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Full Version: Being in a Bus Lane - for 6 seconds and turning left?
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nat8808
Hi,

I'm looking into this on behalf of my father... but I've only just had a chance to look, the day before the 14 day period is up! So any quick recommendations on whether he should just pay the reduced amout would be greatly appreciated.

Scans of the PCN below.

The scenario (judging by the footage - he didn't explain in detail as couldn't remember): He pulls out left onto the main road, not noticing a bus lane starts at that point on the main road (it is dark and wet so with streetlight reflections it's pretty impossible to make out either the colour of the road or white lines in my experience). Within one second of being in that bus lane he begins to indicate to turn left again and a further 5 seconds later has turned left off the main road into a car park and out of the bus lane.

Can this be considered de minimis for being in the bus lane for a total of 6 seconds and indicating to turn left for 5 of those seconds?

Both the sign and the writing on the ground for the bus lane are immediately at that junction so anyone pulling out, looking for a gap in the traffic will be too close to the sign to be able to read it (and it is at 90 degrees from the driver) and by the time has pulled out and looking along the main road will be right on top of the writing on the road. Neither is the sign illuminated and obviously wont be by headlights if one is pulling out from a side road immediately beneath it.. Therefore it's not particularly easy to make out the operating times of the lane.

Looking at the PCN:

- There is no contravention code given. Is that a problem?

- There is no mention of being able to see the footage in person, only via website (is that ok these days?)

- Online footage is dark and full of glare - no reg or car details can be discerned from the footage, only a still
is provided seperately to show the reg. I presume it's his vehicle - wouldn't be able to tell from the footage.

- Online footage doesn't provide a day of the week on the footage as I think might be required by the regs?

The scans:



And a diagram:



(Blue line is location of sign, purple = car and direction of travel)

Thanks in advance!
RxBandit
The road he turned left from should have a sign to diagram 962 on it to inform drivers there's a bus lane round the corner. Not having such signage might give rise to the ground the contravention didn't occur for want of signage. If it is present his chances are slim. I don't know how practical a drive by is for you given the short time frame available. GSV may help if the images are recent (the date is shown in the bottom corner)
nat8808
Thanks for the reply.

A very good point! Hadn't thought of that..

From GSV, July 2014, the only sign is one informing the driver of two-way traffic (coming from a one-way street). I very much doubt that has changed.

It's not far from where my parents live so I'll see if he can check.
nat8808
My father checked the signs - no diagram 962 on the exit of the side road. Looking again, he said that when at the end of the road, his car is such that he can't see the blue bus lane time sign either (which is immediately there as you turn) as it's too high.

An informal appeal was submitted on the grounds of it not occuring due to a) the signage b) de minimis


Also pointed out that he actually took the safest and least disruptive route out of the bus lane - doing anything else than continue in it to turn left several meters later would have meant he'd have to have stopped in it to wait for a gap in the traffic, pull in to the centre of the road and then pretty much immediately stop to turn left again!

Presuming they reject that and an NTO is sent (I think there are good grounds for continuing the appeal to a formal one), is there anything wrong with the PCN itself? e.g. the lack of contravention code?
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