22205552 Sean Stanton-Dunne Decision Date 17 Sep 2022
'I note that there is no end of bus lane sign to indicate precisely where the bus lane ends so that the motorist is entirely reliant upon the faded white arrow directing traffic to the left hand lane for the turn at the roundabout. I am not satisfied that the end of bus lane markings are adequate and I also find that the incursion into the bus lane by Mr Moghul's car was so minimal as not to amount to a contravention of bus lane restrictions.'
2220555224 - exactly same as above but different contravention date.
2220212523 - Monica Hillen Decision Date 20 Apr 2022
The Enforcement Authority’s evidence is the CCTV recording which shows the vehicle enter the bus lane after a break in the white line. It travels for no more than 10 meters to the arrow indicating the left lane was for vehicle turning left.
The Enforcement Authority have not shown the end of the bus lane in that they have failed to supply evidence to show where the bus lane ends. A bus lane must have a sign indicating the start and end.
In addition there is a 20 metre rule that should normally be observed before any PCN should be issued and in this case the vehicle clearly was not driven in the bus lane for this distance. In this case the appellant simply made a permitted left turn across a bus lane for no more than 10 metres before turning left.
On the evidence I find there was no breach of the bus lane restrictions. The bus lane was not signed in accordance with the requirements. The Enforcement Authority have failed to prove their case to the required standard.
2220078238 Belinda Pearce Date 23 Mar 2022
The Enforcement Authority adduce undated images of signage notifying motorists of a restriction; it is not possible to correlate the images to the contemporaneous footage.
Further, it is not possible to determine whether signage was in place implementing the terms of the Traffic Management Order and notifying motorists of the restriction.
Evidentially I cannot be satisfied that the contravention is proved, accordingly this Appeal is allowed.
2220091451 Sean Stanton-Dunne Date 17 Mar 2022
Mr James says that his car only entered the bus lane at the end to make the left turn. I have looked at the CCTV footage submitted by the Council. This shows that Mr James’ car entered the bus lane approximately 2 car lengths short of the arrow directing traffic to pull over to the left for the left hand turn at the roundabout. I am satisfied that the incursion into the bus lane by Mr James’ car was so de minimis as not to amount to a contravention of bus lane restrictions.
2220102784 Anju Kaler 10 mar 2022
The CCTV footage shows the vehicle drive to the left and, it is alleged, into the bus lane before it is permitted to do so. The Enforcement Authority relies on the footage and the site plan, stating that the vehicle should only enter the bus lane at the point where indicated by the arrow on the road and where the solid white line becomes a broken white line. The beginning of the white arrow can be seen on the footage.
It is clear from the footage that the solid white line appears to be broken before the arrows painted on the road. It may be that the paint of the white line has faded, but it does give the motorist the appearance of a broken white line. The arrows on the road cannot be seen when there are other vehicles in front, as in this case. there is no upright sign indicating when vehicles may move across. The entire paintwork on the road shows a lack of maintenance.
The markings are unclear and misinform the driver as to when the bus lane ends and when vehicles can move across.
I allow the appeal.
222007655A Monica Hilien 02 Mar 2022
I would estimate that the vehicle only entered the bus lane no more than 8-10 metres of the remaining stretch of that bus lane. However as the Enforcement Authority have not provided any evidence to show the end of the bus lane I cannot be satisfied the part where Mr Shah drove was indeed a valid bus lane. The Enforcement Authority must show the signage at the start and end of a bus lane. They have not done so. Even if they had it is it is apparent the white line finishes no more than a few meters along.
For completeness I should add that there is a 20 metre rule that should normally be observed before any PCN should be issued and in this case the vehicle clearly was not driven in the bus lane for this distance. In this case the appellant simply made a permitted left turn across a bus lane for no more than 10 metres before turning left.
I find on the evidence as presented there was no breach of the bus lane regulations. The appeal is allowed.
2210844790 Sean Stanton-Dunne 06 Jan 2022
Miss Selby says that her car only entered the bus lane at the end to make the left turn at the roundabout. I have looked at the CCTV footage submitted by the Council. This shows that Miss Selby's car entered the bus lane approximately 1.5 car lengths short of the arrow directing traffic to pull over to the left for the left hand turn. I am satisfied that the incursion into the bus lane by Miss Selby's car was so de minimis as not to amount to a contravention of bus lane restrictions.
