.
I believe this relates to new guidance contained within Road Traffic Regulation Act 1984 - Sections 64 qnd 65 Speicl Directions signed on authority of the Secretary of State by a Delegated Official in the DfT on 17 October 2011 [GT50/035/0024]
 
It appears to modify the provision of Direction 16(1) of TSRGD 2002 in that yes Paragraph 3 "directs that at least one traffic calming measure as defined in Direction 16(2) of the 2002 Directions shall be placed within the zone.."
 
I believe all our 20 mph zones and limits to have that piece of traffic calming in place.
 
However this is another provision - namely Paragraph 2 which states:
No point on any road (not being a cu-de-sac less than 80m long) to which the speed limited indicated by the [gateway] sign is situated moe than 50m from:
A traffic calming feature as defined in Direction 16(2) of the 2002 Directions; OR 
A sign shown in diagram 670 in Schedule 2 of the 2002 Regulations [namely a 20 mph repeater roundel]; OR 
A sign shown in diagram 1065, when varied to "20",in Schedule 6 to the 2002 Regulations [namely a 20 mph carriageway roundel] 
There is a crucial AND between paragraphs 2 and 3.
 
So, there must be a least one physical calming feature in the zone AND at least 20 mph repeaters/carriageway roundel no futher than 50m from any point in the zone [apart from any cul-de-sacs less than 80m long]. It is this second provision that is missing.
 
Thus Insp Webber is correct in his assertion that many - if not all - zones in Exeter are not compliant with current legislation and guidance.Until they are legal we cannot expect Insp Webber and his offices to enforce the 20 mph speed limit.
 
So this flies in the face of an comment made by you as Chair of Exeter HATOC to Cll Macdonald to the effect that "Exeter is alreadya 20 mph city".
 
It is certainly not, and I would like a report on the issue to come to the next Exeter HATOC under Standing Order 23 (2)
 
This report should contain:
a clear and concise guide to the legislation as it currently stands 
which 20 mph zones within Exeter - if any - are legally compliant 
what steps, including the financial implications, are to be taken to ensure our 20 mph zone are legally enforceable 
the timescale for this
 
It would seem to me that Insp Webber should be invited to the next meeting so that all members of exeter HATOC can hear his thoughts on the matter 
 
As it stands in Cowick, I have managed to have the Speed Indication Device deployed to monitor the speeds long Barley Road, and SID has show the average speed in this 20 mph zone is 24 mph with 15% of vehicles travelling at speeds in excess of 30 mph.
 
I would like to think the20 mph zone in Cowick would be enforceable as soon as possible.
 
In the meanwhile could I be given copies of all the relevant TRO relating to 20 mph zones within the city?
 
Many thanks
Paul Bull
=========================================== 
Cllr Paul Bull 
Labour and Co-operative City Councillor for Cowick 
5 Cranbrook Road 
EXETER EX2 5HG 
(01392) 275886