# Civil Parking Enforcement # Parking Policy - Part 1 # # # Enforcement Practice Guide # # # V1.3 July 2015 Devon County Council Parking & Enforcement Team County Hall Topsham Road Exeter Devon EX2 4QD Tel: 0845 155 1004 Email: parkingservices@devon.gov.uk DCC – Enforcement Practice Policy July 2015 Index 1. Introduction **1.1 Enforcement of Parking Controls** **1.2 Parking Enforcement – General Aims** **1.3 Parking Controls** **1.4 Lines and signs** 2. Enforcement Practice 2.1 General Note 2.2 Civil Enforcement Officers – Expected Behaviours - .2.2.1 Complaints Against Civil Enforcement Officers 2.3 Beats 2.4 Service Visibility 2.5 Principles of Engagement - .2.5.1 Vulnerable Occupants 2.6 Identifying When a Parking Contravention has Occurred - .2.6.1 Overview of Codes - .2.6.2 Consistency of Application - ._**2.6.2(a) No Waiting Restrictions**_ - .2.6.2(b) Marked Parking Places 2.7 Observation Periods - .2.7.1 Standard Observation - .2.7.2 No Observation Requirement - .2.7.3 Commercial Vehicles - .2.7.4 Additional Observation Allowance 2.8 Grace Periods - .2.8.1 Extension of Permitted Parking - .2.8.2 Resident Parking Permits - .2.8.3 Disabled Badges **2.9 Discretion** **2.10 Private Property & Commercial Premises** **2.11 Clamping & Removal** **2.12 Exempted Vehicles** **3. Penalty Charge Notices (PCN's)** 3.1 Serving the Penalty Charge Notice 3.2 Method of Serving - .3.2.1 Affixing to Vehicle - .3.2.2 Serving to Driver - .3.2.3 By Post 3.3 Exceptions to Serving a PCN 3.4 Cancellation of a PCN after Issue 3.5 Additional PCN Issue 3.6 Penalty Charge Notice Content **4. CEO Enforcement Guidance A - Z** 4.1 Abandoned Vehicles **4.2 Abusive & Violent Behaviour ** **4.3 Bank Holidays ** **4.4 Breakdowns ** **4.5 Care Providers** **4.6 Car Parks ** **4.7 CCTV Enforcement ** **4.8 CEO Vehicles** **4.9 Council Vehicles** **4.10 Disabled Bays ** **4.11 Disabled Badge Holders** **4.12 Dispensations** **4.13 Dropped Kerbs – private houses** **4.14 Dropped or Raised Kerbs (crossovers) – other** **4.15 Funerals (and Weddings) ** **4.16 Loading/Unloading Guidelines ** **4.17 Maximum Size of Vehicle ** **4.18 Motorcycle/Scooter Parking ** **4.19 Obscured/Incorrectly Validated Permits ** **4.20 Overseas Registered Vehicles** **4.21 Parking Outside Bay Markings ** **4.22 Pavement Parking ** **4.23 Pay and Display Machine Faults ** **4.24 Pay and Display tickets – expired time ** **4.25 Pay by Phone** **4.26 Pedestrian Crossings ** **4.27 Picking Up/Dropping off Passengers** **4.28 Police ** **4.29 Public Assistance** **4.30 Reporting** **4.31 Requests for Enforcement ** **4.32 Resident Permit Holders ** **4.33 Royal Mail Vehicles ** **4.34 Scaffolder's Vehicles ** **4.35 Schools** **4.36 Security Vehicles** **4.37 Special Events (and Suspensions) ** **4.38 Taxis and Minicabs** **4.39 TRO's – New or Revised ** **4.40 Visitor permits ** Appendices **Appendix A: Application of Contravention Codes ** Appendix B: Explaining Exemptions 1. 1.INTRODUCTION  The management of Civil Parking Enforcement within the County of Devon by the Council will: • Maintain and, where possible, improve the flow of traffic thereby making the County a more pleasant and environmentally safe place to live and visit. • Take into account the needs of local residents, shops and businesses, thereby sustaining the County and District Council's economic growth. • Actively support the needs of disabled people bearing in mind that, in some cases, they are unable to use public transport and are entirely dependent upon the use of a car. This will ensure that people with disabilities are able to have equal access to all facilities within the County. • Actively discourage indiscriminate parking that causes obstruction to other motorists, public transport, pedestrians, cyclists and people with disabilities. This will ensure that the Districts remain accessible to all equally and safely. The policy shall be regularly reviewed and will take into account: a) Existing and predicted levels of demand for parking. b) The availability and pricing of both on and off -street parking. c) The nature and extent of on-street parking restrictions. d) The accuracy and quality of existing signs and plates. e) The level of compliance that Devon County Council considers acceptable and the level of enforcement necessary to achieve them. f) The views of the public who shall be actively consulted on all matters relating to the extension of parking restrictions. g) The views of the Devon & Cornwall Constabulary. h) The provision of suitable parking facilities for disabled people. i) The provision of suitable parking facilities for cyclists and motorcyclists. j) Consideration of the Council's overall aims with regard to the environment, and the sustained economic growth of the County and District Councils. k) Changes to the enforcement regime as a result of changes to legislation, statutory guidance or best practice. 1.1 Enforcement of parking controls Parking controls were decriminalised under the Road Traffic Act 1991 (which was replaced by the Traffic Management Act 2004, implemented in 2008). The provisions of the Road Traffic Act resulted in the ability of local authorities to apply for the powers to become responsible for the enforcement of parking and other restrictions throughout their own areas. Devon County Council adopted these powers in 2008 and enforcement is carried out using a direct workforce of trained Civil Enforcement Officers (CEOs). Enforcement of parking controls can take place at any time when restrictions apply. For double yellow lines this is 24 hours and across the County there are residents only parking areas which are operational 24 hours daily. In order to best utilise resource, deployment will be planned and prioritised, managed, intelligence led and not fitting into any predictable pattern. It is managed at local level by Operation Team Leaders, supported by Senior CEOs with input of local knowledge and feedback from CEO's on the ground. In practice, enforcement in Devon is concentrated during the hours of 7am and 6pm, including Sundays and Bank Holidays, when the majority of restrictions are in force. Enforcement outside of these hours is usually carried out in response to special needs. Deployment of CEOs will generally be aimed at larger urban communities with a high demand for parking management. Some key communities, such as Exeter, Barnstaple and Newton Abbot can expect an "all day, every day" presence. For other town communities there will not necessarily be a daily attendance but will be planned without any predictable pattern. Smaller, rural communities will be serviced more on a reactive basis. The Council does not currently remove or clamp vehicles, or enforce restrictions using CCTV cameras, so enforcement is carried out through CEOs patrolling and issuing Penalty Charge Notices (PCNs) to vehicles parked in contravention of the regulations. CEOs undertake a comprehensive training programme before enforcing the regulations within local communities. CEOs use hand held computers to record observations of vehicles and to issue PCNs. These computers have many safeguards to ensure that notices are issued correctly, and that the correct information is gathered to support the issue of the PCN. In addition, CEOs make comprehensive notes on their hand held units, at times supplemented with further details in their pocketbooks. Photographs of vehicles parked in contravention are also generally taken when they issue a PCN. This evidence is made available to drivers who query the issue of a PCN. The Council takes the protection of CEOs very seriously and in addition to the training they have received in Health and Safety and conflict management, risk assessments have been carried out on their roles and all CEOs have access to lone worker protection devices or other corporate safety measures, in the event of threats whilst they are carrying out their duties. 1.2 Parking Enforcement – general aims The parking regime in Devon is designed to achieve the following policy objectives – • To encourage a high level of compliance by motorists with the parking controls and waiting and loading restrictions. • To integrate traffic management policies with effective on-street enforcement to improve road safety and the movement of public transport and to reduce congestion by encouraging the free flow of traffic. • To ensure the equitable distribution and management of the availability of parking space. • To discourage long term parking in streets close to town centres. • To provide dedicated on-street enforcement. • To be responsive to changing priorities, local factors and demand. • To provide parking permits and exemptions for residents and businesses, the disabled, and others as appropriate. The way in which parking restrictions are enforced is designed to meet these aims. Clearly, it is essential that traffic flow is maintained and illegally parked vehicles may cause congestion and compromise the safety of other drivers and pedestrians. Vehicles overstaying in limited waiting spaces or pay and display bays on street may mean that other vehicles will not be able to park. Reducing the accessibility to shops, medical facilities or amenities could prove damaging to trade or put the well being of others at risk. Non-permit holders parked in permit bays may mean that residents cannot park close to their homes. The Traffic Management Act and its associated guidance is clear that parking enforcement should relate to traffic management objectives and cannot be used for revenue-raising purposes. The County Council endorses and complies fully with these requirements. Parking enforcement will be 'fair but firm' and community support for, or acceptance of parking controls, is conditional upon achieving this balance in the enforcement operation. The procedures set out in this document have been designed to assist in this objective and establishes the "ethos" of the way parking enforcement will be conducted whilst individual areas will minimise the potential for misunderstanding and dispute over specific parking issues. In general, enforcement activity will comply with the following principles – • Fairness in applying the legislation and securing compliance. • Consistency of approach. • Transparency about what enforcement action is taken and why. 1.3 Parking Controls The issue of parking enforcement cannot be considered without an understanding of the basis for parking regulations. Parking regulations are introduced through the powers contained in the Road Traffic Regulation Act 1984, which also defines the objectives for which parking regulations can be introduced. These can be summarised as: • Safety. • Maintenance of access to premises. • Congestion reduction. • Management of the kerb space where demand for parking exceeds supply. Raising revenue is not a lawful objective for either introducing or enforcing controls and this has been reinforced by the Secretary of State in the guidance which accompanies the Traffic Management Act 2004, stressing that the aim of enforcement is to encourage compliance with the regulations. The precise regulations made by the Council will depend on the circumstances at the location. Regulations introduced for safety reasons or to ensure that access is maintained for emergency vehicles are more likely to be in the form of double yellow lines which prevent vehicles from parking at that location. Where congestion reduction or access to premises for deliveries is the issue, single yellow lines may be sufficient. Resident parking schemes are introduced in areas when demand exceeds supply and there is a need to ensure that residents can park more easily, whilst disabled bays will cater for blue badge holders. Typically, residents' permit holders will be given priority in residential areas, while short stay parking and deliveries will be given priority in commercial and shopping areas. Double yellow lines and loading restrictions will be introduced for safety reasons, where parked vehicles could cause danger and compromise traffic flow. It is not always possible to meet all the demand for parking spaces. In some residential areas the demand for residents' parking may be greater than the supply of spaces. In mixed use areas such as those where shops are situated, there are competing demands from shoppers, residents and deliveries. The Council must sometimes make difficult decisions over the allocation of kerb space between these demands and it may therefore be impossible to accommodate all groups of motorists to the extent they would wish. Where there is a particularly high demand for on-street short stay parking, pay and display bays may be used which encourage a high turnover and enable more effective enforcement by the CEOs. The procedure for introducing new restrictions requires that a Traffic Regulation Order be made and put into place. This is the legal instrument through which the Council implements most parking restrictions, both on-street and in car parks. Traffic Regulation Orders are made under the powers contained in the Road Traffic Regulation Act 1984. The Council must legally consult before introducing controls and the making of a Traffic Regulation Order follows a statutory process which also involves public advertisement following consultation and the consideration of any objections received following advertisement. On occasions the Council may introduce temporary Traffic Regulation Orders to cover road works or special events, for a short period of time. Experimental Traffic Regulation Orders may also be introduced (for up to 18 months) to test controls where the outcome may not be clear. The trial period also constitutes the consultation period in this case. Without a valid Traffic Regulation Order, the Council is not able to legally enforce the restriction. 1.4 Lines and signs When restrictions are introduced, the Council must lay the correct lines and erect the proper signs – if these are not in place the restriction cannot be enforced. No signs are required for double yellow lines, unless they are seasonal (only operational at certain times of the year). Yellow line restrictions apply from the centre of the road to the building line, including pavements and verges. The Traffic Signs Regulations and General Directions specify in precise detail the type of line markings and signs that must be used to indicate traffic and parking restrictions. Where there is an unusual or non-standard type of restriction the Department for Transport is requested to specifically authorise each sign (and often, its location). The Council will take remedial action as soon as possible when problems are identified, to ensure that all restrictions are clearly marked and signed and can be properly enforced. Only when a Traffic Regulation Order, and the correct lines and signs are in place, can the restriction be enforced. The following section outlines the Council's guidelines for the enforcement of parking restrictions. 2 ENFORCEMENT PRACTICE **2.1 GENERAL NOTE** Unless otherwise stated, the guidance detailed within this document generally applies to all on-street and off-street car park restrictions enforced by the County Council. Requests from the public for targeted enforcement will be addressed where appropriate. _Note – some car parks are managed by private companies who are solely responsible for any enforcement arrangements in these car parks._ _The individual City or District Councils enforce their own off street car parks and will use different guidelines to reflect their local policies_. **2.2 Civil Enforcement Officers – Expected Behaviours** Civil Enforcement Officers are the public face of parking enforcement. They are directly employed by DCC to enforce parking restrictions both on-street and in some off-street car parks. They wear an appropriate uniform containing the badge of the County Council and a unique identification number. CEOs are expected to carry out their work overtly, with fairness, courtesy and in a reasonable manner and to comply with all relevant laws and codes of conduct. This will include the CEO advising the motorist to move their vehicle as well as how and where to park to avoid a contravention of the parking regulations. To this end, CEOs are expected to be conversant with the on and off street parking arrangements in their enforcement area, permit information, Council policies and any other information necessary to enable them to carry out this function. A CEO must not, under any circumstances, accept monies or other gifts proffered by any person, nor may they solicit such gifts. When dealing with the public a CEO should not offer an opinion on the restrictions, or comment upon Council policies either in relation to parking, or to any other matter within the jurisdiction of the Council. In all cases the member of the public must be referred to the Highways Management Customer Services Centre if they wish to pursue the matter. If a CEO is approached by a member of the public about the issue of a PCN he/she will – • Explain why the PCN was issued, pointing out the information available at the time, including information on controls, lines and signs as applicable. • Explain that he/she has no authority to cancel the PCN once issued. • Explain that the driver may write to the Council and that the Council will consider the issue of the Notice and whether or not it should be cancelled. • Explain to disabled badge holders that they should enclose a copy of their blue badge with their letter. • Indicate that if the driver writes to the Council within 14 days, they will not lose their opportunity to pay at the discounted rate. • Explain the PCN processing stages in brief detail if required to do so. • Record details of the conversation in the pocket book. The CEO must not give any indication of whether or not the representations to the Council are likely to be successful as he/she is not in a position to offer advice on this matter. The Council will investigate all letters and complaints and make a decision, responding to the driver accordingly. The following sections give more details regarding specific enforcement practices. 2.2.1 Complaints Against Civil Enforcement Officers Allegations that an enforcement officer has made an error whilst issuing a PCN will be investigated under the normal Representations or Challenge procedures and a formal written notice of acceptance or rejection will be sent within the stipulated timescale. Any allegation of misconduct made against a member of the enforcement staff will be investigated and dealt with by Operations Team. 2.3 Beats The majority of a CEO shift is spent on patrol of a designated beat. Beats are compiled by Team Leaders and focus on the areas of a community where there is a need to manage the available parking space, in particular, appropriate turnover of available short term parking and enabling a safe flow of traffic by discouraging obstructive parking. Beats are allocated daily by Team Leaders and are designed to maximise the resources we have available to us a service. **2.4 Service Visibility** It is important that our approach to patrolling is overt and consistent, ensuring drivers have a reasonable opportunity to see CEO's undertaking patrols. Upon entering any given street of a designated beat, CEO's will check and log all vehicles potentially parked in contravention. This presents drivers of unoccupied vehicles, an equal opportunity to observe our attendance and proactively encourages engagement with drivers without the need to issue a PCN. In carrying out patrols in this manner, CEO's must ensure that they can maintain constant observation of all vehicles entered. Where this is restricted by location size then the street will be patrolled within manageable sections. The exception to this practice will be vehicles entered on an "instant" contravention code where stopping is prohibited. In such cases, the CEO will remain with the offending vehicle to enter required details and issue a PCN. **2.5 Principles of Engagement** CEO's are expected to engage with the driver if present, or occupants of a vehicle parked in contravention before consideration is given to entering vehicle and contravention details onto the handheld. A driver will always be given the opportunity to move their vehicle before issuing a PCN. Another occupant where the driver is not present, will be given the opportunity to advise the driver to return and move. **2.5.1 Vulnerable Occupants** The exception to this is where a driver is not present and the only occupants are either children or potentially vulnerable adults. In such cases care will be taken not to cause any undue concern or worry for those occupants. If after a prescribed period of observation a PCN is issued, care will be taken to ensure evidential photographs do not capture images of occupants. **2.6 Identifying When a Parking Contravention has Occurred** We identify parking contraventions from numerical codes and their associated descriptive provided by the department for transport (dft). A full list of the codes used in Devon and where they may be applied is described in Appendix A. A contravention will be deemed to have occurred when:- - .parked in a parking place or restriction with a valid traffic regulation order - .the parking place or restriction has the appropriate markings and signage to match the traffic order - .not displaying the required document(s) necessary for that parking place - .there has been no evidence of any exemptible activity for that place **2.6.1 Overview of Codes** There are two levels of charges currently in Devon, as indicated against each code as either "higher" or "lower". These are £70 (higher) and £50 (lower).The higher level is used for contraventions that are considered more serious, such as parking on yellow lines or school zigzags, whilst the lower level is used for less serious contraventions, such as overstaying the time purchased at a pay and display bay or in a car park. A Penalty Charge Notice will show the code number and the code description as described in Appendix A. The other details against each code identify when to use a particular code, our prescribed observation periods and a reference to the exemptions that may apply. A full list of the current exemptions is contained within Appendix B. **2.6.2 Consistency of Application** We must use the appropriate code and apply the same judgement as to whether a contravention has occurred. Such decisions are required when considering whether or not a vehicle is parked sufficiently in contravention, or which contravention code applies. The following definitions cover two areas; No Waiting Restrictions and Marked Parking Places. _**2.6.2(a) No Waiting Restrictions**_ Generally, enforcement by a CEO will be expected where the yellow line(s) are clearly visible on the ground between front and rear wheels for a minimum length of 600mm (2 feet) ** ** Where a vehicle is parked on a junction, causing a more serious safety risk to other road users or pedestrians, then enforcement is expected where a minimum of one set of wheels are parked in contravention **2.6.2(b) Marked Parking Places** A vehicle will generally be deemed to have parked in the marked bay that has the majority of length contained therein. However, where the bay permits parking for the vehicle observed, but borders another bay which would prohibit their parking without observing an exemptible activity, a CEO will consider this; **Has the vehicle parked in this position restricted the parking ability of permitted users?** And in particular, those specific user bays for Disabled Badge holders, Doctor Permit holders and Loading bays. Where the vehicle in question **is** restricting the ability for such vehicles to park then the basis for determining whether or not a contravention has occurred will be the same definition as described for no waiting restrictions. That is, the bay markings being clearly visible on the ground between front and rear wheels for a minimum length of 600mm (2 feet) **2.7 Observation Periods** Observation periods enable CEO's to establish whether a vehicle is parked for an exemptible activity when the driver is not present. The list of current on and off street parking contraventions together with the appropriate code and observation times is shown in Appendix A. The Council reserves the right to reduce or remove the observation time to address local problems. An example would be where drivers persistently contravene parking restrictions to access a cash point. There are two types of observation periods given by CEOs: **Constant Observation** – when the CEO remains in relatively close proximity to a vehicle suspected of committing a contravention for the duration of the observation period stated on the PCN. **Casual Observation** - means that the CEO will continue in their duties, but return to a vehicle after a minimum agreed period with its driver to see if the vehicle remains in the same place. E.g. loading activity completed and moved, or a broken down vehicle and no repair or removal activity is taking place. **2.7.1 Standard Observation** Where parking is permitted for a particular reason or user, a standard period of five minutes is built into the handheld software to prevent issue of a PCN. This period is balanced with demands on CEO time for beat coverage against expectations of their seeing activity or documentation which satisfies the parking requirement. **2.7.2 No Observation Requirement** Where parking is prohibited or restricted to a specific user category there is no requirement for a CEO to allow any observation period other than the time it takes to enter the offending vehicle details. In such cases however, the CEO's interest will be evident from being within close proximity to the offending vehicle. **2.7.3 Commercial Vehicles** For commercial vehicles parked where loading is an exemptible activity, an extended observation of ten minutes will be applied. **For the purposes of identification, a CEO will consider a commercial vehicle to be** :- - .appropriately liveried with regard to a business activity   - .a recognised commercial hire vehicle, or - .clearly identifying an intent of commercial activity being performed **2.7.4 Additional Observation Allowance** It is reasonable to expect that commercial vehicles described below are parked for the purpose of loading but that this activity may not be readily observed within the standard timeframe allowed. - .Vehicles recognisable as primarily trading within the delivery sector, such as DPD or DHL and, - .Liveried vehicles parked reasonably adjacent to their commercial premises Such vehicles will be allowed a continuous observation period of twenty minutes provided the CEO remains in location to deal with other issues. Alternatively, a note of kerbside valve positions will be made and subsequently checked on return to this location if vehicle is still parked. **2.8 Grace Periods** **2.8.1 Extension of Permitted Parking** Where parking is permitted for a limited time without payment, a further grace period of ten minutes will be afforded by a CEO before issuing a Penalty Charge Notice (PCN). This grace period will also be afforded to a period of paid parking beyond the expiry of paid for time. **2.8.2 Resident Parking Permits** A grace period of 7 days is afforded for resident permits upon expiry. **2.8.3 Disabled Badges** No grace period is afforded to expired disabled badges, it cannot be assumed that an individual will automatically be entitled to a new badge. **2.9 Discretion** Civil Enforcement Officers (CEOs) issue Penalty Charge Notices (PCNs) to vehicles where they consider a parking contravention has occurred. To prevent Civil Enforcement Officers being open to criticism of inconsistency, favouritism or bribery, it is not appropriate for them to be able to exercise discretion in the majority of cases. The exceptions to this will be cases where the driver returns to the vehicle before a PCN has been issued and in the opinion of the Civil Enforcement Officer, the contravention was not causing a road safety problem. In this situation, an informal verbal warning may be more appropriate. Once commitment to serving a PCN is reached ( **see section 3.1** ) drivers must be referred to the appeals process. The notice processing team will deal with each case on its own merits and it is within this area of the service where it is more likely to apply discretion. **2.10 Private Property & Commercial Premises** CEO's are instructed not to enter private property except when directed to do so by a Team Leader or Senior CEO. This includes entering a property to alert a motorist of our presence. This is to ensure that we remain objective, and ensures a consistent approach from all CEO's. This also includes entering private property while uniformed to purchase items. This prevents the individual and the service from any allegations of corruption. **2.11 Clamping & Removal** The Council have the power to clamp and subsequently remove vehicles parking in contravention of parking restrictions on the highway. However this power cannot currently be used until the relevant charges for clamping and removal have been properly advertised. It is not the intention to carry out Clamping & Removal in Devon at this time as the current Traffic Regulation Order does not make provisions for it. This decision may be reviewed in the future. **2.12 Exempted Vehicles** The Traffic Regulation Orders for Devon allow for vehicles carrying out certain activities to be exempt from some parking regulations whilst carrying out these activities. This includes: • Emergency vehicles • Loading/Unloading • Picking up/Dropping off passengers • Carrying out statutory duties • Delivery and Collection of postal packages • Disabled Drivers The above list is not exhaustive and the full list of all exemptions against parking restrictions can be viewed at Appendix B. **3 PENALTY CHARGE NOTICES (PCN's)** A penalty charge notice may be issued by a CEO to a parked vehicle when it is considered to have parked in contravention of a restriction or not complied with the requirements for a permitted parking place. 3.1Serving the Penalty Charge Notice A PCN is considered issued when a CEO has committed to serving to the printing process. From this point on the PCN must be served. **3.2 Method of Serving** There are three methods of serving a PCN: **3.2.1 Affixing to Vehicle** The standard location to place PCN once enclosed in adhesive wallet is on the passenger side of windscreen as shown in photo below. <> Standard Placement In extreme weather, the adhesive will not securely affix wallet to windscreen. Under such circumstances the wallet will be carefully placed under driver side windscreen wiper. Placed in this position offers the driver best opportunity to see the wallet upon returning to vehicle. <> For motorcycles, the wallet will be wrapped around the left side handlebar grip. **3.2.2 Serving to Driver** If the driver returns at any point before CEO has been able to affix to vehicle, the PCN should be served by hand. The CEO will explain to the driver the nature of parking contravention and of duty to serve the notice. 3.2.3 By Post There are two circumstances in which a PCN (a "regulation 10" PCN) may be served by post. 1 : Prevention of Service by threat of violence etc A PCN may be served by post if the CEO attempted to serve it by affixing it to the vehicle or giving it to the person in charge of the vehicle but was prevented from doing so by some person. This includes situations where the person who appears to be in charge of the vehicle is abusive or prevents service indirectly through intimidation or directly through threats or actual physical force. In such circumstances, the actual PCN issued by the CEO on patrol cannot be served by post because the information it gives is insufficient. The regulation 9 PCN issued by the CEO should be cancelled and a regulation 10 PCN served by post. Enforcement authorities should ensure that they have sufficient primary and supporting evidence to deal with any subsequent representations and appeals and will wish to obtain a witness statement from the CEO. Back-office staff should trace the relevant registered keeper's address via the DVLA. In these circumstances the motorist gets 14 days discount period for payment of the PCN. 2 ; Prevention of service by "drive away" A PCN may also be served by post if the CEO had begun to issue the PCN i.e. had completed his/her observation and had either started to write the PCN or input data to the HHC and would, in other circumstances, have to cancel the PCN -but the vehicle was driven away from the place in which it was parked before the CEO had finished issuing the PCN or been able to serve it. In such circumstances, the actual PCN issued by the CEO on patrol cannot be sent by post because the information it gives is insufficient. The regulation 9 PCN issued by the CEO should be cancelled and a regulation 10 PCN served by post. Enforcement authorities should ensure that they have sufficient primary and supporting evidence to deal with any subsequent representations and appeals and will wish to obtain a witness statement from the CEO. The Secretary of State recommends that the CEO records the excise license number of the vehicle and informs the motorist of the contravention before the drive away. Authorities will wish to keep a record of which CEOs ask for a regulation 10 PCN to be issued and considers whether there is anything in the way in which the officer is working that has contributed to this. Back-office staff should obtain the relevant registered keeper's home address from DVLA. In these circumstances the motorist gets a 14 day discount period. **3.3 Exceptions to Serving a PCN** The only exception to serving a PCN when a commitment has been made to it's printing, will be where a mistake is realised which would deem the PCN invalid. For example, incorrect registration mark, vehicle make or location. In such circumstances, the CEO will record the reason electronically and attach a photograph to the case to substantiate reason. This procedure enables the service to maintain full transparency. 3.4 Cancellation of a PCN after Issue This procedure can only be undertaken by the notice processing team. Where a mistake is recognised after issue, the PCN may be removed by the CEO and returned to their manager. As per procedure above for 3.3, an electronic record must be entered and photograph(s) attached to substantiate reason for removal. 3.5 Additional PCN Issue Any additional Penalty Charge Notice(s) will not generally be served to a vehicle on the same working day at the exact same location. However, where the driver of a vehicle returns and, following engagement with a CEO refuses to move vehicle from the parking place or restriction identified, or satisfy the requirements of the parking place, the CEO may issue a further notice for the same offence. This is especially important where there is a live traffic management or safety issue, eg double yellow lines. **3.6 Penalty Charge Notice Content** In accordance with the statutory requirements and national best practice, the PCN must contain the following details; • The date on which the notice is served. • The name of the enforcement authority. • The registration mark of the vehicle involved in the alleged contravention • The date and time of the alleged contravention. • vehicle make and colour (if evident); • detailed location of vehicle (full street name); • the contravention code; • observation start and finish times (where appropriate); • PCN number (all PCNs should be uniquely identifiable); • The grounds on which the CEO serving the notice believes that the penalty charge is payable. • CEO's identification number; • The amount of the penalty charge. • That the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the PCN was served. • That if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served the penalty charge will be reduced by the amount of any applicable discount -currently by 50%. • Payment methods. • That if the penalty charge is not paid before the end of the period of 28 days beginning with the date on which the PCN was served, a notice to owner may be served by the enforcement authority on the owner of the vehicle. • That a person on whom an NtO is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected. • If representations against the penalty charge are received at the specified address before the NtO is served they will be considered. But if an NtO is served not withstanding those representations received against the penalty charge before the NtO is served, those representations must be made in the form and manner and at the time specified in the NtO. : The CEO may also record all other relevant details on the handheld device and/or pocket book, including valve positions if appropriate. In addition the CEO will take a number of photographs to clearly show the registration number, the parking contravention and the PCN affixed to the windscreen. **4. CEO ENFORCEMENT GUIDE : A - Z** **4.1 Abandoned Vehicles** Abandoned vehicles are eyesores and potentially dangerous, and in many cases are the result of crime. An abandoned vehicle may be identified by the number of PCNs on the vehicle, or by the vehicle condition. Details of vehicle will be reported to District Council Environmental Teams to make contact by notice with registered keeper. A vehicle will be classed as abandoned if it has received 3 PCNs without any evidence of being moved during the interim period. No more than 3 consecutive PCNs will be issued to the vehicle if it remains in the same place, without authority from the Council. A welfare check of the vehicle will be made via the Police (the driver may have been taken ill or hospitalised or arrested). **4.2 Abusive and Violent Behaviour** Abusive behaviour to all Parking Services staff, either in person or on the telephone, will not be tolerated. Abusive individuals will be advised that their behaviour is un-acceptable and the conversation terminated if the abuse continues. A register will be kept of persistent offenders who are intimidating or abusive to staff. These details will also be passed to the Councils anti-social behaviour officer who can investigate and send out warning letters to offenders. CEOs experiencing abusive behaviour should make a full record in their pocketbook directly quoting what is said. In cases of threatening or intimidating behaviour, the CEO can contact their base for assistance or make direct contact with The Police. The Council will enlist the support of the local police to prosecute in the event of an assault on any Council employee. **4.3 Bank Holidays** As the County is a tourist area, it is necessary to control parking on bank holidays and most restrictions are in force, including – • Most double and single yellow lines (some restrictions are seasonal) • Dropped kerbs or raised crossing places • Bus stop restrictions and Taxi Ranks • Disabled bays, Residents Parking bays or zones • Clearways for schools or emergency services • Limited Waiting and Pay and Display bays • Loading bays All these restrictions may be subject to enforcement activity. The exact level of enforcement required will be determined by the local manager and there may be a need for a higher on-street presence where there are special events taking place. **4.4 Breakdowns** Drivers whose vehicles break down should make every effort to ensure that the vehicle is parked legally, or to move it as soon as practicable. Unless a CEO sees a visible sign of a breakdown, a PCN will be issued to the vehicle if it is parked in breach of the regulations. The CEO will have no discretion in considering notes in the windscreen to the effect that the vehicle has "broken down", but must record full details of all such notes in the pocket book and on the hand-held computer and take relevant photographs. If there is visible evidence of breakdown (e.g. a flat tyre, smoke coming from the engine), unless the driver is with the vehicle a PCN should be issued and details recorded in the pocket book. The CEO must take photographs of the vehicle, showing the evidence of breakdown. Where the Driver is with vehicle, CEO will ascertain problem and establish estimated removal time if possible, they will record details in their pocket notebook for feedback to base. Our requirement for removal of a vehicle will be dependent on the problem vehicle poses to traffic management particularly when a safety or congestion issue arises. In cases of genuine breakdown, the motorist will be able to make a written appeal to the Council and provide evidence to confirm the breakdown. **4.5 Care Providers** Numerous care organisations are operating within Devon County Council as a result of contract arrangements with Social Services and the Local Health Authority as well as privately arranged care. Each will often display notices issued by the various organisations but, due to the variety of notices in circulation not all are recognised by Devon County Council as valid authorities to park. To be considered as a valid Notice, it must show a logo of either the NHS or care trust, a company logo of a private professional care service provider. Also shown should be an office contact number to verify where their employee is working and the nature of service or care being provided to their client, or a contact number of the driver of the car. The current Devon County Council Traffic Regulation Orders provides an exemption for qualified medical practioners, chiropodists, nurses, occupational therapists, social workers, carers to park in residents parking bays and limited waiting bays, whilst providing essential services for their patients at the patient's place of residence. Parking in Residential Parking Zones: Essential Visitor Permits The County Council will issue its own permits allowing genuine carers, often family members to park within Residential Parking Zones to enable them to provide care or additional support for relatives. Permits are issued upon application, and must be supported by an official declaration from the resident about the level of permanent care they receive and frequency of visits to their home. Any abuse of such permits will result in them being withdrawn immediately. **4.6 Car Parks** The District or City Council's are responsible for enforcement in most car parks, but not all. There are various regulations relating to car parks and these may vary, depending on the car park concerned. Terms and Conditions of use can be found on their respective web sites, and will be prominently displayed in their Car Parks. Drivers should check before leaving their cars in the Car Park bays, as to what hours of operation and terms and conditions apply and follow them. Failure to do so could result in a PCN being issued **4.7 CCTV Enforcement** The Council has not introduced any enforcement using CCTV cameras, but may consider doing so in the future. The legislation allows local authorities to use CCTV cameras for the enforcement of parking and moving traffic contraventions and for bus lanes. CCTV enforcement may be carried out using either fixed or vehicle-mounted cameras. In either case, contraventions will be identified at the time by the camera operator and then reviewed by another officer, who will make the decision to issue a PCN, based on the guidelines and best practice that apply for the individual contravention. Cameras may also use ANPR (automatic number plate recognition) facilities. **4.8 CEO Vehicles** CEOs use vehicles to carry out enforcement duties as they need to cover large areas of the County. When engaged on enforcement duties, CEOs are permitted to park their vehicles whilst they carry out their patrols on foot. CEOs should not park in contravention of any prohibited parking regulations or where it would inconvenience other road users. However, should a CEO find a vehicle parked in contravention of a TRO, and there are no alternative legal places for the CEO's vehicle to park close by, it is acceptable for the CEO's vehicle to park in contravention of the TRO. The CEO may stop only for as long necessary to request the driver to move their vehicle or if no driver present, to observe and issue a PCN. **4.9 Council Vehicles** Unless the vehicle is being used for the purpose of enabling the Council, and its agents/contractors, to perform a statutory duty or for carrying out essential works, Council vehicles must abide by the normal regulations. A CEO will issue a PCN upon contravention of the parking regulations. Examples of essential works include the following – - .Servicing street furniture.  - .Maintenance of utility boxes. - .Maintenance or repairs to Council owned buildings - .Highway maintenance.  - .Graffiti removal. - .Environmental agencies that need access to check water quality and water  levels. If a CEO can see that the vehicle is engaged in essential works or statutory duties, or where the vehicle is parked close to the site being worked on, a PCN should not be issued. However, the CEO should not take notice of any note in the vehicle, (other than to log its details in their hand held or pocket book). Note – this applies only to vehicles parked in bays or on yellow lines. It does not apply where a loading restriction is in force (02 contraventions). Vehicles parked in _these circumstances should be issued with a PCN._ The Councils expects all its employees, and elected members, to observe the parking restrictions. Preferential treatment will not be given to Council vehicles, or to Council employees using their own vehicle's for business purposes. If the driver is seen and claims to be a Council employee, this will be noted, but will not prevent the issue of a PCN if the vehicle is contravening the regulations. Emergency situations will be dealt with according to the individual circumstances. **4.10 Disabled Bays** Where a disabled bay is marked and signed, it will be a mandatory disabled bay and described within the County TRO. The sign will indicate who is permitted to park there and whether there is a time limit, only holders of a blue badge may park in these bays. Where a disabled bay is marked but not signed, it will be an advisory disabled bay. Advisory disabled bays are not included in the County TRO, and are usually found in residential streets where they have been provided to assist a resident blue badge holder maintain a parking space within walking distance of their home. These bays are not enforceable by CEO's. **4.11 Disabled Badge Holders** The blue badge scheme is in place throughout the UK and Europe, except in some central London boroughs where there is insufficient parking space to accommodate badge holders (the Royal Borough of Kensington and Chelsea, Westminster, City of London and part of Camden (south of Euston Road) do not currently participate in the scheme. Residents with mobility problems can be issued with blue disabled badges. These can be obtained from the Council, subject to application criteria and are valid for use in disabled bays throughout the UK and Europe. Blue badges are issued to a disabled person, whether or not they drive a vehicle, and can be used by either a disabled driver or a disabled passenger. It should be remembered that the badge can only be used when the vehicle is being used to transport the disabled person and enables them to park as close as possible to their intended destination. It is not permitted to use the badge for any other purpose e.g. shopping for the disabled person when they are not being transported in the vehicle, or for parking outside the disabled badge holder's premises. Blue badge holders may park – • In most designated disabled parking bays on-street, free of charge and without time limit. Some disabled bays do have a time limit and this will be shown on the sign. In this case, the time clock should be set to the time of arrival and displayed alongside the blue badge. • On single or double yellow lines for up to three hours and providing that the vehicle is not causing an obstruction or parked on or near a junction(the clock should be displayed and set to the time of arrival). • In all pay and display bays on-street free of charge and without time limit. • In resident only bays without time limit. A PCN may be issued where the disabled badge is not properly displayed on the front of the vehicle so that the details can be easily seen by the CEO, or where the clock is not displayed and set to the time of arrival if the vehicle is parked on yellow lines or time restricted bay. The CEO must make full notes of the manner in which the badge is displayed, supported by a photograph. The CEO will also issue a PCN to a vehicle displaying an expired badge. Disabled badge holders may only park in the bays detailed above. They must not park on yellow lines (single or double) with yellow blips or chevrons on the kerb (and signs) indicating that loading is not permitted or in any other restricted area (e.g. school keep clear markings, pedestrian crossings, suspended bays, taxi ranks, bus lanes, bays reserved for specific users such as loading bays (unless they are loading or unloading and only whilst they are loading). Whenever a badge or clock are not displayed, or not displayed correctly and the driver is with the vehicle, the CEO will ask the driver to display the correct documents and a PCN will only be issued if the driver fails to either do this or to remove the vehicle. Where a CEO suspects that a blue badge is being used fraudulently, he/she may request to inspect the badge and badge-holders are asked to co-operate if they receive such a request. The CEO must show his/her Council ID badge to the driver before asking to see the blue badge. It is an offence to fail to produce a badge when requested to do so. If inspection of the badge confirms that it is being used fraudulently, the badge may be retained by the CEO or details forwarded to the issuing authority. **4.12 Dispensations** Businesses may apply for special dispensations which allow a vehicle to park on a yellow line or in a restricted parking bay for a limited period only. The Council is allowed to charge for issuing a dispensation and when deciding whether or not to issue a dispensation, safety and congestion issues must be taken into account. If the Council considers that a parked vehicle could cause an obstruction or congestion or may compromise safety, the application will not be granted. When a dispensation is granted, the vehicle will be issued with a notice detailing the dates, times and area in which the vehicle may be parked and vehicles may only be parked in accordance with the terms of that dispensation waiver. CEOs will issue a PCN to any vehicle not complying with the terms of the dispensation, or any vehicle whose owner is suspected of making a false declaration of the nature of the works being undertaken at an address to obtain a dispensation. Dispensations will not be permitted for workers to commute to and from the work site. Vehicles must be essential to the works being undertaken, or required to ensure that Health & Safety on the work site is not unduly compromised. **4.13 Dropped Kerbs (crossovers) – private houses** A dropped kerb or crossover is defined as "that part of a footway that has been dropped to the same level as the carriageway to give access to a driveway beyond the footway" and these may sometimes be marked by a white "Access Protection Marking". For enforcement purposes, CEO's must ensure that at least one set of wheels are parked next to a place where the footway is lowered to carriageway height, or that at least 2 thirds of the vehicles overall length extends beyond the start/end point of the lowered footway. The person for whom the dropped kerb has been marked (i.e. the householder) can park his/her own vehicle on the dropped kerb and may also give permission for someone else, such as a visitor, to park on the dropped kerb. This means that the Council have no way of knowing whether or not a vehicle parked on a dropped kerb belongs to the householder or has the householder's permission to park there. In view of this, the Council can only enforce if a complaint is received from the householder. When a complaint is made, if possible, a CEO will be sent to the site and will issue a PCN in accordance with the guidelines detailed below. - .Householder must be at home and identify themselves to the CEO upon arrival. - .Confirm/identify with the CEO the details of the vehicle reported. - .The reported vehicle is still parked in contravention and is overhanging the area of the kerb dropped to carriageway level to facilitate access to a driveway. If a vehicle is parked in such a way to prevent access onto the highway, this may be reported to the police who may treat the vehicle as an obstruction and arrange for it to be removed. **4.14 Dropped or Raised Kerbs (crossovers) – other** Not all dropped kerbs are there to allow access to a private driveway. Dropped or raised kerbs are also placed on the footway or the carriageway for other reasons; to assist – • Pedestrians crossing the carriageway-sometimes identified by tactile paviours • Cyclists entering or leaving the carriageway, or • Vehicles entering or leaving the carriageway These dropped kerbs will be enforced in the normal manner. **4.15 Funerals (and Weddings)** There is an exemption from the parking regulations for funeral vehicles, including the hearse and any official funeral cars. The same exemption applies to official wedding cars. Visitors to either event should park legally away from the event. The Council recognises that funerals are sensitive issues, and it is suggested that the Council is contacted in advance as there are a number of arrangements that may be made to accommodate them. Each case will be treated on its own merits and the Council will make every effort to ensure that disruption is minimised and vehicles may park legally. Unless there are safety or congestion issues, a PCN should not be issued to any funeral vehicles, providing that the Council has been advised in advance that the event will be taking place and providing that the CEO is satisfied that the vehicle is being used for the funeral. This will include the hearse (the vehicle that carries the coffin) and other 'official' vehicles attending the event. However, it may be necessary to ask some vehicles to move on some occasions to avoid obstructions and a PCN should only be issued where a request for a vehicle to move is ignored. If vehicles are stopped in order to allow people to board or alight, they will be entitled to the exemption for boarding and alighting. This exemption allows a vehicle to stop for the purposes of allowing people to get in or out of the vehicle and it should be obvious to a CEO that this is the case. The vehicle should not be left unattended unless there are exceptional circumstances. **4.16 Loading/Unloading Guidelines** **Loading and unloading**** implies ****' an item or items of bulk which cannot easily be carried whilst being taken to and from a vehicle'**. Any vehicle may park on a yellow line (so long as there are no loading restrictions marked by yellow blips or chevrons on the kerb at the location) or in a permitted parking bay on street for as long as is necessary to load and unload. This does not entitle a vehicle to be parked if there is no loading or unloading activity taking place (i.e. whilst the driver carries out other activities such as shopping or carrying out repairs to shop equipment) and the vehicle should be moved as soon as the loading activity has been completed. Where loading is permitted, CEOs will give observation periods to ascertain whether loading or unloading is taking place. If during this time no activity is noted, the CEO will assume the vehicle is not involved in any loading or unloading activity. Loading/unloading may be allowed for commercial purposes or if the items being loaded or unloaded are not easily portable (and this may include pre-ordered and paid for heavy or bulky shopping). In most cases it would be expected that the process would be taking place adjacent to the premises concerned, and more often than not a continuous activity. However, we accept this may not always be the case, but it is not unreasonable to expect that a CEO would see some evidence of the loading/unloading activity during the observation period and if this is not the case a PCN may be issued. Loading and unloading is not permitted – • At bus stops that are subject to bus stop clearway restrictions, taxi ranks, in disabled bays, on clearways where stopping is prohibited, in doctor, hospital, ambulance and Police bays. • Where kerb markings indicate that a loading ban is in place. • On mandatory school keep clear markings "zig-zags". **4.17 Maximum Size of Vehicle** Other than in specially designated areas, the maximum dimensions of a vehicle that will be permitted to park in a resident permit bay are as follows: Overall Height: 2.27 metres (7 foot 6 inches) Overall Length: 5.25 metres (17 feet 3 inches) All vehicles must park wholly within the bay markings. CEOs must report any oversized vehicle parked in a bay and displaying a valid permit to the Council for further action to be taken as the permit may not be valid. A PCN will not be issued unless instructed by the Council. **4.18 Motorcycle/Scooter Parking** Motorcycles and scooters are legally defined as powered two wheeled vehicles and there are a number of options for parking in the County. On street, motorcycles are exempt from payment in pay and display and resident bays. The Council encourages permit holders with motorcycles to park at right angles to the kerb in order to maximise space in the permit bay, but this is not compulsory and cannot be enforced. Motorcycles may not park on yellow lines, on the footway, at dropped kerbs marked with a yellow or white line, for longer than permitted in limited waiting bays and in bus lanes, or on the pavement. The pavement is defined as an area over which pedestrians have the right of access and this includes the edge of the pavement close next to buildings and pavement lights close to buildings. Motorcycles may only park on the pavement if the area concerned is private property, and in these cases the area should be separated from the remainder of the pavement, preferably by bollards, inset kerb, or surface treatment indicating that this part of the pavement is private land. **4.19 Obscured/incorrectly validated Permits** If a parking permit is not clearly displayed in a vehicle, and it cannot be read, a PCN will be issued. The CEO will make a note in his/her pocket book or hand held about the obscured section of the permit and ensure that the appropriate photograph is taken. **4.20 Overseas Registered Vehicles** PCNs will be issued to vehicles displaying a non-UK number-plate if they are parked in contravention. **4.21 Parking Outside Bay markings** A PCN will only be issued to a vehicle if two or more wheels are outside the bay markings, or if one wheel is substantially outside the markings and the vehicle is causing a possible obstruction or making it difficult for another vehicle to park in an adjacent bay. In all cases, the issue of the PCN must be supported by the appropriate photograph(s). **4.22 Pavement Parking** Pavements are constructed and provided for pedestrian use. Vehicles parked on pavements are a hazard to pedestrians, causing an obstruction which may result in them having to step off the pavement onto the highway, putting themselves in danger. They are also a hazard by restricting the width of the pavement making it difficult for someone with a pushchair or wheelchair to pass safely. Driving on and off the pavement also causes damage to the surface (broken paving slabs etc.) as pavements are not constructed to the same standard as the carriageway. Broken or uneven paving slabs or damaged tarmac can cause pedestrians to trip and fall. CEOs do not currently have the powers to deal with pavement or footway parking unless there are waiting restrictions (yellow lines) on the highway adjacent to the pavement. Where there are waiting restrictions, a PCN can be issued as the vehicle would be parking in contravention of a traffic order. Waiting restrictions cover the highway from the centre of the highway to the building line. If there is no building line, CEOs will be advised on the exact extent of the public highway. The Council and the police work in partnership to deal with obstruction and other parking issues throughout the county of Devon. The police can issue fines (Fixed Penalty Notices) to vehicles causing an unnecessary obstruction either on the road or on pavements. **4.23 Pay and Display Machine Faults** If a pay and display machine is found to be faulty it is the driver's responsibility to look (within a reasonable distance) for an alternative machine from which to purchase a pay and display ticket, providing that the alternative machine is situated in the same or adjacent road. In the event that the pay and display machine is marked as 'out of order' and there are no alternative machines or pay by phone facility, a vehicle will be allowed to park up to the maximum parking duration of the bay. There is a telephone number on every machine for a member of the public to report an alleged fault. If a driver calls and reports a fault, he/she will be advised to use another pay and display machine nearby or pay by phone where this option is available. Where a motorist leaves a note in his vehicle stating that the machine is faulty, or reports it personally to a CEO, the CEO must check the machine. A PCN will be issued, unless the CEO confirms that the machine is faulty, and there is no alternative machine nearby or pay by phone facility. If the machine is found to be faulty the machine must immediately be bagged or a notice placed within the machine, and reported for the appropriate repair action to be taken. The CEO must make full notes of the event and the action taken. **4.24 Pay and display tickets – expired time** If a PCN is issued for expired time, the CEO must record details of the pay and display ticket, including the time of issue, the expiry time, and the degree of penalty time. CEOs may also issue notices for 'meter-feeding', e.g. where a driver has purchased a second pay and display ticket shortly before or after expiry of the first, with the intention of prolonging the period of time originally purchased. This is a contravention that we choose not to vigorously enforce and will permit drivers to purchase additional time, up to the maximum stay period allowed for that area of parking. Some drivers may make a mistake in using the machine, and if a vehicle is displaying two pay and display tickets that have been issued within 5 minutes of each other (both for the same day and bay), a PCN will not be issued. In these cases, the total amount of time shown on the pay and display tickets will be allowed, i.e. if both tickets show that 30 minutes parking time has been purchased on each ticket, the driver will be allowed one hour's parking. **4.25 Pay by phone** Drivers have an alternative payment option for pay and display bays on street at most locations across Devon. If a vehicle is not displaying a valid pay and display ticket during controlled hours, the CEO will check information provided by the Pay by Phone supplier on the appropriate device (hand held computer or mobile phone). **4.26 Pedestrian Crossings** CEOs should issue a PCN immediately to any vehicles seen parking on the keep clear zig-zag markings. The Police may also enforce this contravention through the issue of a Fixed Penalty Notice and an endorsement on the driver's licence. If a Fixed Penalty Notice is issued for this contravention, it must take precedence over the PCN as it is a criminal matter, and the PCN will be subsequently cancelled. **4.27 Picking Up/Dropping Off Passengers** Motorists may stop to pick up or drop off passengers on yellow lines or in any parking bay. There is no statutory maximum time allowed for this activity, and it will depend on the individual circumstances. In the case of able-bodied passengers it would take little time, but if passengers are elderly, disabled or carrying luggage it would clearly take longer. The time to be allowed is simply the time that it takes to get in and out of the vehicle and load or unload personal luggage. It is not a legal requirement that the vehicle must not be left unattended as the motorist may need to accompany a child or elderly/disabled person away from the vehicle. If the vehicle is unattended and the CEO has no reason to believe that the driver is involved in picking up or setting down, a PCN will be issued. **4.28 Police** The Council and the police work in partnership to deal with obstruction and other parking issues throughout the county of Devon. The police can issue fines (Fixed Penalty Notices) to vehicles causing an unnecessary obstruction either on the road or on pavements. From time to time, CEOs may carry out joint patrols with police officers at locations where antisocial behaviour and illegal parking are a problem. E.g. School entrances. **4.29 Public Assistance** CEOs should be helpful and courteous to the public at all times and be prepared to answer questions, offer advice and give directional instructions when requested. All CEOs must understand the importance of their actions and the way they speak to members of the public and the reflection this has on the image of the Council in the eyes of the public. If a CEO is a witness to any form of accident or emergency situation he/she should immediately advise their operational base of the situation and ask for guidance. If directed to they should offer their services in assistance and, until other emergency services arrive, stay in attendance acting as a communications link. In the absence of the Police or any other emergency officer, the public may expect a CEO to take the initiative at the incident and do his/her best to help minimise problems. In these circumstances, the CEO must keep the operational base informed of the unfolding situation and take direction from their line manager. The line manager must be kept informed of any actions taken by the CEO by telephone. CEO's should not put themselves or any other member of the public at undue risk. **4.30 Reporting** Whilst on patrol, CEOs could be used to carry out various reporting functions. In addition to reporting problems with lines and signs and faulty pay and display machines, CEOs may provide useful "eyes and ears" and take details of the following – • Building materials left in the road or on the footway. • Skips. • Abandoned vehicles. • Lines with debris on them. • Unauthorised use of "No Parking" cones or street furniture on the highway. All reports could be passed to the relevant Council department for the appropriate action to be taken. **4.31 Requests for enforcement** From time to time, the Council or individual CEOs may be approached by members of the public requesting enforcement of a particular location or restriction. The Council will try to accommodate all such requests where it is practical to do so. Where a CEO is approached by a member of the public whilst on patrol, providing that the request relates to a neighbouring road or the same road and will not involve the CEO deviating to far from his allocated beat, the CEO should comply with the request. If the request will mean that the CEO will have to travel a considerable distance or leave his beat or affect his/her ability to return to an area to complete second observations, the CEO should relay the request to base, for further instruction. Requests for enforcement may be made using the devon.gov website or by telephoning the customer service centre. **4.32 Resident Permit holders** The Council operates resident parking schemes in some parts of the County and issues permits to residents who live in the areas where the scheme applies and who meet the criteria for obtaining a permit. Residents' parking permit schemes do not guarantee a parking place for the resident but enforcement against illegal parking by non residents helps improve availability of parking places for the permit holders. A resident permit holder may park in a resident permit bay or zone in the area for which their permit applies (this is shown on the permit). The signs above resident bays will indicate the appropriate area and the permit is not valid for parking in a resident bay in any other areas. A resident permit is not valid for parking anywhere else and CEOs will issue a PCN to vehicles not parked in the appropriate bay. PCNs will also be issued to a vehicle not displaying the resident permit regardless of whether or not a permit has been issued to the vehicle. Blue Badge holding residents are not required to have a residents permit as well. However, it is recommended that they do purchase a residents permit, if they frequently use their blue badge in alternative vehicles and this would result in their own vehicle being left parked in a residents bay without the blue badge on display. **4.33 Royal Mail Vehicles** Under the Road Traffic Act 1991 vehicles belonging to the Royal Mail and other companies engaged in the delivery of postal packets (to or from post boxes in the case of the Royal Mail to or from business premises in the case of other companies) are exempted and may load or unload where others are not permitted. The exemption includes the following companies – Parcelforce, DHL, TNT Post, City Link and UK Mail. With the exception of Royal Mail emptying post boxes, these exemptions do not apply where there is a ban on loading. CEOs will issue a PCN if they believe that such vehicles are not actively engaged in delivery activities. **4.34 Scaffolder's Vehicles** Scaffolders are generally exempt from parking restrictions where scaffolding is being constructed, i.e. whilst loading and unloading equipment from the vehicle and erecting/dismantling the scaffold. CEOs will issue a PCN to vehicles that are not engaged in actively loading/unloading or constructing/dismantling scaffolding, essential work, or covered by a dispensation or waiver. Scaffold lorries should be parked legally if they are not engaged in these activities and scaffold lorries are not entitled to the exemption whilst making assessment visits to a site and should be parked legally. **4.35 Schools** The Council will respond to requests for enforcement at schools when reports detailing dangerous parking are received, as well as engage appropriately with other agencies in assistance with safety campaigns. CEOs will observe vehicles parked on yellow lines or in parking bays adjacent to schools. If these vehicles are not causing an obstruction then the CEO will allow 5 minutes of observation before issuing a PCN (an obstruction is defined as a full or partial blocking of the footway or line of sight for vehicles turning into junctions). This concession does not apply to vehicles parked on mandatory school keep clear (zig-zag) markings, or where loading restrictions are in force. School keep clear markings outside school entrances may be mandatory or advisory. Advisory markings are used outside most schools in Devon and this means that although there are markings on the road, there are no signs. CEOs will not issue PCNs to vehicles parked on these markings although parents are requested not to park on these markings for safety reasons as parked vehicles are an obstruction and block lines of sight for children and parents. Some school entrances are marked with mandatory yellow markings (zig-zag markings and double yellow lines), and are also signed. The restriction is usually in place between Monday and Friday, 8am to 5pm, although the sign will give the exact times. The restriction also applies during school holidays and on bank holidays as it is not legally possible to use term time only restrictions. As these markings are there to ensure the safety of children, it is essential that vehicles do not park on them and CEOs will issue a PCN to any vehicle doing so. **4.36 Security Vehicles:** Secure cash vans are occasionally required to park in close proximity to premises in order to effect safe delivery or collection of cash. PCN's may be issued if the CEO fails to see any loading or unloading activity, or considers the vehicle to be parked for longer than was necessary. Security vans involved in the delivery of mail or other such low value items are expected to comply with parking restrictions. **4.37 Special Events (and Suspensions)** Where there are special events taking place which may affect the parking situation in the area, the Council and/or the police may make special arrangements for additional enforcement, which may mean that parking bays are suspended. Drivers should check before they park that there is no suspension in place. In Devon, this will be indicated by "No Waiting "cones and warning signs placed along the affected lengths of road or in marked bays. Vehicles parked at the times cones are being deployed for the start of a suspension should be logged and the notice processing team informed. **4.38 Taxis and Minicabs** There is a difference between taxis and private hire vehicles (sometimes referred to as "mini-cabs"). Taxis are licensed by the District Councils and are permitted to ply for hire in the street. They will display a "Taxi" sign on the vehicle. Private Hire vehicles or "Mini-cabs" are usually saloon cars or people carriers and are also licensed, but they are not allowed to ply for hire or to display a 'taxi' sign. They can only handle pre-arranged pick-ups. Taxis and minicabs, like all vehicles may stop to allow passengers to board or alight for as long as necessary for the purpose, and this should be obvious to the CEO. Taxi drivers, like any other driver, must not leave their vehicle parked illegally to visit toilets, shops; cafes etc and PCNs will be issued in these circumstances. Only Taxis licensed by the Council are permitted to use taxi ranks. Taxis that have not been licensed by local District Councils and mini-cabs may not use taxi ranks. **4.39 TRO's – New and Revised** TRO's are introduced or revised after a public consultation process and approved by Councillors before implementation. This does not necessarily mean that everyone in the affected area will be aware of the changes to restrictions and may inadvertently contravene these restrictions. Where new waiting or loading restrictions are being imposed where previously there were none, or the restrictions apply to several roads to create a controlled zone, e.g pedestrian or residents only past this point, an initial period using warning notices only will normally apply. When it has been deemed appropriate for a warnings only period to be used, this will be usually be for a period of one week. The Operations Manager will issue a service instruction stating the duration of the warning period and any other specific instructions relating to the enforcement of the new or revised restrictions. CEO's will be advised at briefings of any areas where and when warning notices are to be used. **4.40 Visitor Permits** Residents in the resident permit areas may apply to the Council to purchase single use permits (scratch cards in books of 30) for use by their visitors. These cards are only valid in the zone specified on the permit and may only be used in a permit bay for which a resident permit for the area is valid. The card must be displayed on the dashboard of the visitor's vehicle throughout the entire period it is parked in the residents parking space, so that it is visible to the CEO and it must be scratched off correctly (time of day, am or pm, day, month and year). It must also clearly show the car registration number it is displayed in and the residents' address. Motorcycles belonging to visitors are currently exempt from the requirement to display a correctly completed scratch card. CEO's will issue a PCN to any vehicle not correctly displaying a scratch card as outlined above, and to any vehicle displaying a scratch card that has been tampered with, or to any vehicle that does not have a valid permit.