Proposal by Transport for London to decriminalise Red Routes: provision of traffic warden services

Report: 7
Date: 8 October 2004
By: Commissioner and Clerk

Summary

This report sets out a summary of the changes to the Special Services Agreement with Transport for London (TfL) which will enable MPA Traffic Warden services to continue to be provided, funded by TfL, subsequent to decriminalisation of the existing Red Route Network in November 2004.

Approval to enter negotiations with TfL was provided by the Co-ordination and Policing Committee at their meeting on 5 March 2004. The existing objectives, as detailed in the current SSA are unaffected, but will be supplemented by a further, additional objective. The additional services will be delivered by approximately 350 uniformed personnel, subsumed within the existing Transport OCU, on the same terms and conditions as are contained in the Special Services Agreement approved by the MPA in April 2002.

This report seeks the approval of the MPA for the Clerk to affix the MPA’s seal to the Agreement. The MPA’s legal adviser, Ian Adamson, of Bircham Dyson Bell Solicitors will be in attendance for the committee meeting to advise members on any legal points on which advice is sought.

A. Recommendations

That

1. approve the variation of the Special Services Agreement between the MPA and TfL for the provision of Traffic Warden services;
2. approve that the Clerk be authorised to affix the MPA’s seal to the document and to make all other arrangements for its completion, including any minor formatting changes that may be necessary; and
3. note that the Agreement will also need to be approved by the TfL, and that formal sealing of the Agreement will only take place after such approval has been obtained.

B. Supporting information

1. At the meeting of the Co-ordination and Operational Policing Committee meeting held on 5 March 2004, members received a report setting out proposals for the provision of Traffic Warden services, fully funded by Transport for London. Members were asked to agree to negotiations proceeding with TfL. This report presents an overview of the outcome of these negotiations to enable the provision of the proposed additional services that will be provided by the Transport OCU. The MPA’s legal adviser, Ian Adamson, of Bircham Dyson Bell Solicitors has overseen and endorsed the revisions to the Contract.

2. The operation and management of the Transport OCU, together with the responsibilities of the respective parties is detailed in the Special Services Agreement previously approved by the MPA in April 2002, and subsequently amended (Phase 2) in July 2003. The aforementioned Agreement has proved to be resilient, requiring only minor amendments and periodic updates. The proposals contained in this report are reflected in a number of further, minor amendments, together with a new Objective (5), and the Authority’s legal advisers of Bircham, Dyson and Bell Solicitors have reviewed and amended the Agreement accordingly.

The provisions of the agreement (SSA)

Objectives

3. The existing objectives contained in the Special Services Agreement remain unchanged and are as follows:

• To ensure the public and staff feel safe using the Bus infrastructure on agreed routes and corridors and other agreed priority locations.
• To ensure the efficient movement of buses on agreed routes and corridors and other agreed priority locations on the London Bus Network.
• Enforcement of the law relating to taxis and private hire vehicles (PHV) within the Metropolitan Police District to ensure the safety of the public, focusing on agreed priority locations.

4. To assist the control and, where possible, the reduction of congestion at agreed priority locations within the Metropolitan Police District.

5. The proposed new objective 5 is:

“To ensure the efficient movement of buses, other road traffic and other road users on the TLRN by, in particular, the enforcement of decriminalised parking offences and moving vehicle contraventions”.

Redundancy

6. Under the provisions of the current SSA, the MPS is indemnified against any costs arising from the termination of the Agreement, notwithstanding that the MPS would use its best efforts to minimise the financial consequences. However, in the case of the MPS traffic wardens, who will continue to be employed by the MPS, it would be inequitable to expect TfL in the future to underwrite all potential redundancy costs, given that a significant part would relate to service prior to the SSA coming into force. Accordingly, the Agreement has been amended to provide a basis for calculating the liability of the respective parties.

Resource implications

7. There are no additional accommodation requirements other than that currently occupied by the Transport and Traffic Warden OCUs. Further, any new equipment will be purchased by TfL, subject to the appropriate MPS approvals.

Operational independence

8. It should be noted that the operational independence of the Operational Commander will remain unaffected by any proposals.

C. Race and equality impact

9. In order to assess any disproportionality issues occurring within the area of work undertaken by TOCU officers, TfL are able to provide an ethnic breakdown of the travelling public from bus passenger surveys.

10. An OCU monthly management report, including the objectives and performance information, has been developed and is used as part of the Branch performance review process.

D. Financial implications

All costs are recharged to TfL on a full-cost recovery basis. The Special Services Agreement, s14 provides complete financial indemnity for the MPA.

E. Background papers

• Report to Co-ordination and Operational Policing Committee, 5h March 2004
• A copy of the revised Special Services Agreement has been placed in the members room.

F. Contact details

Report author: Commander Jo Kaye

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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