Information suggestions and grounds of appeal for this contravention
SO YOU HAVE RECEIVED A PENALTY CHARGE NOTICE FOR BEING IN A BUS LANE. WHAT CAN YOU DO? YOU MAY BE SURPRISED...
Most appeals or informal representations will be on the basis that “There was no breach of the bus lane regulation / order” For example, the vehicle was not in a bus lane during its hours of operation, the restrictions were not properly signed or marked, the vehicle was exempt from the restrictions, the traffic order was invalid or the penalty exceeded the amount applicable, You can also appeal to the local authority on compassionate grounds.
Please remember that despite the fact that most Penalty Charge Notices state that you cannot appeal until an enforcement notice is sent to you after 28 days the local authorities who we have contacted do accept informal representations if made to them before the enforcement notice is served. They will also usually preserve the 50% discount for a further 14 days if they reject your informal representations so long as they received it within the discount period of 14 days. So you have nothing to loose by writing in within 14 days. (check with the local authority first.) This informal route is in addition to the normal appeal procedure so if they do not accept your representations then you can still formally appeal to them after the 28 days when you receive the enforcement notice and then appeal to the adjudicator if the enforcing authority reject your formal representations
Click here for the statutory grounds for appeal
If you are going to appeal or make a representation do not make payment until you have heard back from the local authority or the Bus Lane adjudicator or you may loose your right to appeal and the case will be closed.
You should state the facts and your letter should be no longer than absolutely necessary. You should remember that the person who reads your letter may well have discretion to cancel your PCN. It may not be helpful therefore to vent your anger or make threats. You should place yourself in the position of the person who will be reading your letter. Photographs, diagrams, witness statements etc can be extremely helpful. Many motorists carry a disposable camera in their car although nowadays many people have camera phones. Remember that you usually have nothing to lose by writing in within 14 days.
THE FOLLOWING ARE GROUNDS UPON WHICH YOU MAY BE ABLE TO HAVE YOUR PENALTY CHARGE NOTICE CANCELLED. PLEASE ALSO REMEMBER TO HAVE A LOOK AT THE ADJUDICATORS DECISIONS AS THESE ARE ACTUAL CASES SHOWING THE GROUNDS UPON WHICH MOTORISTS HAVE WON THEIR APPEALS.
Are the police taking action? - This offence used to be enforced by the police and a motorist could receive penalty points. Now the offence has been decriminalised and the maximum fine payable is £120 (reduced to £60 if payment is made within 14 days) the police can, however, still take action against you and if they do you will not be required to pay any penalty charge notice issued.
Was the offence captured correctly? - This offence is almost always enforced by a CCTV camera. Previously the Cameras were fixed at the road side like speed cameras but these were inefficient and the film had to be collected and viewed.There are a few still working though.! Now an operator in a control room observes the traffic on his monitors and if he notices a prohibited vehicle contravening the rules on Bus Lanes during the hours of operation then he will usually issue a penalty charge notice. The guidance issued to the operator in London (and we suspect elsewhere) states “The camera or observation should record the approach to and the passing of the sign(s) and subsequent movement by the vehicle including whether it parks, stops or travels along the restricted route”. The penalty charge notice will usually have a photograph showing your vehicle in a Bus Lane or there may be a web link to where you can view it online. If there is neither then write to the local authority and ask for a copy of the photograph. You also have the right to view the video of the contravention. Again sometimes this can be viewed online or at the council offices. Usually you can request a copy to be sent to you in the post but you may have to pay for this service. The adjudicator will probably want to see a video of your vehicle passing a sign and travelling along the bus lane. Some authorities provide only still images which will not show your vehicle moving or for how long it travelled or the passing of the signs. The adjudicator will need to have proof that a contravention did occur and that your vehicle did in fact travel along the bus lane for a distance. You should ask for a copy of the video to see if it clearly shows you passing signs. Usually it won't as many camera's aim at the front of a vehicle. They need to prove that you passed the required signs.
What is a bus? - Regulation 22 of the traffic signs regulations and general direction 2002 (b) (TSRGD) provide that a bus means "a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver)". Were you driving a bus?
The 20 metre rule - The guidelines for enforcement of bus lanes in London (and we suspect elsewhere) state that the operator should observe a vehicle travelling along a bus lane for at least 20 metres before he issues a Penalty Charge Notice. We hear of many instances where vehicles receive a penalty charge notice when they have clearly not travelled along a bus lane for 20 meters. For example simply cutting off the end of a bus lane or not able to avoid the first couple of metres or swinging in and out when a car in front suddenly stops. Councils are aware of this guideline but quite often ignore it. If you have received a PCN in these circumstances you should immediately write to the local council and point out that they did not operate within the guidelines. You could even complain to the local government ombudsman. There is also something called the crossover exemption and the adjudicators have also mentioned the 20 metre rule in relation to this exemption. (see cases below) 20 Metres is approximately 5 car lengths. There are exceptions for example if the bus lane itself is less than 20 meters long.
Did you simply turn left across a Bus Lane - You are allowed to turn left across a bus lane and to enter the bus lane shortly before the turn. provided the left turn itself is permitted. Bus Lanes should either have a broken white line (on major turnings) before a junction or a gap in the solid white line (on minor junctions). The broken white line should start at least 30 metres before a major junction or the solid white line should stop at least 10 metres short of a minor junction. You should appeal if you simply made a permitted left turn across a Bus Lane and did not travel in it for 20 metres or more or if the broken or solid line is not set back. Local authorities should not enforce an incorrectly marked bus lane which we understand could be a criminal offence if the signs are also incorrect.. Also either a bus lane is marked correctly or it is not. If it is not then the whole bus lane is, in our opinion, unenforceable. In early 2007 we advised Transport for London that many of their bus lanes were not marked in accordance with the regulations set out by the department of transport. However they did not respond. So we complained to the local government ombudsman. In November 2007 Transport for London wrote to the ombudsman confirming that we were right and that their “senior route manager for the central London area has now inspected these four sites and advised me that the road markings do not comply with the regulations .” The vast majority of the bus Lanes that we have seen are incorrectly marked and therefore unenforceable. Click here for signs and lines.
Were you loading? - You are not allowed to park in a bus lane during its hours of operation. Yellow lines are only required if the parking restrictions extend beyond those of the bus lane operation times. You are allowed to load/unload in a bus lane unless it is specifically prohibited. Loading restrictions will be shown by yellow blips on the kerb and upright signs unless the bus lane is on an urban clearway or red route where no stopping is allowed. You can also stop to drop off passengers unless you are on an urban clearway or red route.
Road Markings. Is the bus lane marked correctly? - Many penalty charge notices are cancelled because a bus lane is not marked correctly. Have another look at the bus lane once you have read the following and printed off the diagrams showing where the markings and signs must be in our signs and lines section. The vast majority of Bus Lanes that we have seen are neither signed or lined correctly and are therefore unenforceable. A bus lane must be separated from the main carriageway by a continuous line and be at least 4m wide if cycles are permitted or 3 meters wide if they are not. The width of the white line itself must be between 250 and 300mm. The start of a bus lane must be marked by a broken white line of no more than a 10% taper which must not extend across a junction. The broken line should therefore extend along the carriageway for 40 metres for a 4 metre wide bus lane before the Bus Lane can commence! The legend (words) BUS LANE must be marked at the commencement of the bus lane and immediately after every side road and the intervals between the legends must not be more than 300 meters. An incorrectly marked bus lane is not enforceable. Cyclists can always use with flow bus lanes so there is no need for the Road markings to have a cycle symbol. In fact if there is a cycle symbol marked on the Road on a with flow bus lane then that is unlawful and the bus lane has not been marked properly and is probably unenforceable. Where a bus lane passes a major left turning the solid line should become a broken line at least 30 meters before the turning and have arrows marked on the road. On minor junctions the solid white line must stop at least 10 metres before the junction or at the junction if no left turn is allowed. After every junction the bus lane should recommence with a broken white line of approximately 10 meters unless traffic is prohibited from turning into the bus lane from the side road. The bus lane should normally be set-back from traffic lights roundabouts etc. The rule is that the set-back in meters should be twice as long as the minimum green time on the traffic lights in seconds! Quite often there is no set back. Some bus lanes are coloured (usually red) but this is simply to make drivers more aware of the bus lane. It is not a requirement. . In the guidelines for enforcement by CCTV camera set down by the association of London government (and we suspect elsewhere in the country) a record must be made on the same day as the alleged contravention “that the signs or markings were present, correctly orientated and in good condition”. Otherwise the contravention is not enforceable. Remember an incorrectly marked bus lane is not enforceable. Click here for signs and lines.which show a detailed plan setting out the road markings which must be in place in order to comply with the regulations.You will see many adjudicators decisons where the motorist has had an appeal upheld due to incorrect or faded road markings.
Is the bus Lane signposted correctly? - Many penalty charge notices are cancelled due to incorrectly signed bus lanes. It is a legal requirement that the correct signs are in place if a local authority are carrying out enforcement and they face criminal prosecution if they knowingly enforce an incorrectly signed bus lane. At least 30 meters prior to a bus lane in a 30 MPH speed limit (45 meters where a higher speed limit applies) there must be a sign warning of the bus lane. This sign should have a blue background and a white broken line at a 45 degree angle and should also have a bus symbol and symbols or text for other permitted vehicles. At the point where the bus lane starts there must be a further sign with a blue background showing the permitted vehicles. This sign must be repeated at a minimum of every 300 meters and immediately after each junction. There must be a sign on all side roads leading into a road where there are bus lanes warning drivers that there are bus lanes. These signs read “bus lanes’ in black writing and have white backgrounds. Before a junction where there is a permitted left turn and broken white lines but where the bus lane continues after the junction there should be a sign indicating that the lane ahead is for buses only. This sign (which quite often is missing) is on a white background with at least 2 arrows in black one of which has a small red line at the end and the words "buses only" above it. If this sign is missing then the bus lane has not been signposted correctly and may be unenforceable. In the guidelines for enforcement by CCTV camera set down by the association of London government (and we suspect elsewhere in the country) a record must be made on the same day as the alleged contravention “that the signs or markings were present correctly orientated and in good condition”. Otherwise the contravention is not enforceable. Remember that all signs must be legible, facing the correct way and not obstructed for a bus lane to be enforceable. Click here for signs and lines and for an easy to follow plan showing the signs which must be in place in order to comply with the regulations. Rarely do we see a correctly signed bus lane. You will see that many of the adjudicators decisions uphold appeals where the signage is incorrect, missing, wrongly orientated or obscured.
Did the times of enforcement change along the same Bus Lane.? - Sometimes the enforcement hours of Bus Lanes change half way along! What are you supposed to do if you can’t get out of it - slam on your brakes and stop! In such circumstances there must be a sign at least 30 meters before the hours of operation change.(45 meters if the speed limit is above 30 MPH) before the different restrictions apply). It is not sufficient to simply have a sign showing the extended hours of enforcement at the point where the new bus lane commences. Also there must be a sign stating “end of bus lane” at the end of the previous bus lane. As a bus lane with different hours of enforcement is effectively a new bus lane then there must also be a broken tapered white line of no more than a 1 in 10 taper .i.e. 40metres for a 4 metre wide bus lane. In London quite often this is not the case. Transport for London in particular sometimes just have a broken white line for a few metres. If it is not marked correctly then it is unenforceable. Click here for signs and lines.
Were there camera enforcement signs in the vicinity? - There should also be camera enforcement signs in the vicinity of where enforcement is taking place. They do not have to be in the exact position but should be close by. These signs are the same as the speed camera signs although some will say bus lane cameras. We have however not seen any cases where a motorist has won an appeal on this ground although we do have a letter from the information commissioners office confirming that they are compulsory.
Was the offence recorded correctly? - Twin recordings must be made of each offence with one recording on a VHS tape at the rate of 25 frames a second. We have heard that some cameras record at a higher rate and that therefore the contravention may not be enforceable in such circumstances. It is only the VHS tape that can be used as evidence and these are kept very securely. They can be re-used but only for a maximum of twelve times. We do not have evidence of a penalty charge notice being cancelled for this reason but it is unlikely that this defence has been used. Whilst this may be a technicality, rules are rules as you will have noticed when you received a PCN! Either a device used for bus lane enforcement is approved or it is not and, if it is not, it cannot be used. You can ask the enforcing authority for this information.
Did you receive the PCN within 28 days? All penalty charge notices (PCNs) must be issued within 28 days of the date of the alleged contravention.
You can have the officer who issued your PCN attend a hearing at the Bus Lane Adjudicator.- If your representation or formal appeal is refused by the issuing authority you can appeal to the bus lane adjudicator. This will involve the issuing authority in a lot of work because they will have to produce a tremendous amount of evidence including an “Authorised officer witness statement” They also have to produce a case summary, copies of the penalty charge notice, enforcement notice, all other correspondence, colour images of the offence etc. What’s more if you serve notice on the council at least 3 days before the hearing that you require the officer who signed the documentation to attend the hearing because you dispute the evidence (which they must send you at least 7 days before the hearing) then they must attend if they wish to proceed with the appeal! This right of the motorist must be included on the notice of rejection that the council must send you if they do not accept your appeal. If this is not stated then the notice of rejection is invalid. The officer must then attend a hearing and can be questioned. What’s more whilst he is at a hearing he will not be issuing other penalty charge notices! Quite often appeals are not even contested by the enforcing authority.
Compassionate grounds? - Do not forget that a local authority is able to consider compassionate grounds for cancelling a PCN. You should write to the local authority citing any compassionate or indeed other grounds upon which you would like them to consider cancelling your PCN. You can do this in addition to any other grounds. You should note that whilst a local authority is obliged to consider compassionate grounds the Bus Lane adjudicator cannot although he can pass the matter back to the council if he considers that they have not properly discharged their duty to consider compassionate grounds.
Was the penalty charge notice correct? - You may have read recently about penalty charge notices issued by some local authorities being unenforceable because they do not show the “date of issue on the actual ticket. (rather than the tear off section) It is correct that they cannot enforce a penalty charge notice if the date of issue is not on the actual ticket. There have been many cases but one is Mr S Aldridge v City of Westminster 18th April 2006. The date of the contravention is not the same thing as the date of issue even though the two dates may be the same and both dates must be shown on the main body of the Notice (not the tear-off section). which a pcn must contain in order to be valid click here.
Click here to see a sample PCN.
Have the local authority delayed the procedure of enforcing the penalty charge notice unnecessarily? - Local authorities do have an obligation to act fairly and this includes avoiding unnecessary delays. Normally if there is a delay of over 6 months at any stage your penalty charge notice should be cancelled by an adjudicator.
Do all the details on the penalty charge notice correspond to your vehicle? - i.e. registration, time and date, sometimes the colour is incorrectly stated. If not an appeal may be upheld. For details of the information which a pcn must contain in order to be valid click here.
Is the civil enforcement officer's number and signature on the PCN? If not your appeal may be upheld.
An interesting fact! - The 1689 Bill of Rights act was a result of the struggle between the Stuart Kings and the English people and Parliament. The act basically enshrines a citizen’s right to resist arbitrary fines without first being convicted of an offence in a court of law. The interesting thing is that it does not seem that the act has been repealed and therefore may still apply. A motorist who received congestion charge fines has cited the act to transport for London and has had at least one fine cancelled as a result! If it applies to congestion charge fines then it would also apply to parking and Bus Lane fines. However the adjudicators have published cases where appeals have been dismissed.
Was the correct traffic management order issued and was it a permanent or temporary order? - Before an enforcing authority can commence the enforcement of a bus lane regulation they must go through a procedure and issue a traffic management/regulation order. We hear that sometimes these contain discrepancies. For example it could be that the bus lane was subject only to an experimental order and several appeals have been allowed when the adjudicator has noticed that the orders have not been renewed. (An experimental order normally lasts for 18 months). It may also be the case that the actual controlled hours are different to that enforced or that there is no order in place or it has been lost by the council! You should ask for a copy and also for the articles and exemptions. In the event that you appeal to the bus lane adjudicator service they will request a copy as the bus lane adjudicator will need to see this so he knows the regulations which are in place.
Did the enforcing authority abide by their own protocol? - Enforcing authorities will have a protocol stating their policy on enforcement of different offences. This may be on their website or you can ask for it. It will contain items such as for how long a vehicle should be observed in a bus lane before a penalty charge notice is issued.. We do not know whether a request for a copy under the freedom of information act would succeed but we believe a local authority should be open and in any event how would you know whether the enforcement officer acted within their remit without sight of this. We would suggest that you check the website of the enforcing authority and if their protocol is not published request a copy.
Were you in a Bus Lane due to an emergency or breakdown or did you move into a Bus Lane in order to let an emergency vehicle pass.? Most traffic management orders allow a vehicle to use or stop in a Bus Lane in an emergency.
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If any of the above apply to you then you should send in a letter mentioning these points. If, as is quite often the case, the bus lane was not properly signed or lined then you may wish to print off a copy of the diagrams and send them with your letter. You should state as many reasons as possible as to why your Penalty Charge Notice should be cancelled, including compassionate grounds. A local authority and the adjudicator will look at each of the points that you raise. You can also refer to the adjudicators' decisions shown on this site to back up your case. Finally, quite often a bus lane adjudicator will find an error in a traffic management order or something else which results in the Penalty Charge Notice being cancelled even if your own points are not upheld. For individual adjudicators' decisions click here.
> Next: Adjudicators decisions and case studies
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