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Protesters against a new motorcycle parking tax take their case against Westminster City Council to the High Court, but will justice be done and seen to be done?

I have been watching events at close quarters as Westminster Council try to roll out a new parking tax for scooter and motorcycle riders. One way or another this saga could well become a turning point in the way that Traffic Act legislation is used in Britain as a cover for local authorities to tax motorised use of public highways. As it happens, I’ve also been doing what I can to guide all concerned towards a truly sustainable solution to the massive problems this regressive scheme has caused.

Recently this involved me being at the High Court for two days while the NTBPT case against the scheme was being considered. The case included a large amount of written evidence from both sides and an extensive witness statement from me as an independent Motorcycling Policy expert. I give my account of the proceedings below but first of all I set out what I think should happen next.

In my opinion, there is only one solution to the current mess that Westminster have got themselves into that is truly sustainable on all relevant levels, and it is simple. They should take steps to withdraw this totally unnecessary and unjustified tax and bin all plans to roll out such schemes to create a new nationwide revenue stream for local authorities. (For more details of this issue go to Crossroadsrider.com)

The bottom line for me is that the council have not made any plausible case to justify the scheme as a traffic management measure. What their ‘reasons’ for the scheme amount to is a misuse of Traffic Management Act legislation and spurious references to a need for new charges to ‘manage demand’ for parking scooters and motorcycles on parts of the public highway that have already been established for that purpose.  Fortunately in my view there is a golden opportunity to make real progress towards a really sustainable solution.

As I have already suggested to Cllr Lee Rowley, the new guy in charge of the scheme in Westminster, he needs to take a golden opportunity presented by his current review of the whole saga and tell his colleagues that there are a great deal more disbenifits arising from trying to keep it in place in credit crunched Britain than benefits. He expressed enthusiasm for having a second meeting with me last time we spoke which I hope will happen soon.

In the meantime here is my summary of the NTBPT claim against Westminster City Council’s bike parking tax scheme. In essence the claim is that the Traffic Orders for the permanent scheme issued in Jan 2010, were not made according to all relevant regulations and that therefore the scheme is illegal and must be scraped.

And this is my take on how the hearing went…

There is no doubt that the authorities are taking this case extremely seriously as it was heard not by one judge, but two, including one of high seniority, Lord Justice, Sir John Pitchford.

During the first day he actually told the claimant’s barrister with a smile that he might be “pushing at an open door”. During the morning of day two, the NTBPT barrister made a series of well made points that caused the Westminster team to quite literally hold their heads in gloom. However, during the afternoon, the WCC defence barrister made a series of loose points and claims that the judges said were “unsubstantiated”. At one stage the proceedings took on an almost farcical tone as the Judges tried to get a clear idea of what the Western extension of the Congestion Charging zone was – and if it had anything to do with the case. Then, worryingly for all concerned with the claim, it seemed that the input from the defence was mostly accepted by the judges as a legitimate contribution to considering the pros and cons of the case. It seemed to me that the defence were being allowed to waffle about more or less anything without being held to account by the Judges on whether Westminster Council had really done what was legally required to justify making the scheme permanent. The simple two part question that was never asked of the council was this: What exactly is the problem you are saying you ‘need’ a new charging scheme to solve – and where is your evidence that you can’t address that problem fully with the immense amount of powers you already have to control parking of all vehicles on every inch of highway space under your management?

Obviously that did not bode well for a ruling against the new orders for the scheme…

In summarising where we ended up, I would suggest that it is impossible to say what the ruling will be, as there was so much written evidence that was only referred to briefly in the court. But although I still have some hope for a ruling in favour of the claim, there is a tremendous amount at stake here which the Judges revealed they were aware of. So, I have to strongly advise caution about assuming that just because the council did not really justify their new tax to the court, that the court will tell them to scrap it.

As far as I’m concerned some good points were scored for the claimants, but the NTBPT barrister may have put too much emphasis on a string of legal points drawn from previous cases than clearly spelling out the fundamental key points of the case against Westminster – even though the judges asked him to do just that on two or three occasions throughout the hearing.

So, here is my view of what the case is really about: The WCC Traffic Orders in question for the permanent scheme, made in Jan 2010, say that the main ‘reason’ to impose a new bike parking charge for on-street bays is a “need to manage demand for kerbside space” the key arguments against the scheme in my opinion are these:

1. WCC already had all the powers it needed to ‘manage’ and control parking of all vehicles, including motorcycles but without the new charging scheme.

2. The council has not made any case at all to justify an extension of their existing parking control powers, or produced a shred of evidence to support their waffled claim that charging bikes to park in existing on-street bays will make anything better.

3. The key reason that WCC gave for charging during the ‘trial’ scheme was to pay for better bike parking facilities, but that was dropped when it came to making the Traffic Orders to make the scheme permanent because as a matter of fact, all on-street motorcycle parking facilities in the form of bays and security devices that are subject to charging under the NEW orders made in January 2010, were all in place and paid for BEFORE the new orders were made.

4. No case has been made to show or evidence produced to prove that the imposition of a new charge for parking in on-street M/C parking bays has any impact whatsoever on WCC’s ability to manage demand for it.

5. The only truly plausible motive and reason for the new charges that Westminster have admitted to is a desire to use surplus revenue from the new scheme to address a fall in revenue from car parking.

The judges have said it may take them up to two weeks to reach a decision and issue a ruling so roll on July 9th…

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2nd July 2010 by leonmannings

Boris gives go-ahead for new bikes in bus lanes trial

Finally I can report what I regard as great news from the Mayor of London regarding the bikes in bus lanes trial, and explain why it’s such good news. As I was told last week during recent talks with the Mayor’s transport advisor, Kulveer Ranger, but sworn to keep under wraps, Boris Johnson, Mayor of London, has commissioned a new trial to look at the evidence for a permanent bikes in bus lanes ruling.

So, despite his controversial face to face clash with the No To Bike Parking Tax protesters in Trafalgar Square on 2nd June, in which he appeared to be “threatening” bikers, as the BBC and I reported in post below – by saying that motorcycle access to bus lanes would end unless their protest against the Westminster bike parking tax stopped – the mayor has now decided to sanction a new trial of the bikes in bus lanes measure.

The important thing about this decision is this. The results of the most recent 18 month trial, which ends on 5th July, were too mixed and thereby limited to be sure if there is an overall benefit to all road users from allowing motorcycle riders to share use of bus lanes with cyclists and taxis. But now, after extensive analysis by Transport for London (TfL) of results from the latest trial,  Boris has announced that a new experimental scheme will start on July 5th July and run for another 18 months in order to gather enough evidence to reach conclusions that TfL and other transport authorities can rely on to make a conclusive decision about whether to make bike access to bus lanes a permanent measure or not.

Basically this is what’s happened and where we are now. An independent report of the most recent 18 month trial, which ends on 4th July, found positive results including that fears of an increase in collisions with cyclists have proved unfounded. However the Mayor has decided some important questions remain; particularly in relation to an increase in collisions between motorcyclists and cars turning in or out of side roads where motorcycles have access to bus lanes.
Now, the new experimental scheme will start in July and run for eighteen months, in order to gather more safety evidence for the Mayor to be able to make a conclusive recommendation about whether to make bike access to bus lanes a permanent measure or not.

Mayor Johnson exclusively told me as transport policy consultant to MAG and columnists for MSL: “I am honouring my pledge to let independently gathered evidence and analysis be the deciding factor about the overall impacts of the bikes in bus lanes measure.” He added that motorcycle and scooter riders “have made a persuasive case to be able to use TfL’s bus lanes, and if the prospect of quicker, easier journeys encourages more people onto two wheels then that will be for the good of everyone using our roads.”

Lastly he says that “the initial trial has shown positive results and the chaos that was predicted by some doomsayers has clearly not materialised.”

As far as I’m concerned, I am really delighted by the Mayor’s decision. Unlike his predecessor Ken Livingstone, to Bojo has had the balls to place hard evidence above political expediency and I genuinely believe that all concerned now have an invaluable opportunity to discover the full potential of this measure. It is also great to see that the new trial will be examining potential environmental and traffic flow benefits in addition to the key aim of researching and developing ever better ways to enhance safety for all for all vulnerable road users.

I was also briefed on the results of a separate study by TfL that used police traffic officers to study journey times in bus lanes. It  indicates that journeys made by motorcycles or scooters using bus lanes are, on average, more than 10 per cent quicker than those not using bus lanes and 36 per cent quicker than cars.

And Kulveer Ranger, the Mayor of London’s transport advisor, told me this. “One of our key policy areas is smoothing traffic flow and allowing motorcyclists to use bus lanes can contribute to that aim. We already know people on two wheels can get around London more efficiently than those using four and believe they should be able to do so in bus lanes without affecting the safety of other road users. Kulveer went on to say: “Our trial has seen a number of successes but we want to tackle the issue of collisions with cars going in out of side roads. That is why the Mayor has advised that we run a second trial alongside a road safety campaign and training for motorcyclists. We also want to urge the motorcycle community using bus lanes to ride with respect and with a focus on reducing speed and increasing safety.”

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17th June 2010 by leonmannings

Boris Johnson filmed ‘threatening’ to stop bus lane use by motorcycle and scooter riders – unless protest against WCC bike parking tax is called to a halt

In an extraordinary outburst from Boris Johnson, London’s Mayor, broadcast by BBC news, he makes what NTBPT protesters have called a “threat” to stop motorbike access to bus lanes – unless they stop protesting against Westminster’s highly controversial motorcycle parking charging scheme. This episode has now also been reported by Guardian blogger Dave Hill

The mayor can be clearly seen and heard saying: “Do you want to stay in bus lanes?” To which the rider at the protest says “of course we do” – with the Mayor replying: “Well stop this protest”.

In response, Warren Djanogly, Chairman of the No To Bike Parking Tax group,   said: “This would seem like a thinly veiled threat, bordering on blackmail.”

A fuller report of the incident was aired on BBC London News as the headline story for their lunchtime bulletin today.

The bikes in bus lanes measure to which the mayor refers is being run as a trial throughout the whole Red Route network of strategic roads in the capital.

But as it happens and with a bizarre coincidence of timing, the trial version of the measure is due to end with an independent report on the results due for submission to TFL this month.

Up until today, the Mayor had made it clear that the decision to keep bikes in bus lanes would depend entirely on the results of the report which is being conducted by TRL. Sources tell me that the trial results are likely to show that casualties involving cyclists have dropped in bus lanes which are shared with motorcycle and scooter riders. If so, that result alone should make it very difficult for our avid cyclist mayor to turn the clock back and stop motorbike access to bus lanes – as it may well cause a rise in casualties to his fellow riders.

As ever, we will have to wait and see what happens next. But my hope is that the Mayors’ newly focused concerns about the bike parking tax protest will now be focused on discussions about the real cause of that problem, namely the Westminster City Council scheme – which is not only hugely unpopular and has no demonstrable traffic management benefit – but according to the council is now running at a shocking loss. As it also happens I will soon be meeting with the new Westminster City Council Cabinet member who has inherited responsibility for this ill-conceived scheme and will be hoping to find a way forward that is truly sustainable and good for all concerned – including our colourful mayor!

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4th June 2010 by leonmannings

New Transport Minister pledges to “End war on Motorists” and increase value for money from ‘improvement’ projects

Philip Hammond MP, is the new Secretary of State for Transport and starts his term of office with pledges to end the ‘war on motorists’ while putting greater pressure on transport project developers to deliver better value for money.

These bold pledges are reported by the Telegraph who stress the end of UK policy trends over recent years that many see as a ceaseless drive to constrain private vehicle use and increase the scale and scope of charging schemes and motoring taxes. And whatever the merits may be of prevailing emphasis on such constraints it flies in the face of the harsh facts of transport life in Britain. Private vehicles in the UK facilitate over 75% of all passenger transport and a similarly large proportion of moving the freight and goods on which the nation’s health and economy depend. Anyway, the Independent goes in a similar direction to the Telegraph here, but also points out that Transport seems an obvious target for cuts.

Speaking for the motorists, Edmund King of the the AA welcomes the new minister but also makes a plea for greater coherence in policy development by asking that the new government supremo stays in post for longer than the recent succession of predecessors. This point is well made and one that many transport professionals would heartily endorse. A more sceptical response to the pledges about the new direction for future developments is aired at pistonheads.com. They ask a simple question. Will the Tories live up to pledges to reverse previous emphasis on speed cameras and government enthusiasm for spreading average speed camera systems throughout the UK?

Meanwhile, the Mirror emphasises that the change in leadership of the transport ministry puts a final nail in the coffin of proposals for a third runway at London’s Heathrow airport. But I am not alone in thinking that this is not a reliable assumption for the longer term.

In the context of rail, in London at least, the Evening Standard stresses that the new minister has vowed to finish Crossrail. My view on all this so far is based on limited evidence of what our new minister has to offer in the transport policy field. However, my sources tell me that Philip Hammond is unquestionably bright – and by all accounts so far, as good an egg as we could hope for in these challenging times. Even the Guardian describes him as an “Intelligent picador” As ever, we will all just have to wait and see…

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14th May 2010 by leonmannings

Will Lib Dem support for Nationwide Road Pricing win votes – or be a crucial clanger for Clegg?

Spotting a significant difference between the key proposals for transport by the three main UK political parties is, as far as I can see, close to a needle in haystack hunt. But there is one difference above all that could be a key factor in ending the ‘I agree with Nick’ craze that kicked off after the first televised leaders debate – and this could have a decisive impact on some key marginal seats including Richmond in London where transport and ‘motoring taxes’ are big bones of contention…

The Lib Dems want to “use road pricing revenue to cut fuel duty” according to an ePolitx.com summary in a concise and accurate list of key transports policy proposals by the three parties.

To be fair, the Lib Dems seem to think they have found a way to prevent a potentially devastating wave of objections to this proposal among a big majority of voters. Buried at the back of their manifesto on page 80, they say road pricing will not be introduced straight away but in “a second parliament” and that it would be “revenue neutral”.

But Lib Dem hopes that the UK electorate will trust any assurances about a new nationwide motoring tax, flies in the face of all the hard evidence of public opinion to date. The simple facts are that every time that the great British public have had a chance to vote on a proposal for a Road Pricing aka Congestion Charging scheme; 75% of them have said no.

Despite the massive efforts and even ‘bullying’ by the current Labour government to push such schemes in Edinburgh and Manchester, (which I investigated and reported on extensively during my time at LTT) all hopes to impose such schemes were emphatically crushed.

And, lest we forget or you didn’t know, all the truly well informed experts on this issue agree that the main reason that Livingstone got away with imposing his Congestion Charge in London was that he had none of the trappings of a major political party to bother with when he steamrollered the scheme onto the streets during his first term in office – as he had been chucked out of the Labour party before his election as mayor for daring to defy their choice of more biddable mayoral candidate.

It is also a fact that Londoners only had two opportunities to vote on a Western Extension of the central London scheme and 70+% said no on both occasions. The first was on whether to go ahead with it which Ken Livingstone ignored, and the second was to keep it or remove it which Boris Johnson respected.

Now, the Conservatives have distanced themselves from any plans for nationwide road pricing – apart from a scheme for lorries which presumably they hope will not grab widespread attention or adverse reactions. And although Labour have said they will not try to introduce road pricing in during the next parliament, there are responses to Freedom of Information Act questions to show they may be secretly plotting to introduce it if they could in due course.

All this leaves Nick Clegg and his Lib Dem parliamentary candidate colleagues standing alone as manifesto advocates of nationwide road pricing – with Labour quietly waiting in the wings with hopes of joining forces to introduce it. But, there is at least one place where there there is a good chance of this turning into a big clanger for the Lib Dems, namely Richmond. Since the creation of this constituency the seat has been held by Lib Dem stalwart, Susan Kramer, who is to my personal knowledge a very big fan of the whole Road Pricing idea. However, her opponent in this election is none other than Zac Goldsmith who I know from recent conversations is extremely focused on trying to deliver a win for him and the Tories.

In the interests of balance I should say that I know there are a few key figures in the upper echelons of the Conservative party who are still very keen on the road pricing idea, but at least the party whips and policy wonks have the political sense to ensure they stay schtum for now.

So, never mind how many politicians ‘agree’ with Nich Clegg, the Lib Dem link to a new nationwide motoring tax may disincline a significant number of voters from joining that gang…

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22nd April 2010 by leonmannings
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