Driving in to a bus lane

[green_and_mean]

I note that they have recently changed the Sign 953 you refer too (Eden Street/Union Street Junction), although still located on the same post. It is now a sign that can the ‘flipped’ or changed for whatever reason, by a folding hinge. I just wonder what is on the reverse!

 

Thas has been there for a while I did wonder to I might have a peek one evening, lol.

[RBKsuck]

Very bizarre, surely it is a full time bus lane or it is not. Can it be something else albeit temporary or does it require some Order? Please tell us if you find the mystery.

[green_and_mean]

http://moderngov.kingston.gov.uk/mgConvert2PDF.aspx?ID=15295

 

It seems RBK were aware of the problem in 2008 if you read section 10.

 

When this authority took on powers enabling CCTV enforcement of bus lanes a new camera was provided in Eden Street to enable the section north of Brook Street to benefit from this enhanced regime. However, it was subsequently discovered that these powers did not extend to Bus Only Streets as are Eden Street and Brook Street. This legal nicety was required because although these streets are two-way, only buses taxis and cycles may proceed in one direction. To overcome this problem and allow camera enforcement to resume it is proposed to make both Eden Street and Brook Street into one way streets with contra-flow bus lanes running in the opposite direction. In addition to making a new One Way street Traffic Management Order and modifying the Bus Priority TMO some additional new signs will be required and a solid white Bus Lane line marking will need to be introduced in both roads. The bus lanes will also be coloured red to emphasize their presence.

 

If what is there now is their attempt to overcome this 'legal nicety' I do not see how calling it a one way street rather than a two way street you can only use one way makes it a bus lane, lol.

[Flossie112]

Just wanted to say a massive thanks to G & M for his letter etc - I'll be honest, a lot of it went over my head but I copied it exactly and sent if off two days later.... and haven't heard a peep from the council since.... I don't know how long they take to process these things but I had expected to hear SOMETHING by now... still, no news is good news, so thank you again and I will let you know if and when they get back to me!

[lamma]

they have quite a while to answer.

[green_and_mean]

There seems to be a long delay with these appeals I think they are looking for a very big shovel to dig themselves out of a very deep hole!

 

It was in the local guardian and evening standard last week so I think they are hoping it just goes away.

 

An enforcement notice should have been sent by now so they must be up to something?

 

Flossie I'd give them a ring and ask what they are playing at 2 months to answer representations is taking the mick!

Edited July 15, 2010 by green_and_mean

[Landcruiser2007]

Hi there,

 

I'm new to the forum,.

I just joined up after reading a thread from 2010 re. PCNs for a bus lane in Kingston - Eden Street

 

My PCN LLA Act 1996 (as Amended)

I have received in the post today as an early Christmas present from RBK dated 12/12/2011

 

alleged traffic contravention :-

 

34j: being in a bus lane.

 

I noted a draft letter from G&M in a 2010 post to RBK another victim of the same ridiculous bus lane/one way system Flosie.

( body of text to follow)

I have requested the photos from RBK over the phone this a.m. which they say will be emailed to me by tomorrow.

but my case is the same as others who were caught on camera in Eden St. in the bus lane going down to the round about.

 

In : Eden Street : Eastbound between the junction with Union St/St James rd & the junction with Brook St ( 24 hours)

 

I was wondering if this draft letter would still do the trick.....

 

the tread ended without any confirmation as to whether there was ever any follow up by RBK on collection of the penalty from Flosie - I guess it worked and that's why there was no further post by either her or G&M

 

So G&M if you are still about helping us fight the good fight could you reply with your advise on how best to proceed?

 

Or should I start my own thread on this?

 

Thanks in advance

 

Dear Sir/Madam,

 

I would like to appeal my pcn ref. KT********* on the grounds that there was no breach of the bus lane order.

The Kingston Council has issued the PCN using the London local authorities act 1996 to enfoce the contravention 'being in a bus lane'. The LLA 1996 describes a Bus lane as follows:

“bus lane” has the meaning given in regulation 23 of the [Part I of S.I. 1994/1519.] Traffic Signs Regulations 1994 and any regulation amending or revoking and re-enacting that regulation.

The contra flow bus lane in Eden street is not correctly signed as a Bus Lane using the TSRGD 1994 or 2003 regulations which states.

 

23. - (1) In the signs shown in the permitted variants of diagrams 877 and 878 in which the expression "bus lane" appears and in diagrams 962, 962.2, 963, 963.2, 964, 1048 and 1048.1, "bus lane" has the meaning given in paragraph (2).

 

(2) "Bus lane" in the signs referred to in paragraph (1) means a traffic lane reserved for -

 

(a) motor vehicles constructed or adapted to carry more than 8 passengers (exclusive of the driver);

 

(b) local buses not so constructed or adapted; and

 

© pedal cycles and taxis where indicated on the sign shown in diagram 958 or 959 and pedal cycles where indicated on the sign shown in diagram 960, 962.2, 963.2 or 1048.1.

The Bus lane in Eden street uses the TSRGD diag. 953 sign to indicate a route provided for Buses and cycles and varied to include taxis. This sign is not included in the legal definition of a bus lane for the puroses of the LLA 1996 and should be enforced using the LLA&tfl act 2003 as a moving traffic contravention. Kingston council has no legal authority to enforce a bus and cycle route using LLA 1996 legislation.

 

I would also like to add the following:

The Traffic order for this restriction created on 10th July 2009 states that the Bus lane ends at the junction of Brook street and therefore the bus lane ends sign is missing at this point.

 

If the Council maintains that the lane continues down Eden st and does not end at Brook st then the rest of the lane is also non compliant as it does not have a solid white line in the centre of the road nor does it warn drivers that the opposite carriageway is a bus lane as there are no diag. 960 signs. The lack of both the solid white line and the 960 sign is required to prevent drivers heading towards Brook st from McDonalds doing a legal 'u' turn and driving down the bus lane, the lane is therefore un-enforceable.

 

The bus lane road markings commence in the middle of the junction (see photo) which is non compliant as they are prior to the 953 sign.

The diag 953 sign should be placed at the start of the bus lane not several metres inside it. If the sign is in fact the start of the prohibition on vehicles other than buses then the bus lane road markings are painted prior to the bus lane start point making the bus lane non compliant as all bus lanes should be marked in white on the road at the start of the lane.

The section of bus lane prior to the traffic island with the 'no entry' sign on also has no thick solid white line diag 1049 which should be 25-30cms wide.

The Dept of Transport traffic signs manual also states that contra flow bus lanes should not extend over side turnings.

 

I therefore request that the PCN is cancelled forthwith, if a rejection is issued I shall escalate to PATAS and will requests costs.

[binney]

Hi I am new to this forum and read about your PCN from Kingston Council. My son has done the same thing as you and I wondered if you appealing was worth doing and whether you had success from it.

[ploddertom]

Hi I am new to this forum and read about your PCN from Kingston Council. My son has done the same thing as you and I wondered if you appealing was worth doing and whether you had success from it.

 

This is an old thread, you will be better starting a new one giving as much info as possible.

 

Here's a link to a new thread http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=88