loading/unloading code of practice - Freight Transport Association

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section 1 IntroductionAims and objectivesThe aim of this code of practice is to bring togetherstakeholders to work collectively to improve thecompetitiveness of UK business.The objective of this code of practice is to promotebest practice amongst business, traffic authoritiesand parking enforcement contractors to findpositive and effective solutions where loading/unloading is an ongoing problem.BackgroundDelivery and servicing is vital to the UK’seconomy. With limited road space and competingdemands, ensuring appropriate loading/unloadingarrangements are available is very challenging.The situation can be exacerbated when there isincorrect enforcement, when drivers ignore therules and when communication between trafficauthorities and delivery companies is inconsistent.In order to address this increasingly criticalconcern the major business and industry groups/organisations that represent the interests ofthousands of businesses which either receive ormake deliveries of goods and services in Londoncame together in early 2005 to try and address theproblems with deliveries, loading/unloading and topromote best practice.On jointly re-examining the issue it becameapparent that there were a whole range ofconcerns that needed to be resolved – strategic,administrative, organisational and system related.At the same time there were pockets of progressand various initiatives underway to improve thedelivery and servicing situation on the ground.The chosen way forward was to undertake a coordinatedpartnership approach, involving all thekey stakeholders – businesses, traffic authorities,London Councils and parking enforcementcontractors.In 2008, part 6 of the Traffic Management Act 2004was implemented. This somewhat harmonisedthe previously differing rules in London and therest of England and Wales. Since then, more andmore local authorities outside London have beengranted Civil Parking Enforcement powers. As such,this document is no longer London-specific but hastaken on a national focus.There has been a conscious effort to involverepresentatives of each of the stakeholders indeveloping this code of practice. The aim is toestablish this as an authoritative document that willbe useful for all those involved, resulting in a muchimproved situation on the ground.This shared document sets out commonly agreedprinciples to improve communication and makethe system work as best as it can. It is in everyone’sinterest to save time and resources by reducing thenumber of Penalty Charge Notices (PCNs) issuedthat relate to deliveries that are undertaken incompliance with regulations and are subsequentlyoverturned on appeal with the supply of suitableevidence.How to use this documentThis document should be incorporated into trainingprogrammes and used as a reference guide for allthose involved in delivery and servicing, parkingenforcement and traffic management, to ensurethe widest possible dissemination of best practice.How is enforcement carried out?Traffic authorities can enforce parking and certaintraffic regulations either by using civil enforcementofficers who patrol the streets who can issue PCNsor via CCTV cameras (see section 5). There aretwo other circumstances where a PCN may beserved by post. Either where the civil enforcementofficer has been prevented from serving the PCNby obstruction or threats of violence or where thePCN has started to be issued but the vehicle hasbeen driven off before it has been placed on thewindscreen.What is loading/unloading?The rules for loading and unloading differ fromthose for other parking activities. Traffic orders thatrestrict or prohibit waiting in a street may exemptthe loading or unloading of goods. Some authoritiesdesignate kerbspace just for loading.Loading or unloading must be continuous whilethe vehicle is parked in restricted areas. It includestaking goods to where the recipient may reasonablyrequire them in the premises, waiting for them to bechecked, getting delivery or collection documentssigned and returning to the vehicle. Delivery staffare expected to secure their vehicle when they are
not with it and a vehicle can legitimately be lockedduring some of these stages. Once the deliveryprocess is complete, however, the driver mustmove the vehicle even if it is within the maximumperiod allowed for loading or unloading.Observation periodsThe purpose of an observation period is for a civilenforcement officer to observe any evidence ofloading/unloading activity at a vehicle in an areawhere parking is restricted, but loading/ unloadingis allowed. The length of the observation period,depends on the traffic authority, the type ofcontravention and often on the vehicle type. Itshould be noted that observation periods arediscretionary on the part of the traffic authority,but authorities should publish their observationperiods and ensure their civil enforcement officersfollow them.Neighbouring authorities covering a continuousurban area should set the same observationperiods, as drivers may not know exactly whereone local authority area ends and another starts.There are two types of observation: casual andcontinuous. For casual observation, the standardprocedure is for the civil enforcement officer tonote vehicle details when they first see a possiblecontravention taking place and to return a shortwhile later or at intervals to see whether thereis any sign of loading or unloading. If not, the civilenforcement officer will issue a PCN.For continuous observation, the standardprocedure is for the civil enforcement officerto note the vehicle details when they first see apossible contravention taking place and stay nextto or near the vehicle, keeping it in sight at all times,for a set period (usually at least five minutes) to seeif there is any sign of loading or unloading. If not, thecivil enforcement officer will issue a PCN.An observation period is not a grace period. A graceperiod is a period of time where a contraventionis taking place but the authority chooses not toenforce.
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loading/unloading code of practice - Freight Transport Association

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