Council insists bridge charges are enforceable
ALANDMARK ruling that said the Mersey Gateway tolls were illegal was contested at an appeal hearing lodged by Halton Council.
The appeal comes after the Traffic Penalty Tribunal (TPT) ruled that the controversial tolls did not comply with the Transport Act 2000, because Halton council had not specified the exact price of the tolls clearly in their Road User Charging Order Scheme (RUSCO), which enforces the tolls.
The transport watchdog also ruled that the bridge – which has a cashless toll system – did not have adequate signage informing motorists how and when to pay the tolls.
A legal representative on behalf of Halton council contested both of those arguments in a review of the TPT’s decision, which was heard by an independent adjudicator.
One of the main points of contention was whether clear signage was a legal requirement in order to enforce the tolls and consequent Penalty Charge Notices issued for not paying them.
A legal representative on behalf of the council argued that you wouldn’t escape liability for driving 100mph because there’s no signs telling you not to, and consequently there was no grounds for appealing the tolls due to lack of signage.
He said motorists using the bridge should expect to comply with the law and ‘if the law states there is a charge to be paid then that must be paid’.
However, an independent advocate to the Traffic Penalty Tribunal, Ruth Stockley, argued that even though there was no statutory requirement to have adequate signage, the need for it was implied in order for the RUSCO to be effectively enforced.
Ms Stockely said: “If there is no signage, the whole scheme is unreasonable in practice.”
The second point of contention was whether the council had specified the price of the tolls clearly in the RUSCO.
The RUSCO that was initially contested by the TPT did not state the exact charge and only specified a range.
The council’s legal representative argued that specifying a range was still being specific and that this gave room for any changes due to inflation. That RUSCO has since been updated to specify the exact price of the tolls.
The adjudicator said he will review both sides and make a decision in writing.