A recycling company has won its appeal against a bus lane fine after citing a lack of clear signs.
Magpie driver Robert Jones-Mantle challenged a ticket issued for driving into a bus lane at Waterloo Place, in Brighton, at the southern end of The Level, on Monday 19 December.
Mr Jones-Mantle challenged the ticket because the bus lane signs are only visible to drivers coming from the north once they have entered the lane.
He was turning into St Peter’s Place while heading south on the A270, unaware of a camera-monitored bus lane and with signs directing southbound drivers to turn right into the lane closest to St Peter’s Church.
Traffic Penalty Tribunal adjudicator Jill Yates found in favour of the Magpie Recycling Co-operative in an appeal decision issued last Thursday (22 March).
The lane is no more than 15 metres long before it opens to all traffic.
The adjudicator said that Brighton and Hove City Council had described the lane as “clearly and correctly marked” but only provided driver’s eye footage for someone approaching from the south.
She said: “They have placed the correct sign at the start of the taper on Waterloo Place, rather than the 30 metres in advance of the taper as advised by the manual.
“They have then placed a further sign on St Peter’s Place at the start of the bus lane itself.
“They have marked the taper with a broken white line going round the corner and there is then a solid white line separating the bus lane from the general traffic lane.
“I am satisfied that these signs and markings are compliant with the traffic signs regulations but I must also consider whether they give adequate information to drivers whichever direction of approach is taken.
“The company said that there are no advance warning signs for drivers approaching from the north.
“The council have provided no evidence to contradict this and I therefore accept the company’s evidence.”
Mr Jones-Mantle said: “I was driving that day in an environmentally friendly lead-acid electric vehicle and, in order to reduce congestion, I used what I understood to be the correct lane.
“The adjudicator’s decision, I hope, will encourage a review of this lane and other signage issues affecting local road users in this area.”
Bus lanes and bus gates in the Valley Gardens area – between The Level and the seafront – have proved controversial since the new road layouts were completed in late 2020.
The western side of the gardens is restricted to buses and “local traffic” but thousands of drivers have been fined every month since January 2021 when the bus gate cameras went live.
Councillors have raised concerns. One said that drivers were being fined at a rate of one every two minutes. But council transport officials said that the signs went “above and beyond” the legal requirements.
The council was approached for comment.
I appealed on the same grounds in March 2021. The council rejected the appeal but the independent adjudicator agreed on several counts it was unenforceable. A FOI indicated 813 fines by this camera in the first 6 months of operation. Only 7 were appealed. The council haven’t done anything to improve signage since this time. ANYONE being fined when coming from the north approach can have their fine overturned due to inadequate signage.
Correction – only 7 were referred to independent adjudicator.
In the picture, within the article, it looks as if the sign is obscured by a van parked on double yellow lines which wouldn’t help drivers to see the sign.
The signs are so big that there are really no excuses . But again you see people ignoring every kind of sign instruction in every part of Brighton. Stop moaning and drive sensibly.
There are no signs if making a right turn onto St Peter’s Place.
Love
Mr Magoo
But also confusing, and not providing sufficient warning to road users.
Typical of what the council does – have a look at the changes on the Old Shoreham Road where there is no advance warning of the road narrowing, but they still have a warning sign for where the temporary cycle lane started.
You wouldn’t think we had professional transport planners employed by the council, but then look at what has happened with overweight buses destroying Upper North Street.
Thankfully the parking adjudicator’s opinion carries more weight than yours.
Gio
Ok, so where on the sign does it show any BUS LANE/GATE ?
Chris
Yes.
But what the sign does not state is the fact when you turn right the left hand lane is a BUS LANE and that is the problem.
Another fine mess by the Greens, eager to promote their greedy and misguided agenda. Hopefully they will get kicked out in May and some sense of normality will return to Brighton & Hove Council.
The Green Gift
They need to get rid of this traffic causing bus lane, it’s only been put in to make money and actually makes it harder for busses to get through the lights as it’s causing that area to grid lock.
They also need to refund everyone that has gone though this nonsense lane as it’s clearly a money trap
Signage from the north fails both these standards:
· Traffic Signs Manual Chapter 3 (TSMC) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ data/file/782724/traffic-signs-manual-chapter-03.pdf
· The Traffic Signs Regulations and General Directions 2016 (TSRG) https://www.legislation.gov.uk/uksi/2016/362/schedule/11/
TSMC 9.3.4 “Advance indication of a with‑flow bus lane is provided by the sign to diagram 958 (S11‑2‑37, see Figure 9-2) varied as appropriate. Where the speed limit is 20 mph or 30 mph, the sign should be sited 30 m in advance of the lead‑in taper formed by the road marking to diagram 1010 (see 9.3.3), with a minimum clear visibility distance of 45 m.”
TSMC states that where a bus lane taper is to occur, section 9.3.3 states that “Deflection arrows to diagram 1014 (S11‑4‑14, see Chapter 5) 4.5 m in length should be placed 15 m and 30 m upstream of the start of any taper where general traffic is required to deflect but certain vehicles are not”
Where on this sign in the photo, does it say anything about a bus gate, all I see is emblems depicting places of interest & general road layouts etc.