Bus lane penalty notice- going to tribunal

ellymoo · 15 November 2023 at 3:18PM

There's a notorious bus lane in our town. I've seen a large amount of drivers complaining on Facebook about getting tickets by inadvertently driving in this lane. I didn't really know where it was as I rarely drive down that end of town, but last week I myself made that mistake and have now been issued with a PCN. I got quite a shock when I realised I was suddenly "in" the lane. There is no way to exit the the lane and I had to turn in a car park further down.

I am told I can pay £35 now, or I can appeal - and if my appeal fails I have to pay £70.

I have done an FOI request asking how much in fines the council has received before and after they changed the road markings. £35 is something I will sorely miss, £70 is a horrendous amount, but I'm lucky enough to be in a position where I have employment and no dependents; many people are not so lucky.

This text was sent in my appeal to the council which they said was insufficient as to their mind there is sufficient signage. (There clearly isn't, as so many drivers get caught here! Nobody wants to drive in a bus lane!) I would be grateful if anyone with any experience would take a look and suggest any changes if you don't mind? I know several people have won similar cases with this particular bus lane. I've also raised it with my MP.

The infuriating thing is that the bus lane used to be well marked with a large blue sign and colour on the road - and all this has been done away with. There isn't even any hatching on the road surface.

Thank you:

I have driven in X for some years but rarely on this road and always turn right out of Iceland car park when I do. I decided to try a different route and saw the "two way traffic" sign when I came out of this car park, so thought I could do so; there was nothing on this sign to warn of a bus lane coming up (such as Diagram 962 from the Traffic Signs Manual Chap 3 fig 9-10).

A sign further along the road does indeed say 'bus lane' and indicates that traffic should turn right - but this is opposite a 'no entry' sign on the right hand side, so conveys that the right hand turn for all traffic is further up. The photographs attached by the council to this very PCN show this all too clearly! In accordance with TSRGD Figure 9‑6 Diagram 1050 (S9‑6‑12) the obligatory right turn should be clearly denoted on the road. This is not the case.

TSM Chap 3 1.7.1. notes "It is important that upright signs giving effect to TROs, and intended to be read from a moving vehicle, are of sufficient size to enable drivers to recognise them and assimilate the information in time". The white sign is not in itself warning enough. TSM describes “ A further category of regulatory sign [is] rectangular with a blue background to indicate a bus, cycle or other lane restricted to particular vehicle type” (1.6.2) which is used in other bus lanes in Cheltenham and is much clearer to drivers from earlier on in the road.

This is especially confusing given that the paint on the road marking the bus lane (present in 2018, as evidenced in the photograph attached) has been removed so there are no warnings or markings on the road itself until you are physically on it. In the Traffic Signs Manual 2019 9.1.5. It is stated "Bus lanes and bus gates may be surfaced in coloured material in order to demarcate them more emphatically and to discourage encroachment by motor vehicles." Why would the council deliberately reduce demarcation and emphasis of a bus lane? It should be noted that TSM 1.13.2. states “Road markings serve a very important function in conveying to road users information and requirements, supplementing upright signs and… providing a continuing message”.

To make matters worse, signage depicting two-way traffic is still showing on the road, even on the bus lane. TSM chap 3 4.10.1 states: "Superfluous signing is not only unnecessary, it is unsightly and can distract or confuse drivers on the opposite carriageway" which is exactly what is happening on this road, as the numerous PCNs issued are testament to. In accordance with TSRGD Figure 9‑6 Diagram 1050 (S9‑6‑12) the obligatory right turn should be clearly denoted on the road. This is not the case.

I contest this PCN on the basis that the signage is insufficient, confusing and not in accordance with regulation.