The Senior Manager, Environmental Health provided a report which sought to gain authorisation to enforce the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 in order to reduce polluting emissions from stationary vehicles.  It was reported that vehicles idling while stationary caused unnecessary use of fuel, an increase in emissions and could also create a noise environment, especially for residents and businesses.

Members were informed that should a driver refuse to switch off when requested, fixed penalty notices of £20 could be issued to drivers who allowed their vehicle engines to run unnecessarily while the vehicle was stationary.  The adoption of the legislation would support The Wirral Plan 20/20.

It was reported that twenty one locations across Wirral were monitored for Nitrogen Dioxide levels and that one site that had exceeded the national objective was that situated at the taxi rank in Liscard, however this did not require any statutory action as it was not a relevant exposure area. 

Members were advised that during the last three years there had been ten complaints received by Environmental Health and seven complaints by the Licensing Section in respect of idling vehicle engines in various locations throughout the Borough.  It was considered that adoption of enforcement powers would provide an opportunity for educative initiatives surrounding the issue of air quality.

In response to questions from Members, the Senior Manager, Environmental Health advised that £20 was the maximum penalty that could be charged, however the Council was considering converting this to a civil charge which would be £80.  He advised that the Department of Transport Guidance must be followed and that the first drive would be to educate people in respect of the issues.

RESOLVED:  That

(1)  the Council adopts Part 6(3) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002;

(2)  Schedule 4A Part 2 of the Council Constitution be amended in order to insert the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002; and

(3)  an in house policy be implemented for drivers to switch off engines when parked, which should include drivers of Council vehicles and employees using their own vehicles for work purposes.