Please help, unfair bus lane PCN! **Overturned**

[Michael Browne]

Am I right in assuming that you moved into the bus lane in order to avoid 2 on-coming cars?

 

If so, bus lane TRO's generally have an exemption clause something along the lines of:

 

Nothing in article……..of this Order shall render it unlawful for a person to

cause or permit any vehicle to enter the bus or cycle lane for so long as may

be necessary to avoid an accident.

 

What was the exact location?

[Michael Browne]

The only bus lane I can find is in Wells Road (a continuation of Wellsway) here?

 

http://goo.gl/maps/qbshf

 

If this is the right one, the TRO is here:

http://tro.parking-adjudication.gov.uk/files/BN435B.pdf

 

which includes:

 

10. Nothing in this order shall render it unlawful for any person to cause or permit any vehicle to be in

any bus lane as specified in Schedule 1, Schedule 2, Schedule 3 (Wells Road), Schedule 4 or Schedule 5 to this

Order, during the operative times in order to avoid an accident.

 

You need to appeal on the grounds that the contravention did not occur, citing the above exemption, that you took action to avoid a collision with on-coming vehicles and moved back out of the bus lane immediately after.

[Michael Browne]

 

Bath Vetinary Group is in the vicinity if not.

 

OK here: http://goo.gl/maps/HF82k

 

I've also tried to film the video they've provided and put it on you tube (

) not great quality I know , not sure if that helps?

 

If there's a similar section about this bus lane I think I've got a case.

 

I can't find the TRO for that bus lane (there are over 400 listed, the latest of which is only 2009), but it will certainly have a similar clause. It's a standard bus lane exemption and I would still appeal

 

The council is likely to reject your representations, but if it was me, I'd take it to adjudication.

[Michael Browne]

By all means ask the council for the TRO, but make sure you appeal within the 14 days if (as is very likely) they don't respond in time.

[Michael Browne]

Yes.

 

You could also mention that there were no other vehicles either in your lane or the bus lane and therefore you gained no advantage over other traffic by moving into the bus lane, your only concern was to avoid an accident with on-coming vehicles who were occupying your lane.