Speed Limits: revised policy.

STATES OF JERSEY

SPEED LIMITS: REVISED POLICY

Lodged au Greffe on 2nd November 2010

by the Minister for Transport and Technical Services

STATES GREFFE

2010   Price code: C  P.167

PROPOSITION

THE STATES are asked to decide whether they are of opinion

1. to approve a revised policy with regard to speed limits on public roads, with the following simplified structure –

1. a 40 miles per hour speed limit on all public roads not subject to lower limits or Green Lane status with vehicles with a laden weight of 3.5 tonnes or over being subject to a 30 mile per hour limit on these roads;
2. a 30 miles per hour speed limit on public roads in urban/built- up areas (using the Island Plan map definition of a built-up area) and roads with no centre line;
3. a 20 miles per hour speed limit –

1. on  public  roads  in  housing  estates  and  distinct residential areas;
2. in areas  outside  schools  where  there  are  part-time electronically-signed speed limits;

4. a 20 miles per hour speed limit in all Green Lanes;

2. to agree  that  an  Appeals  Panel  should  be  established  to consider decisions on speed limits made by the Minister for Transport and Technical Services which the Connétable of the Parish or the States of Jersey Police disagree with;
3. to request  the  Minister  for  Transport  and  Technical  Services,  in consultation with the Minister for Home Affairs, to investigate the potential road safety benefits of introducing a penalty points and fixed penalty system to deal with minor traffic offences;
4. to request the Minister for Transport and Technical Services to take the necessary steps to give legal effect to the proposals.

MINISTER FOR TRANSPORT AND TECHNICAL SERVICES

REPORT

Introduction

Following a proposition of Deputy I.J. Gorst of St. Clement (P.166/2008), the States approved the following on 2nd December 2008 –

to request the Minister for Transport and Technical Services –

1. to establish a Review Working Group to review the implementation, operation  and  suitability  of  the  current  Speed  Limits  Policy (P.1/2004) as approved by the States on 15th March 2005;
2. to appoint  3  States  members  as  members  of  the  Review  Working Group  of  whom  at  least  2,  including  the  Chairman,  shall  not  be Ministers or Assistant Ministers, with the Working Group to receive appropriate assistance from relevant officers; and
3. to present the conclusions of the Review Working Group with any associated recommendations for change to the Assembly before 30th June 2009 (subsequently amended to 30 September 2009).

In March 2009, the Minister for Transport and Technical Services (TTS) appointed Connétable G.F. Butcher of St. John (subsequently appointed as Chairman by the Working Group), Connétable P.F.M. Hanning of St. Saviour and Deputies J.B. Fox of St. Helier and K.C. Lewis of St. Saviour to the Working Group.

Discussion

The Working Group met on a number of occasions and undertook the following consultations to inform their review –

• A public meeting was held on 6th July 2009 at St. Lawrence Parish Hall .
• A  questionnaire  was  circulated  to  all  members  of  the  States Consultation Group, made available online and also in hard copy at Parish Hall s, Customer Access Centre, the Public Library, Parking Control office and TTS South Hill offices.
• Members of the Working Group met with the Comité des Chefs de Police on 21st July 2009.
• Representatives from the States of Jersey Police attended a meeting of the Review Group on 10th August 2009.

The  interest  generated  by  the  consultation  exercise  clearly  shows  that  speed  of vehicles is an issue for the Public. A total of 839 people completed the questionnaire either online or by hand and a further 58 people wrote in to the Department. In addition, 30 people attended the public meeting in St. Lawrence .

The  results  from  the  questionnaire  are  attached  at  Appendix B  (excluding  the individual comments) but the key findings from the questionnaires regarding speed limits can be summarised as follows –

1. 66% of respondents wanted the current policy changed.

Of those people answering the following specific questions:

2. More people wanted to maintain a maximum speed limit of 40mph than wanted it changed. In fact, there was almost an equal number of people wanting the maximum limit increased to wanting it decreased.
3. More than half of people who responded (55%) wanted to keep the maximum speed in urban/built-up areas as 30mph.
4. 83% of people answering wanted to retain a 20mph maximum speed in housing estates and distinct residential areas.
5. 51%  of  people  wanted the  maximum  speed  limit in  Green  Lanes raised to 20mph whilst 31% wanted to see it retained at 15mph.

Regarding accident prevention and road safety methods:

6. 62%  of  people  supported  the re-introduction  of police  motorcycle patrols.
7. 55% wanted to see an increase in the number of random roving police camera speed checks at accident black-spots.
8. 79% supported the installation of more electronic smiley/grumpy' speed alert signs.

The  questionnaire  also  allowed  people  to  make  comments  and  there  were 574 individual  comments  made  in  the  final  free  text'  box.  About  20%  of  these referred to specific locations and requested a change in speed limits; but the issue of enforcement – or lack of enforcement – also came out strongly, with over a quarter of respondents mentioning this issue. A typical comment made was that there's no point in changing speed limits if they are not enforced'.

Of the 58 letters received by TTS, almost half were specific to certain areas, Parishes or roads. In particular, a third were from residents of St. Clement , mainly supporting the  view  that  the  maximum  speed  limit should  be 30mph  throughout the  Parish, although  5 respondents  opposed  any  reduction.  The  remaining  comments  broadly echoed the views brought out in the questionnaires.

At the public meeting, 24 people spoke about their views and, once again, the lack of enforcement of the current speed limits was raised, as well as people wanting a lower limit in specific areas. The smiley/grumpy' signs were also fully supported, as was the use of non-static speed cameras.

The meeting with the Chef de Police focussed mainly on enforcement issues and supported the use of the smiley/grumpy' signs (Speed Indicating Devices or SIDS),

possibly funded by the Community Safety Grants Fund (CSGF). (Each Parish has since been supplied with a SID funded by the CSGF). They also felt that the 15mph speed limit in Green Lanes was too low and would support this being increased to 20mph.

The key issues discussed with the States of Jersey Police were mainly in regard to enforcement and, although not strictly within its remit, the Working Group considered this to be a crucial element of any Speed Limits policy. The following is a summary of issues/solutions discussed –

• Although speed can be an aggravating factor in collisions, only in 3% of  recorded  collisions  was  speed  determined  to  be  a  contributory factor.
• The operational cost of using Police staff on speeding offences is high and they need to utilise limited resources where there is the greatest benefit/return.
• The  use  of  LASTEC,  which  can  process  20 times  the  number  of offenders  at  the  roadside  than  previous  speed  detection  methods, showed that the administration following the offence was a major issue – the Criminal Justice Unit and Parishes could not cope with the numbers.
• Smiley faces' signs can identify the time of offences, which can lead to  targeted  surveillance,  which  is  of  greater  benefit  than  random checks.
• There is an issue with the public seeing the prosecution of speeding motorists as simply a means of raising revenue, and it is unlikely to change behaviour.
• Currently, repeat offenders are difficult to identify at Parish level. It would  be  beneficial  to  extend  the  Article 89  power  to  allow Centeniers to fine at a higher level and introduce a driving licence- based record system.
• Changing speed limits and heavy policing is not the whole answer. Perhaps the introduction of Driver Improvement Courses should be considered, as has happened in the UK.
• A  penalty  points  system  administered  at  Parish  level  through  the Driving  Licence  System,  with  drivers  given  the  choice  between penalty points and Improvement Courses, could provide an answer to the heavy administrative workload currently required and address the issue of repeat offenders.

A general issue raised in the consultation is that of the public criticising the current 40mph speed limit, which applies to many of the smaller Parish lanes, where clearly this is not an appropriate speed. One proposal raised is to introduce a "default" Island- wide  speed  limit  based  on  the  character  of  the  road  on  which  a  driver  finds themselves. In particular, those roads with no centre white line (because vehicles

cannot pass easily) could have a default speed limit of 30mph. The presence, or not, of the centre line would indicate the default limit without the need for other signage.

Following the completion of the Review Working Group report, the Law Draftsman and Law Officers have been asked for an opinion on the feasibility and practicality of this proposal. The Law Draftsman has indicated that this could be achieved by using the power to amend the Law by Regulations (Article 21 of the Road Traffic (Jersey) Law 1956). Law Officers' advice has been sought on whether such a change to the Law could be enforced. The Law Officers have indicated that while such a change to the Law is not inherently mischievous, such a rule would need to be capable of being easily  understood  and  it  is  important  that  public  awareness,  both  to  visitors  and residents, be heightened to its existence.

Some concern was also raised by a number of respondents, and the Working Group themselves, that the decision of the Minister for TTS in regard to a speed limit was final. There is currently no appeal process whereby the decision of the Minister for TTS  can  be  reviewed  independently.  For  this  reason,  it  is  proposed  to  set  up  a mechanism by which a three-person Appeals Panel can be formed to give an opinion on the reasonableness of any refusal for changing a speed limit taking cognisance of the States of Jersey approved Speed Limits Policy.

The Working Group did not go into detail on the formation of the Panel, but did recommend that members of an Appeals Panel should not adjudicate on limits within their own Parish/constituency, and that an independent person should sit on the Panel alongside politicians, one of which should be a Connétable . To enable this, a group of politicians  and  lay-people  would  need  to  be  established  from  which  to  draw  a minimum three-person Panel for each appeal. The final composition of each Appeal Panel would need to be agreed between the Minister for TTS and the appellant.

It is proposed that appeals be made by either the Connétable of the Parish or the States of Jersey Police, to ensure that the Appeals Panel were not overwhelmed by individual requests. It should also be noted that under current legislation, the Minister for TTS remains the person responsible for speed limits on roads, so all decisions of the Appeals Panel which overturn that of the Minister would have to be formally approved by the Minister.

Review Group Conclusion

The Working Group drew the following conclusions from the consultation exercise –

1. The maximum Island speed limit should remain at 40mph for cars (30mph for vehicles over 3.5 tonnes laden weight).
2. The 15mph speed limit in Green Lanes is too slow and should be raised to 20mph.
3. The speed  limit  for  the  smaller  Parish  lanes,  where  larger  vehicles  have difficulty passing, is too high at 40mph and should be reduced.
4. There is a grey area of interpretation which relates to the definition of a built- up area and hence the appropriate speed limit. The Working Group considered that the Island Plan designation of a built-up area was broadly in line with

their views of areas that should carry a 30mph speed limit. For instance, parts of St. Clement which are now 40mph and also some village centres which are 20mph would, and should, become 30mph.

5. There  should  be  an  appeals  mechanism  after  a  decision  is  made  by  the Minister for Transport and Technical Services, so that a Connétable or the Police can ask for a further review of the decision.
6. Enforcement, or the lack of it, is a major issue with many people; and if a system could be introduced which the Parishes could administer and was cumulative on the number of offences (such as a penalty points type system), a greater deterrent would exist.
7. The smiley/grumpy' faces are supported as a means of alerting drivers to their speed and recording much-needed information on actual speeds of all vehicles passing which, in turn, helps target enforcement.

Review Group Recommendations

The following recommendations were made by the Working Group –

1. A simplified structure of speed limits should be introduced as follows –

• An Island-wide maximum speed limit of 40mph for cars (30mph for certain vehicles such as those over 3.5 tonnes laden weight).
• A lower limit of 30mph in urban/built-up areas and roads with no centre line.
• A 20mph limit in Green Lanes, housing estates and distinct residential areas and part-time at schools.

2. The definition of a built-up area should have regard to the built-up areas as specified on the current Island Plan.
3. An Appeals Panel should be set up to consider decisions made by the Minister for TTS which the Connétable or the Police do not agree with. The Minister for TTS remains the person responsible for speed limits on all roads, so all decisions of the Appeals Panel which overturn that of the Minister for TTS would have to be formally approved by the Minister for TTS.

The Working Group also felt that further recommendations stemmed directly from hearing the views of the public and the Police but were not directly within the remit of the Group:

4. Greater use to be made of smiley/grumpy' signs; and the Group recommends that funding be made from the Community Safety Grants Fund (CSGF) with the Parishes responsible for managing and regularly moving the signs. These will add to the ones already owned and operated by some Parishes. The active monitoring of the information these signs provide should lead to targeted surveillance by the Parishes. (Subsequently, SIDS have been provided to all Parishes, funded from the CSGF.)

5. Although the Working Group acknowledged that enforcement was not strictly within the remit of its deliberations, itis clear that this issue runs parallel to any Speed Limits Policy. For this reason, the Working Group concluded that the introduction of a penalty points system, adapted for Jersey, should be considered by the Minister for Home Affairs. If it were possible for such a system  to be  administered  by  the  Parishes,  utilising  the  Driver's  Licence computer system and without recourse to the Criminal Justice Unit at Police HQ, enforcement could be managed at the parish level and not impact on the judicial  system  until  the  point  is reached  where  an  offender  has  accrued enough points that the licence may be removed. This final decision must be for the Court to decide. Furthermore, consideration should be given to include an option of driver training/awareness courses as an alternative to heavy fines.
6. The Working  Group  recommends  that  the  Minister  for  Home  Affairs investigates  the  possibility  of  on-the-spot  fines  for  admitted  speeding offences, as this would greatly reduce the paperwork involved with driving offences.
7. The Working Group strongly recommends the re-introduction of the police motorcycle unit, as this unit provides a strong deterrent and fast response.

Subsequent to the publication of the Speed Limits Review Working Group report, Transport  and  Technical  Services  have  received  representation  from  the  Tourism Department opposing the proposal to raise the Green Lane speed limit to 20mph. However,  given  the  support  of  the  Comité  de  Chefs  de  Police,  the  consultation responses, and the support of the majority of Connétable s, the Minister for Transport and Technical Services has decided to include the recommendation of the Working Party to increase the speed limit in green lanes to 20mph in the Proposition.

Financial and manpower implications

1. Speed  limits  changes  are  enabled  by  amending  the  Road  Traffic  (Speed Limits) (Jersey) Order 2003, and installing signage on the roadside. Should more requests for speed limit changes be brought forward as a result of this proposition being successful, then amendments to the Road Traffic (Speed Limits)  (Jersey)  Order  2003  requiring  Law  Drafting  resources  will  be required.  TTS  would  anticipate  providing  and  maintaining  the  required signage from existing budgets. There will also be a cost to changing the 15mph signage to 20mph on Parish Green Lanes, estimated at £20,000 across the 10 Parishes which have Green Lanes. This cost would be borne by the respective Parish Highway Authorities.
2. There are no cost implications to forming an Appeals Panel.
3. TTS and Home Affairs will need to allocate officer resources to progressing an  investigation  into  the  potential  safety  benefits  of  a  fixed  penalty  and penalty points system.
4. Modest officer time from Law Drafting and TTS will be required to give legal effect to those measures requiring amendments to the Road Traffic (Jersey) Law 1956 by Regulations.

APPENDIX

APPENDIX A [TO THE APPENDIX]

APPENDIX B [TO THE APPENDIX]