The bus lane bandits

Up to 86% of fines overturned on appeal after councils turn their roads into ‘money-making traps’

ALMOST nine out of ten appeals against bus lane fines are successful in parts of Britain, figures show.

Motoring organisations said the numbers are ‘staggering’ and called on councils to issue warning letters rather than fines for first-time offenders.

Sandwell in the West Midlands had the highest proportion of successful appeals at 86 per cent. In July 2017, 173 of 201 appeals were successful, figures obtained from Freedom of Information requests to local authorities showed.

Second highest was Doncaster in South Yorkshire, where 526 of 658 motorists were let off after querying fines in December 2018 – some 80 per cent.

In Oxfordshire 59 per cent of appeals in one month were approved, while 57 per cent of drivers won challenges in Sheffield.

The figures, obtained by rental agency Northgate Vehicle Hire, were not broken down into appeals dealt with by councils or secondstage appeals handled by an independent adjudicator.

Places where motorists were least likely to win appeals include Coventry, where just 12 per cent of challenges were successful, and Bromley and Bexley, south- east London, and Nottinghamshire, where the figure was 15 per cent.

Drivers receiving bus lane fines – typically £130 in London and £70 outside the capital – are incentivised to pay up rather than appeal because penalties are halved if settled promptly. The AA said that while acceptance of the fine was seen as an admission of guilt, many drivers paid because of time pressures or fear of paying more.

Jack Cousens, head of roads policy for the AA, said: ‘The level of successful appeals made against bus lane infringements is staggering. Those who enter a bus lane often do so by mistake, so a warning letter for first time offenders should be issued.’

The AA claimed some councils leave bus lanes which catch large numbers of drivers as ‘moneymaking traps’ rather than improve signage, markings or layout.

It added: ‘Only when an adjudicator visits the bus lane because there have been so many complaints does something get done.’

In one example, 23,000 drivers were caught in a bus lane in Preston

in two months in 2017 before an adjudicator ruled signage was inadequate. First-time offenders were refunded.

Northgate Van Hire’s director Neil McCrossan called on drivers who feel they have been fined unfairly to always challenge.

He said: ‘Those who feel they have been wrongly fined should appeal to their local council clearly stating their reason and attaching sufficient evidence.’

The Local Government Association, which represents councils across England, said less than 1 per cent of bus lane fines are appealed. English councils made a record £92.5million from bus lane fines in 2018/19, up from £39million the previous year and earning them £59.2million after costs.

The Department for Transport says councils must use surplus revenue from these fines for transport and environmental projects.