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Recycling Company Wins Brighton Bus Gate Fine Refund

Tuesday, 28 March 2023 06:07

By Sarah Booker-Lewis, Local Democracy Reporter

A recycling company has won its appeal against a bus lane fine after citing a lack of clear signs.

Magpie driver Robert Jones-Mantle challenged a ticket issued for driving into a bus lane at Waterloo Place, in Brighton, at the southern end of The Level, on Monday 19 December.

Mr Jones-Mantle challenged the ticket because the bus lane signs are only visible to drivers coming from the north once they have entered the lane.

He was turning into St Peter’s Place while heading south on the A270, unaware of a camera-monitored bus lane and with signs directing southbound drivers to turn right into the lane closest to St Peter’s Church.

Traffic Penalty Tribunal adjudicator Jill Yates found in favour of the Magpie Recycling Co-operative in an appeal decision issued last Thursday (22 March).

The lane is no more than 15 metres long before it opens to all traffic.

The adjudicator said that Brighton and Hove City Council had described the lane as “clearly and correctly marked” but only provided driver’s eye footage for someone approaching from the south.

She said:

“They have placed the correct sign at the start of the taper on Waterloo Place, rather than the 30 metres in advance of the taper as advised by the manual.

“They have then placed a further sign on St Peter’s Place at the start of the bus lane itself.

“They have marked the taper with a broken white line going round the corner and there is then a solid white line separating the bus lane from the general traffic lane.

“I am satisfied that these signs and markings are compliant with the traffic signs regulations but I must also consider whether they give adequate information to drivers whichever direction of approach is taken.

“The company said that there are no advance warning signs for drivers approaching from the north.

“The council have provided no evidence to contradict this and I therefore accept the company’s evidence.”

Mr Jones-Mantle said:

“I was driving that day in an environmentally friendly lead-acid electric vehicle and, in order to reduce congestion, I used what I understood to be the correct lane.

“The adjudicator’s decision, I hope, will encourage a review of this lane and other signage issues affecting local road users in this area.”

Bus lanes and bus gates in the Valley Gardens area – between The Level and the seafront – have proved controversial since the new road layouts were completed in late 2020.

The western side of the gardens is restricted to buses and “local traffic” but thousands of drivers have been fined every month since January 2021 when the bus gate cameras went live.

Councillors have raised concerns. One said that drivers were being fined at a rate of one every two minutes. But council transport officials said that the signs went “above and beyond” the legal requirements.

The council was approached for comment.

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