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Executive Response Road Safety Measures Around Schools

Post Scrutiny - Executive Response

In Respect Of : Review Of Road Safety Measures Around Schools

Date : June 2007

Cabinet Deputy : Councillor Alan Whitehead

Recommendations Accepted Executive Response Officer
Responsible
Action By
(Date)
1. That the implementation of
variable speed zones/signs outside schools be assessed and implemented if road safety and traffic flow would be improved.
Accepted I will arrange for this to be investigated. It may be appropriate to consider in particular on classified routes that a 20mph maximum speed limit be enforced on a road fronting or on a major pedestrian access route to a school during a period when illuminated signs on either approach display this limit .

A legal traffic order to this effect would need to be introduced and camera technology measuring the average speed of vehicles within the zone may be the most appropriate means to enforce such a restriction.

I would therefore propose that the Council via the Engineering department and the Borough Solicitor enter into discussions with the Department for Transport/ Police and appropriate equipment suppliers to determine a way of moving this forward possibly as an experiment. The cost of the signs and camera systems would of course also be a factor in assessing such a proposal.

The presumption would be that when the 20mph limit was not displayed that the maximum permitted speed in an area in question would be 30mph.

Bob James December 2008
2. That the implementation of variable time limited waiting restrictions outside schools be assessed and implemented if road safety and traffic flow would be improved.

Accepted

1. ‘School keep clear’ markings are in force 52 weeks a year and the dates of school holidays vary from year to year also the duration of holidays can vary between primary schools and secondary schools (there are sites where a primary is situated adjacent to a secondary school and are covered by one set of ‘school keep clear’ markings).

2. It is possible that the present three term school year is replaced by a six term school year.

3. Schools are now encouraged to run breakfast clubs, after school clubs, after school activities, summer clubs, and summer school and to encourage parents to use school facilities in the evenings. It may be that the usual 8am – 5pm time limit on ‘school keep clear’ marking orders need be reconsidered and extended to suit extended school opening times.

There are two locations where a ‘morning period’ and ‘afternoon period’ applies, one is where the school is at the bottom of a residential cul-de-sac and without a break residents would be unable to receive deliveries etc. The other is at a pedestrian access to a school away from the main school access.

St. John’s C of E, Dukinfield - No Stopping Monday to Friday 8 am to 10am and 2.30 pm to 5pm

Cannon Burrows C of E, Ashton – No Stopping Monday to Friday 8.00am to 9.30am and 2.30 pm to 4.30pm

Bob James December 2008
3 That all suggestions made by individual schools to encourage pupils to walk, cycle or use public transport as their means of transport to and from school be investigated and considered.
Accepted All suggestions and requests from individual schools to encourage
Sustainable/more environmental modes of travel are investigated by the school travel plan advisor. In many cases these are incorporated into individual School Travel Plans, which via a strategic initiative, are currently in place for 97% of schools and should cover all schools by the end of March 2008.

These are however living documents and approaches by schools to further enhance or develop these plans are welcome.

Bob James December 2008
4. That consideration be given to identifying those who are successfully prosecuted for contravening the Traffic Regulation Orders around schools. Accepted I have taken legal advice in respect of this matter which suggests the following issues should be borne in mind:-

Parking in contravention of a Traffic Regulation Order

Under the Decriminalised Parking legislation the Council have the powers to issue Penalty Charge Notices for failure to comply with waiting restrictions around schools.

This may then be paid by any individual/company, not necessarily the driver. Failure to pay results in a notice being sent to the registered keeper of the vehicle. (Following this information being provided by the DVLA). The identity of the driver is not covered within this process and debts are recovered through civil law.

The potential to wrongly identify the driver is therefore considerable. We could only do this following a prosecution – ie matter issue and listed in court- then becomes matter of public record – hence issue of summons for non-payment of fixed penalty notice. To do otherwise could lead to claims for damages – breach of Human Rights/Data Protection.

Failure to comply with speed limit:

Whilst the Council is able to promote and introduce 20mph speed limits via a regulatory process the powers of enforcement rest with the police.

Whilst the police are able (in this being dealt with through a criminal law process) to require the name of the driver to be provided they may not be prepared to release this information for the purpose of the Local Authority naming and shaming the driver.

We could only do this following a prosecution – ie matter issue and listed in court- then becomes matter of public record

Bob James December 2008

Page last updated: 14 March 2011