No fine Motorist will not have to pay up after driving in bus lane
AN adjudicator’s decision may have thrown a spanner in the works for Gloucestershire County Council as it tries to stop motorists from using a bus lane.
The authority installed a camera on Cheltenham’s A40 Gloucester Road, close to the Benhall roundabout, last year.
It has been recording images of motorists entering the bus lane and the council has been sending them £60 fines as a result.
But one motorist has been told he will not have to pay the fine, even though the camera captured the moment he drove his car in the lane on March 9 this year.
Roland Godshaw appealed against the council’s fine but lost.
However, he then won his case when he took it to the Traffic Penalty Tribunal for England and Wales and adjudicator Maggie Kennedy found in his favour.
She backed his view that there were insufficient signs warning drivers of the bus lane.
Mr Godshaw was visiting Cheltenham from Bristol when the incident happened. He said he left the bus lane as soon as he realised he had inadvertently entered it.
And the adjudicator said there was video footage to suggest this is what occurred.
She said the warning signs had become inadequate after the council moved the start of the bus lane to just after the roundabout exit.
“The basis of Mr Godshaw’s appeal was that he did not realise that this was a bus lane until it was too late,” she said.
“In other words, his complaint was that the signage was inadequate to alert him to the forthcoming restriction so that he could avoid the bus lane.
“The council did send one relevant photograph of the location but it was a Google Street View image taken in September 2016.
“In December 2017 the council issued a new traffic regulation order which lengthened the bus lane by perhaps 200 or 300 metres so that it started immediately around the corner after exiting the roundabout.
“The previous layout would have enabled motorists to observe the bus lane warnings after navigating the roundabout, rather than at the same time.
“The advance warning signage is now inadequate and a motorist, like Mr Godshaw, is most likely to find themselves unexpectedly in the bus lane.
“I find that no contravention occurred because the signage to advise motorists of the restriction was inadequate.”
Mr Godshaw said: “That camera is right at the start of the bus lane. It’s obviously there to catch as many people as it can.
“I think the council, or a third party dealing with these appeals, made a mistake.”
Alexis Newport, the council’s parking manager, said: “We understand that the A40 Gloucester Road, Cheltenham bus lane signage and road markings comply with the regulation and national guidance.
“There are advanced warnings in place to direct motorists away from the upcoming bus lane.
“We would urge drivers of all vehicles to carefully follow all signs, road markings and traffic signals on the highway in our county.”