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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70631
Experience:  Over 5 years in practice
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Bus lane contravention ...if the main line of traffic is stationary

Customer Question

Bus lane contravention ...if the main line of traffic is stationary or blocked would this be considered as mitigating circumstances for a vehicle to enter the bus lane. Is there any way of accessing appeals rulings on this type of circumstance
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What are you hoping will be achieve by this?
Customer: replied 4 years ago.

I want to have the PCN overturned and cancelled . I dont consider it fair that a bus lane should inflict congestion on other road users

Expert:  Jo C. replied 4 years ago.
I'm really sorry but it doesn't work like that.

There is a fixed penalty with bus lane contravention as with other moving traffic issues so there is no aggravation or mitigation.

What you can do is make representations to the council to cancel the fine for this reason using their discretionary powers. They have wide reaching discretion.

There is no caselaw forcing them to discontinue and indeed the caselaw is against you on this point. For that reason you don't have a positive defence. However they may cancel if using their discretionary powers

If you are out the PCN issue stage time there is no real risk to you in trying this course of action. They will let you pay at the reduced rate even if you lose.

Can I clarify anything for you?

Jo