Defence for driving in bus lane?

Question

I received a ticket that I was driving in a bus lane in Barnet.

I was surprised to receive it because I am most particular about not driving in bus lanes or breaking any traffic rule for that matter so I asked for the evidence.

They send pictures of the car being in the bus lane but the bus lane is black ( as opposed to red) and although there are two markings on the road surface itself saying that it is bus lane the white writing has faded of badly and for those of us used to the bus lanes being an overall red would not expect a normal black road to be a bus lane. Had the writing not been faded or the bus lane been red I would not have driven on it.

It was the first time I drove in that area of London and my wife and were lost for about 45 minutes. I was not au fait with the black bus lane surfaces and moreover, there were red/pink buslanes at points of our lost journey which I obeyed religiously.

Would this be a defence or if you know of any other way of getting out of it

Answer 1

Go back there and taken some photos of the faded writing etc.

Then write to the ticket issuer and tell them you have pictures of the area showing the illegal  and worn sineage and that if they wish to pursue you in a court, you'll be happy to show the court your pictures.

Then if you recieve a summons you can show the pictures in court.

Answer 2

Because it's a traffic offence it's likely to be one of strict liability. However, if the lane was negligently marked then you may be able to appeal the decision. Try taking your query to your nearest Citizens Advice Bureau - they can give you more expert (and free) knowledge and if applicable can refer you to a specialist solicitor.

Answer 3

You could try to fight it claiming that you had not seen the writing on the floor, but I'm pretty sure there would have been a blue sign at the start of the bus lane indicating it so they will probably say that you should have seen the sign and accuse you of driving without due care and attention.

Probably best just to pay the fine and have far less hassle!

Bus lanes do not have to be painted any colour, they are just painted to make them more obvious - they are green here in Coventry

See rule 141 of the Highway Code for more info

http://www.direct.gov.uk/en/TravelAndTra...

Answer 4

sadly you don't have a case. Although a majority of bus lanes are a different colour from the regular surface,all are defined by a solid white line and signs to accompany them indicating operational hours, The only times you may drive in a bus lane during it's operational hours  are to turn left at the next junction. Or to pass a vehicle that is waiting to  turn right.

IF IN DOUBT STAY OUT!

Note to borderlassuk; The highway code is road traffic law and can be used as evidence against you, failure to comply with the rules within the highway code can cost you your licence,

Driving is a privilege not a right

Answer 5

I think you will have a good argument.

1. the road markings must be in good order

2. there must be the correct signage to indicate the operating times of the bus lanes in place and clearly visible.

you have nothing to loose and everything to gain, I think you will find that the ticket will be withdrawn if you present a lawyers letter to that effect to the appropriate council office where the ticket was issued

P.S

The High way code, is an advisory guide.

The Road traffic Law is the rule of the land and any offences are prosecuted under the Road Traffic Act

Answer 6

I think you should say your car isn't a car, it's a bus.

Answer 7

im no lawyer or anything but it sounds to me like you got a case. i would be pissed.

Answer 8

Fraid not old chap,they got you on camera doing it.

You could take a picture of the faded writing and

use that as an excuse if it goes to court if you appeal

against it.

Answer 9

There is NO defence in law, because it is a technical offence. Either you entered the bus lane (Guilty as charged) or you did not (Innocent).

The colour of the road surface is irrelevant, as are lane markings. The majority of bus lanes in the UK are not blazened with pretty colours - other the thicko drivers in London who seem to need that!

The important factor is that at the start of a bus lane there are blue warning signs. The Court will argue that you ignored these signs. If you claim not to have seen them, then you lay yourself open to the more serious charge of driving without due care and attention. (Your question makes it clear you are guilty of that greater charge.)

Your best defence is to plead guilty to the more minor charge and to keep quiet.

Answer 10

go back to place in question and check out the signage - if it wasnt adequate you coudl use that.

unfortunately if it IS then your defense is a waste of time~!

and our bus lanes are green in south yorkshire, just incase you ever visit!

Answer 11

You have nothing to lose by trying to say the wording was faded; however, you probably crossed a solid white line to get into the bus lane?

Good luck

Answer 12

Not all bus lanes are RED.

I have just driven through Bristol today where they have both RED and also BLACK bus lanes.

If there is a photograph of your car in a bus lane then you have very little defence.

Answer 13

I agree with last poster.

I'm sorry to hear that.

In New York, there are no indication of color except for 57th St and Fordham Rd for future project of Bus Rapid Transit.

New York City Department of Transportation color coded the bus lane red on 57th St and Fordham Rd to see if traffic will obey or not, however they did not obey at all.

In NYC, we have sign above "BUSES ONLY during certain times, however traffic keeps driving on it and lane is marked with big word, "BUSES ONLY" or turning area, "BUSES AND RIGHT TURNS ONLY."

Even 42nd St & 5th Av, only buses are allowed to turn all times, however not cars, but they disobeying the law.

Answer 14

All traffic signs and signals must stricly and I emphasise stricly...comply with the details as set out in the regulations...these govern everything, such as double yellow parking lines, to lollypop lady signs....look up how the sign should be painted and if it doesn't comply then plead not guilty and bring photographic evidence to court.

Answer 15

Since bus lanes over here are not coloured, I had no idea what you were talking about at first.  They have photo evidence so your only defence falls into the "I didn't know the gun was loaded" category.  You will need to appear in court and present the judge with your story and see if you can get a reduced sentence based on poor marking of the bus lanes.  Good luck.

Answer 16

Does this sort of thing even go to court, probably the council's gestapo department just send in the debt collectors.

There is a rule, the same one that is being used against bank charges, that the penalties must not be unreasonable, ie they can't charge you more that you have cost them. Worth a try