I checked the sign today and is missing the red XX on the roundel. So, try this:
Signage is inadequate and does not comply with the law.
· The upright sign at the location does not include the prescribed "no stopping" roundel symbol, and its background was white instead of yellow. This contravenes the requirements as clearly specified in Traffic Signs Regulations and General Directions 2016 (TSRGD):
· Part 1, Prescription of signs, Regulation 3 (1) states: “A traffic sign for conveying a warning, information, requirement, restriction or prohibition of a description specified in these Regulations is of a prescribed size, colour and type if it complies with all applicable requirements provided for in these Regulations.”
· Schedule 3, Part 2, Item 4, Diagram 642 prescribes the signage content for Bus Stop Clearways, specifically the inclusion of the no stopping roundel.
· Schedule 4, Part 2, paragraph 2 states: "The sign must have a yellow background and black border as shown in blank diagram 1 in Part 1." TSRGD provides that a traffic sign is only of a prescribed type if it meets all applicable requirements, including size, colour and symbol. The yellow background is an essential legal component of a sign that includes a symbol from Schedule 4, Part 3, such as the “no stopping” roundel. White background signs are prescribed for a completely different set of uses under Part 4 (e.g., parking or loading bays) and convey a different regulatory meaning. Furthermore, under TSRGD Schedule 7, Part 6, paragraph 1(2)(b) an upright sign for a bus stop clearway must include the "stopping prohibited" symbol.
· Any deviation from the prescribed sign design — including the omission of a symbol or substitution of colour — must be expressly authorised by the Secretary of State under Section 64 of the Road Traffic Regulation Act 1984. No such authorisation has been provided. These are not minor defects. The law does not permit informal substitutions or approximations for prescribed signs. A sign that does not conform to TSRGD cannot lawfully convey a restriction. Accordingly, no contravention occurred.
Length of the bay
The bus stop clearway is of considerable length, yet contains only one upright sign. This fails to meet visibility and placement requirements under the Traffic Signs Manual (TSM) and TSRGD.
• TSM Chapter 1, paragraph 5.4.4 advises: “Regulatory signs must be placed as near as practicable to the start of a restriction.”
• TSM Chapter 3, paragraph 13.24.9 specifically addresses longer bus bays: “Where the bus stop marking has been extended to accommodate two or more buses, it might be preferable to mount the sign close to the beginning of the bay. In these circumstances an additional sign, mounted parallel to the kerb, might be required near the centre of the bay.”
Height and orientation and visibility
The sign is not clearly visible even from 5–10 metres away, and its placement fails to convey a clear restriction as required by statutory guidance.
• TSM Chapter 3, 13.24.9: “Upright signs that indicate a prohibition of stopping normally face oncoming traffic as it is an offence to stop to read the sign.” This sign is angled away from the line of approach and cannot be read safely or clearly by a driver. It therefore fails to comply with TSM guidance and does not serve its intended purpose.
• TSM Chapter 3, section 1.8.2, Table 1-1 – Minimum clear visibility distances: “For roads with speeds up to 20 mph, the minimum clear visibility distance in a 20mph zone is 45 metres. This sign is not visible from even 5 to 10 metres away, let alone 45 metres. This directly contradicts the visibility standards set out in TSM and severely limits the sign’s ability to provide timely notice of a restriction to drivers. This failure renders the restriction inadequately conveyed and, consequently, unenforceable in law.
Cases in support
• Matthew Mathai (2240426053): Appeal allowed due to length of bus stop clearway, only one sign and signage not clearly visible. The importance of adequately visible signage in bus stop clearway was emphasised in Sean Hurley v London Borough of Camden (2210017951, 16 November 2020) to which I have had regard. … The single sign is placed towards the very end of the clearway, from the perspective of a motorist approaching it. There is a very considerable distance from the start of the clearway to the sign itself. The sign would barely be visible, if at all, from there. The guidance in the Traffic Signs Manual has not been heeded. Based on the evidence in this case and with that guidance in mind, I do not find, on the balance of probabilities, that the signage was adequate.
• Sean Hurley (2210017951): Appeal allowed due to inadequate signage ‘not in the correct position and visible’. Its visibility is even more important where the prohibition is simply on “stopping” and where the motorist will therefore have very little time to see it, let alone look for it”
• Rafiuddin Syed (2240376545): First, the Appellant's representative has drawn my attention to the decision of Adjudicator Walsh, case (2240426053) I find that this case is applicable to the one I am deciding now, the Adjudicator recorded as follows when citing from Chapter 3 of the Traffic Signs Manual at 13.2.9, which states that: The sign should normally be located near the centre of the bay or mounted on the post that supports the bus stop sign to diagram 970, 973.2 or 973.3 (S11-2-76 and 77). Where the bus stop marking has been extended to accommodate two or more buses, it might be preferable to mount the sign close to the beginning of the bay. In these circumstances an additional sign, mounted parallel to the kerb, might be required near the centre of the bay." “this bus stop clearway is notably long at 150ft in length. In those circumstances, the Traffic Signs Manual (Chapter 3, para 13.24.9), suggests a sign in the middle of the clearway or two signs, to ensure that the sign can readily be seen by a motorist. In this case, I find on the balance of probabilities that the single sign is placed towards the very end of the clearway, from the perspective of a motorist approaching it. There is a very considerable distance from the start of the clearway to the sign itself. The sign would barely be visible, if at all, from there. The guidance in the Traffic Signs Manual has not been heeded. Based on the evidence in this case and with that guidance in mind, I do not find, on the balance of probabilities, that the signage was adequate. In those circumstances the contravention is not proved. Thirdly, the bus stop in this case is 138ft and the sign plate is at the far end.
Considering the above , please cancel the PCN forthwith.
Finally, I put you to strict proof that the camera used had a valid certificate.
