London borough proposes using Public Spaces Protection Order to tackle idling cars

The London Borough of Richmond Upon Thames is to consult on a Public Spaces Protection Order (PSPO) that would allow action against drivers who leave vehicles’ engines idling because it thinks current legislation is unworkable.

This would be done either by a bespoke order or an amendment to an existing one, with fines of up to £100 available.

A report for the council’s regulatory committee said idling vehicles were “a major concern in the borough, with around 10,000 interventions made by civil enforcement officers each year”, though only one fine had been issued.

Despite these interventions, idling remained “consistently high” and the council had to consider further measures to achieve its new air quality objectives.

The report noted an idling engine can produce up to twice as many exhaust emissions as one in motion including from carbon monoxide, nitrogen dioxide, and particulate matter.

It said the present legislation was “considered out-of-date and more or less practically unenforceable” as it relied on a driver complying with a request to turn off their engine, and being required only to give a name and address if they refused. The enforcement officer must then continue to monitor before a fine could be issued.

“In the real-world, drivers that don’t comply or make it clear they don’t want to comply, will simply drive off and continue the same behaviour elsewhere,” the report said.

Richmond had tried an informal educational awareness approach where drivers are asked to switch-off, but this had seen only the one fine issued.

The report pointed to the London Borough of Hillingdon, which had used a PSPO to tackle idling with some 7,200 fixed penalty notices issued.

The South London Legal Partnership, to which Richmond belongs, said: “Here, where the car is idling outside set parameters, then the PSPO offence can be committed. The definition of ‘reasonable excuse’ will require proper definition to avoid it precluding those travelling on the public highway that are in traffic awaiting their lawful progress.”

Mark Smulian