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ijuka
Hi all,

Recent successful tribunal appeal pasted below if it helps anyone. This is for the bus lane on oxford road driving from grafton street side toward hathersage road.


1. I have decided this appeal without a hearing. The parties did not ask for a hearing.
2. The Council have produced footage from an approved camera device which shows Mr A's vehicle driving southbound along Oxford Street after its junction with Nelson Street.
3. The whole of Oxford Street at that point in that direction of travel is a bus lane from 6am to 9pm. During those times buses, taxis and permit holders’ vehicles are the only motor vehicles permitted to proceed along Oxford Road beyond its junction with Nelson Street.
4. Mr A explains in his that he was planning to park on Denmark Road following a route down Grafton Street left on to Oxford Road and then right on to Denmark Road. In fact, this route took him on to Oxford Road before the start of the bus lane and then into the bus lane, the turn for Denmark Road being past the start of the bus lane
5. Mr A appeals on the basis the signage did not indicate he could not take that route and was unclear and confusing. He said, in particular, the signs at the beginning of the restriction are on either side of a wide road, with the near side sign located on the far side of a cycle lane, well away from the carriageway and separated from it by the cycle lane and nearside kerb. He argues the sign indicated to him that the restriction applies to the extended bus stop area on the nearside.
6. Mr A is right that there is a long bus stop on the left hand side of the road, indicated by a yellow dashed marking on a red-coloured road surface, immediately after the start of the bus lane. Although this is, in fact, only a bus stop rather than the bus lane, Mr A is not alone in misunderstanding the sign on the near side of the start of the bus lane as applying to simply the left hand side of the road, where there is a long bus stop, as opposed to the whole of the road. Nor is he alone in evidently not noticing the equivalent sign on the far side of the road, because the road is so wide that it is remote from the side of the carriageway to which it relates.
7. The decisions of other adjudicators in appeals concerning this bus lane have highlighted that other motorists have interpreted the signage in exactly the same way as Mr A, that is as identifying a bus lane as being what is, in fact, the bus stop on the left hand side of the road with an unrestricted lane next to it.
8. A number of adjudicators have considered the question of whether the signage for this bus lane is adequate, in the context of appeals from motorists, like Mr A, who appealed because they were simply unaware they had entered a bus lane at all. In three cases - MC00729-1711; MC00816-1712 and MC00752-1712, the adjudicators decided the signage was not adequate and allowed the appeal. In each case they gave detailed reasons for their decision. Indeed, Mr A has quoted from the reasons in a further decision with the same outcome – MC00014-1801.
9. I am not bound by any of those decisions but find them persuasive, particularly in the context of Mr A’s evidence that he misunderstood which part of the road the restriction on the sign at the start of the bus lane applied to. Consequently, I agree with the decisions of these adjudicators that the signage for this bus lane is unclear and inadequate, and adopt their reasons for so deciding.
10. Because the signage is not adequate, the restriction is not enforceable against Mr Ai. I allow his appeal on the ground the alleged contravention did not occur. He has nothing to pay.
Anna-2018
I'm currently at TPT appeal stage and Manchester Council have just uploaded their evidence so this is really helpful. Thanks!
rudolf_the_red
QUOTE (ijuka @ Fri, 8 Jun 2018 - 00:16) *
Hi all,

Recent successful tribunal appeal pasted below if it helps anyone. This is for the bus lane on oxford road driving from grafton street side toward hathersage road.


10. Because the signage is not adequate, the restriction is not enforceable against Mr Ai. I allow his appeal on the ground the alleged contravention did not occur. He has nothing to pay.

That's brilliant - do you have a number for the case. I'm waiting for an appeal date and could submit this as more persuasive evidence! Thanks in advance.
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