Vehicle idling: guidance for local authorities

2. Vehicle idling enforcement – How to use the powers

This section sets out the roles of local authorities when undertaking vehicle idling enforcement.

2.1 Designation

Local authorities do not have to be designated to monitor and issue a FPN for vehicle idling. Designation is only required if the local authority wishes to undertake emissions testing and issue FPNs for emissions offences, which they may choose to pursue in addition to monitoring for vehicle idling.

2.2 Authorised Persons

To undertake vehicle idling enforcement a local authority must authorise a person(s) for this duty. There are no statutory requirements for the authorisation - it is for individual local authorities to choose how to do this. The local authority may authorise an officer of that authority, or any other person to monitor vehicle idling. No specific training is required for this role, but as this person is the public facing authority with the power to require drivers to switch off their engines, disclose personal identification information, and also issue FPNs for stationary idling offences, it is recommended that they are aware of relevant vehicle idling information. Both local authority officers, and where a local authority opts to contract a third party to monitor for vehicle idling enforcement, contracted parties must have regard to the content and procedures in this Guidance in carrying out their role in relation to statutory idling offences, and must be able to produce evidence of their authorisation when exercising their power under regulation 12(1) of the 2003 Regulations. It should be noted that stationary idling and the other offences referred to in this guidance are not exempt from the corroboration requirement. Although certain aspects of idling enforcement can be undertaken without corroboration, for example general monitoring for idling and requesting that a driver of a stationary idling vehicle switches off the engine, it is best practice for authorised persons to work in pairs if there is a likelihood that FPNs will require to be issued or idling offences reported to the Procurator Fiscal.

The duties of the Authorised persons include:

• Require drivers to stop the running of their engines when stationary.
• Provide advice to vehicle users on the impacts of vehicle idling.
• Issue Fixed Penalty Notices to drivers who they consider to have committed or are committing a vehicle idling offence.
• Record monitoring activities.
• Liaise with police officers, highway authorities and other agencies as necessary.

2.3 When is a driver committing a stationary idling offence

Where an authorised person observes a vehicle idling incident, provided that none of the circumstances outlined below applies, the driver is committing a stationary idling offence under section 42 of the Road Traffic Act 1988.

Regulation 98(2) of the Construction and Use Regulations sets out the circumstances where vehicles are permitted to be stationary with the engine running:

• where a vehicle is stationary ‘owing to the necessities of traffic’ – e.g. when vehicles are queuing at traffic lights;
• where an engine is being run so that a defect can be traced and rectified - e.g. when a disabled vehicle is being attended to by a breakdown / recovery agent;
• where machinery on a vehicle requires the engine to be running – e.g. where the engine powers refrigeration equipment or the compaction equipment in a refuse vehicle; and
• where a vehicle is propelled by gas produced by the functioning of plant carried on the vehicle.

The driver does not have be inside the vehicle to commit a stationary idling offence and should the driver return to the vehicle, the authorised person may consider whether it is appropriate to use the power in regulation 12(1) in relation to the stationary idling offence and take further action as appropriate. Should the driver not return to the vehicle, the matter should be reported to Police Scotland.

If a driver has left a vehicle with its engine running, they may, in addition to the statutory idling offence, have committed a second offence under section 42 of the Road Traffic Act 1988 as regulation 107 of the Construction and Use Regulations prohibits leaving an engine running in an unattended vehicle except in certain circumstances. This offence may be reported to Police Scotland, or where a report is otherwise being made to the Procurator Fiscal, the Procurator Fiscal.

2.4 Warnings and Fixed Penalty Notices

Given the desired outcome of shifting driving behaviours, it is recommended that where a stationary idling offence is observed, the authorised persons first approach the driver committing the offence, produce evidence of the authorised person’s authorisation, explain that stationary idling is an offence, and require the driver to switch off the engine. If the driver stops the engine, a warning may be sufficient under the circumstances. However, an FPN may be issued at this point, if the authorised person considers it appropriate to do so; issuing an FPN is discretionary, and it is for the authorisation person to consider whether this is warranted in the circumstances.

Where a driver has been requested to stop running the engine of a vehicle, that person can be required to provide identification information, including name, address and date of birth, and where the vehicle is not registered in the driver’s name, the name of the registered keeper. It is an offence not to provide this information.

If the driver refuses to switch off the engine, and none of the permitted circumstances applies, the authorised person may then choose to issue an FPN for a stationary idling offence or, alternatively, consider reporting both the stationary idling offence and the offence of failing to comply with a request to stop running an engine. Although there is no statutory requirement to first issue a warning requesting drivers to switch of their engine, we recommend only issuing an FPN if a driver does not comply with the request to switch off the engine. A further FPN can be issued to the same driver if they are caught idling on a subsequent occasion or consideration may be given to reporting the stationary idling offence to the Procurator Fiscal.

The 2003 Regulations provide that an FPN should be issued at the time when an authorised person considers that a statutory idling offence has been committed and so should be issued during the engagement with the driver.

An FPN provides an opportunity to discharge criminal liability for the stationary idling offence as an alternative to criminal prosecution. Under the 2003 Regulations, no proceedings may be taken against the recipient of the FPN until the expiry of the payment period unless the recipient has requested a hearing. Where the recipient pays the penalty within the payment period, the recipient may not then be convicted of the stationary idling offence.

An FPN must include the following information:

• the name and address of the person to whom the FPN is issued;
• the registered number of the vehicle concerned;
• the date of the offence;
• the amount of the fixed penalty to be paid (£20.00);
• the address at which the fixed penalty may be paid and to where any correspondence relating to the FPN may be sent;
• the person to whom, the address at which, and the period within which the recipient may request a hearing in respect of the offence to which the FPN relates;
• the method or methods by which payment of the fixed penalty may be made;
• the period for paying the fixed penalty;
• the period during which proceedings will not be brought (28 days following the date of the FPN or such longer period if specified in the FPN;
• the particulars of the circumstances alleged to constitute the stationary idling offence; and
• the consequences of the Fixed Penalty not being paid before the expiry of the period for making payment (i.e. the Fixed Penalty will be increased to £40).

The penalty amount for an FPN in the 2003 Regulations is set at £20.00 to drivers in the case of a stationary idling offence. Where the recipient of an FPN has not requested a hearing and has not paid the fixed penalty before the end of the payment period, the penalty amount increases to £40.

2.4.1 Income from FPNs

Local authorities are permitted to retain income generated from FPNs which could be used to support further idling enforcement work.

2.5 Offences

Regulation 12(2) of the 2003 Regulations makes it an offence not to comply with a request made by an authorisation person to switch off the engine of an idling vehicle and the driver is liable upon summary conviction to a fine not exceeding level 3 on the standard scale. The authorised person should consider whether in the circumstances, referring this offence, along with the stationary idling offence to the Crown Office and Procurator Fiscal Service (COPFS) would be the appropriate course of action, taking into account the COPFS guidance: Reports to COPFS: a guide for specialist reporting agencies | COPFS who will then assess the sufficiency of the evidence and decide whether or not it is in the public interest to pursue criminal proceedings. Consideration of the circumstances could include the location of the stationary idling offence, as well as any previous incidences of vehicle idling.

As set out in section 2.4 above, Regulation 14(2) also makes if an offence to fail to provide certain personal information if requested to do so by an authorised person. This offence is also punishable on summary conviction by a fine not exceeding level 3 on the standard scale. Noting that in the absence of this identification information, it may not be possible to report the matter to COPFS, consideration should be given to whether this offence along with the stationary idling offence should be reported to Police Scotland.

2.6 Reporting

It is recommended that local authorities keep an internal record of vehicle idling enforcement activity. The reporting format is at the discretion of the local authority (quarterly, 6-month, annually etc.) and suggest the reporting information includes:

• number of FPN issued;
• number of warnings issued following compliance with a requirement to shut off the engine of a vehicle;
• number of pre-planned patrols and number of staff carrying out these patrols; and
• number and type of complaints received for vehicle idling.

There is no requirement for the information outlined above to be sent to the Scottish Government.

2.7 Public engagement

Changing driving behaviours – encouraging drivers to switch off engines when their vehicle is stationary – is key to addressing localised air quality and nuisance issues. While there is no requirement for local authorities to advertise that they are undertaking vehicle idling enforcement in their area, local authorities may wish to use public engagement tools to inform drivers that vehicle idling is an offence, for example utilising existing social media accounts or education campaigns to promote behaviour change.