Horns Road, Redbridge
- “Paragraph 7(1) of Part II of Schedule 19 to the Traffic
Signs Regulations and General Directions 2002 states that no
person shall cause a vehicle to enter the box junction so
that the vehicle has to stop within the box junction due to
the presence of stationary vehicles. It is an offence to
enter the box without a clear exit and to then stop in the
box due to stationary vehicles in front.I have reviewed the
CCTV footage in this case. This shows that Mr Singh's vehicle
followed another car into the box so that there was no clear
exit for his vehicle at the point of entry. However, although
Mr Singh's car then stopped in the box for some 7 seconds, it
did not stop due to the presence of stationary vehicles. The
footage shows that Mr Singh's vehicle came to a halt in the
box due to the car in front reversing out of the box and not
due to the presence of stationary vehicles. It follows that
the alleged contravention did not occur.” Feb 2019. Case
reference 2180460694
- “Sight of the situation upon a vehicle commencing its
course across a box junction is crucial to the determination
of whether or not the restriction is contravened. Indeed in
the present instance the Appellant's dash-cam footage, which
begins from the said vehicle's approach of the junction
identifies the situation upon the said vehicle reaching the
boundary of the cross-hatching. As a consequence evidentially
I find that the said vehicle was rendered stationary on the
cross-hatched area by both a vehicle (from the right)
interrupting the said vehicle's path and another vehicle
(from the left)usurping the said vehicle's intended
destination. I do not find that the contravention occurred,
accordingly I allow this Appeal.” Aug 2021. Case
reference 2210414408
- “The images clearly show that the vehicle did enter this
box junction marking when the bus ahead was still in it.
However, the images also show the Appellant’s vehicle had its
right indicator activated and that there were a number of
vehicle travelling in the opposite direction. As the
Appellant’s vehicle starts to move to the right the cctv
images stop.The prohibition does not apply to a person who
(a) causes a vehicle to enter the box junction for the
purpose of turning right; and (b) stops the vehicle within
the box junction for so long as the vehicle is prevented from
completing the right turn by an oncoming vehicle or other
vehicle which is stationary whilst waiting to complete a
right turn.” Dec 2019. Case reference 2190443272
Bus lane signage and road layout:
12-metre bus lane in Harrow that caught 7,854 drivers
between April 2019 and the end of 2021.
(Harrow council was told by a London Tribunal traffic
adjudicator in January 2021 that signage was ‘insufficient’
yet drivers were still being fined in August)
- “There is no sign at the commencement of the bus lane
which should be sited where the broken white lines commence
and the sign to be used is 958. There is no evidence from the
Enforcement Authority they have placed the correct sign at
the commencement of the bus lane. The white sign they rely on
is for information, it is not prescriptive nor does it show
where the bus lane starts. The bus lane is incorrectly
signed. The sign is beyond where the restriction commences
and there is no sign at that point. This issue has been
raised on several occasions in cases coming before the
Tribunal. On the evidence I find there was no contravention.
The authority have failed to prove the alleged
contravention.” Dec 2021.Case reference 2210730474
- “During the hearing my principal focus was upon the CCTV
footage and the appellant Streetview downloads from October
2020 labelled by the appellant 5a and 5b and the sequence he
had exhibited. I was receptive to his argument about the
positioning of the crucial blue and white sign behind the
bollard and also how CCTV camera height and position rather
exaggerated the view of the driver on approach to the fork
where the bus lane in question began. The surface markings at
the fork (especially the the broken white lines) were worn
and the angle of the blue-and-white sign was fairly easily
misinterpreted as applying to the lane to the appellant's
left as opposed to the bus lane in the centre of the
carriageway. Clearly the appellant was not familiar with the
junction and it is my decision the Council evidence relating
to clarity of signage is insufficient to support the penalty
charge claimed on this occasion.” Jan 2022. Case reference
2210847358
- “Any sign indicating a change of restrictions must be
placed before the restriction and not after. The CCTV and the
site photographs show the sign indicating the restrictions
after the commencement of the bus lane and not before, giving
drivers no opportunity or advance notice of the change. On
the evidence I find as a fact the bus lane was insufficiently
signed. There was no advance warning sign of the restrictions
or a sign placed before its commencement, giving drivers no
opportunity to comply. The Enforcement Authority have failed
to prove their case to the required standard. The appeal is
allowed.” Jan 2021. Case reference 220050170A
Moving traffic fines - the toll last year
An AA survey of 13,449 drivers in December found that in the
past year, 7% received a bus lane fine. In London, it was 11%
For stopping in a yellow box junction, 2% received a fine. In
London, it was 12%.
Entering a zone where car access is limited or banned, 3%
received a fine, In London, it was 15%.
Less than half of those receiving fines accept that they were
guilty but more than a quarter paid the early and discounted
fine, either because risking the full fine would have landed
them in financial trouble or because it was the easiest thing
to do. Among younger drivers, the threat of financial
hardship pressured up to 24% of them to pay early.
For those complaining to councils that a fine was unfair,
their chance of getting it cancelled was approximately one in
three across the UK and one in four in London.
For those who appealed to a traffic tribunal, their chance of
success was 50:50.
Responses to the AA survey question: Which if any of the
following best describes the outcome of your most recent
Penalty Charge Notice (PCN)?
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Across the UK
|
In London
|
|
1.
I paid quickly because I accepted that I was in the
wrong
|
|
|
|
|
|
45%
|
43%
|
|
2.
I didn't think I was in the wrong but paid quickly
because the full penalty would have left me in
financial difficulty
|
12%
|
10%
|
|
3.
I would have liked to pay quickly but didn't see the
notice in time and missed the deadline
|
|
|
1%
|
1%
|
|
4.
I didn't think I was in the wrong but paying promptly
was the easiest thing to do
|
|
|
|
14%
|
17%
|
|
5.
I ignored the initial notice and ended up paying the
full penalty
|
|
|
|
|
<1%
|
<1%
|
|
6.
I contacted the council, explained the circumstances
and the penalty charge was cancelled
|
|
|
5%
|
4%
|
|
7.
I contacted the council, explained the circumstances
but it refused to cancel the penalty charge
|
|
11%
|
15%
|
|
8.
I appealed the penalty to a tribunal and won
|
|
|
|
|
|
|
1%
|
2%
|
|
9.
I appealed the penalty to a tribunal but lost
|
|
|
|
|
|
|
1%
|
2%
|
|
10.
Other or don't know
|
|
|
|
|
|
|
|
|
|
7%
|
5%
|
“Bus lane fines across the UK have been a source of driver
anger and dismay for years, particularly when the same
locations churn out thousands of Penalty Charge Notices
(PCNs) each year without improving signage or layout.
Thousands of fines are a clear indication that not only has
the signage and layout of restrictions at those locations
been inadequate, often stressed at appeal, but that councils
have done little or nothing about it and have been happy just
to let the cash keep rolling in,” says Edmund King, the AA’s
president.
“AA research shows that drivers who know they have done
nothing wrong baulk at the obstacles put in the way of
proving their innocence – the principal one being the fear of
having to pay a full fine. Meanwhile, appeals reveal regular
flaws in enforcement that are too often ignored by council
enforcers. Why? Because the councils know the majority of
drivers will pay up anyway and stuff town hall coffers with
easy money.
“The experience of London with enforcement of moving traffic
violations sends a clear message to MPs: the roll-out beyond
the capital needs effective checks and balances. That
includes identifying, analysing and rectifying the causes of
fines hotspots. And, where a traffic tribunal adjudicator
identifies a problem that is not just a one-off, the council
should suspend enforcement and report back to the adjudicator
on how it has been resolved.
“Alternatively, or better still additionally, first-time
offenders should be sent a warning letter, as set out by the
Government previously. After all, the object of enforcement
is to get road users to understand and comply with directions
and restrictions – with the deterrence of fines if they
deliberately ignore them.”
ends
Media contact: AA Public Affairs on 01256
493493
NOTE TO EDITORS:
* New powers for local
authorities
We will commence the remaining elements of Part 6 of the
Traffic
Management Act 2004, allowing local authorities, rather
than the police,
to enforce against moving traffic offences such as
disregarding one-way
systems or entering mandatory cycle lanes. The change has
already
largely taken effect in London, where it has
significantly reduced police
workload on traffic offences, allowing officers to
prioritise more important
matters, while also improving enforcement. Traffic flow
and speeds have
improved and casualties have fallen faster than in areas
where the powers
have not been commenced. We will issue guidance to local
authorities
about the powers including on the importance of ensuring
citizens are
properly informed about them and the need for traffic
signing to be properly
designed and placed, so that it is clear to drivers what
restrictions are
in force. We propose that motorists be issued with a
warning for a first
offence, and fines for subsequent
offences.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904146/gear-change-a-bold-vision-for-cycling-and-walking.pdf
