Bus Lane - You should have crashed

Crabman

hjb123 wrote:

Woops, never meant to thank you there!

I meant to quote you - its okay saying that the driver was avoiding an accident - but whos word is there for this - only the driver - so if thats the case then surely every tom !!!!!! and harry could go in the bus lane and say that they were avoiding an accident?!

Then the enforcement authoritois should make sure they can prove that isn't the case Innocent till proven guilty :T :j

isasmurf

changlyn8 wrote:

However, according to the Traffice Enforcement Notice this is STILL no reason to move into a bus lane during operation times. So in effect the company is saying that I should have taken my chances and CRASHED INTO the car in front.

This is contradictory to what is witten in the document on TFL's own website on Bus Lane Enforcement

It says (emphasis mine):

Again twin video cameras are used, recording onto high quality video cassettes. They also have two lenses– a wide angle lens to film the bus lane and traffic conditions in other lanes and a second lens to provide close-up shots of vehicles in the bus lane and their number plates. This enables bus lane offences to be seen in their wider context, as it would be unfair for example, to prosecute someone who only entered a bus lane to avoid an accident or to make way for emergency services. The twin video images can show exactly what happened in a way that still photos cannot.

changlyn8 wrote:

The department has given me 28 days to pay £50.00 or wait until the fine is £100 and then write in an appeal.

Again, according to another document on TFL's website

If your challenge is rejected and you are unhappy with the decision, you have the right to appeal to an independent adjudicator at the Parking and Traffic Appeals Service (PATAS). PATAS is responsible for deciding disputed bus lane penalty charge notices issued in London.
In order to make your appeal, you must complete the appeals form, which will be sent to you with your notice of rejection, and submit it to PATAS within 28 days of the date on the notice of rejection. The penalty charge will not increase while your appeal is being considered by the adjudicator.

waster_2

isasmurf wrote:

It says (emphasis mine):
Quote:
Again twin video cameras are used, recording onto high quality video cassettes. They also have two lenses– a wide angle lens to film the bus lane and traffic conditions in other lanes and a second lens to provide close-up shots of vehicles in the bus lane and their number plates. This enables bus lane offences to be seen in their wider context, as it would be unfair for example, to prosecute someone who only entered a bus lane to avoid an accident or to make way for emergency services. The twin video images can show exactly what happened in a way that still photos cannot.

I think that you may all be missing the point regarding the term “to avoid an accident”.

It is my understanding that this term does not refer to you avoiding an accident but avoiding an accident that has already happened and is blocking the carriageway and the only way to pass the accident is by using the bus lane.

Otherwise we may all just as well drive in a manner likely to cause an accident and then use the bus lane to avoid it and the traffic.

chatta

waster wrote:

I think that you may all be missing the point regarding the term “to avoid an accident”.

It is my understanding that this term does not refer to you avoiding an accident but avoiding an accident that has already happened and is blocking the carriageway and the only way to pass the accident is by using the bus lane.

Otherwise we may all just as well drive in a manner likely to cause an accident and then use the bus lane to avoid it and the traffic.

And if there had been no bus lane it would have been the pavement with possibly people walking along.......... Moral of lesson watch the car in front and leave enough room for an emergency stop.

nej

This reminds me of the furore locally when a bus lane camera was put on a lane near us. People used to cut across the end of the bus lane in order to take a left-hand fork. It did nobody any harm. Now we all have to wait until the last second and dive across in the short space of non-bus lane tarmac to avoid a ticket.

I say appeal.

Crabman

waster wrote:

I think that you may all be missing the point regarding the term “to avoid an accident”.

It is my understanding that this term does not refer to you avoiding an accident but avoiding an accident that has already happened and is blocking the carriageway and the only way to pass the accident is by using the bus lane.

Otherwise we may all just as well drive in a manner likely to cause an accident and then use the bus lane to avoid it and the traffic.

If we all do that then we'll get stopped by traffic police. And you can't argue with them

It's clear the OP was trying to avoid an accident and I'm sure that the definition could be argued by a well trained lawyer. It would have cost a lot more for everyone if the OP had crashed, in terms of police fire and ambulance attendance and of course the economic consequences of massive tailbacks.

tonys_3

waster wrote:

It is my understanding that this term does not refer to you avoiding an accident but avoiding an accident that has already happened and is blocking the carriageway and the only way to pass the accident is by using the bus lane.
.

I can find no distinction on any site between avoiding an accident and
avoiding an accident that has already happened. Indeed they all just state
"avoiding an accident" with no mention of whether or not it was the result of a prior action.

And what is your understanding of driving round a broken down car via a bus
lane Waster? Is that an offence?

At the end of the day, if the camera shows quite clearly why the car swerved into the bus lane, then Changlyn8 should not be penalised. The regulations
on bus lanes are designed to punish those who drive there to avoid queuing
etc in their stipulated lane, not someone driving in there momentarily to avoid
an accident or dodge some debris in the designated lane.

hammy_the_hammer

unfortunately we take everything on face value here . we still don't know why the car stopped in front of the OP's one. if a car for example was turning right in front of you had stopped and was waiting for a clear gap to turn ....someone might 'swerve' around them to stop an accident using the bus lane and end up in front of them .....phew!! without even being delayed.

tonys_3

And that is why there are adjudicators.

hammy_the_hammer

who won't just accept i was swerving to avoid a possible accident