Statutory Instrument 1998 No. 3206 Statutory Instrument 1998 No. 3206
The A41 Trunk Road (Camden) Red Route (Bus Priority) Traffic Order
1998


STATUTORY INSTRUMENTS


1998 No. 3206


ROAD TRAFFIC


The A41 Trunk Road (Camden) Red Route (Bus Priority) Traffic Order 1998

Made18th December 1998
Coming into force31st December 1998

The Traffic Director for London, in accordance with a direction given to
him by the Secretary of State under section 58(1) of the Road Traffic Act
1991[1] and in exercise of the powers conferred on the Secretary of State
by section 6 of the Road Traffic Regulation Act 1984[2], and of all other
enabling powers, hereby makes the following Order: -

Commencement and citation
1. This Order may be cited as The A41 Trunk Road (Camden) Red Route
(Bus Priority) Traffic Order 1998, and shall come into force on 31st
December 1998.

Interpretation
2. In this Order -


(a) a reference to an article or schedule followed by a number is a
reference to the article of, or schedule to, this Order so numbered;

(b) causing includes permitting;

(c) "carriageway" has the same meaning as in section 329(1) of the
Highways Act 1980[3]; and

(d) "vehicle" includes part of a vehicle;

(e) "bus", "local bus", "pedal cycle", "taxi", "traffic lane",
"contra-flow" and "with-flow lane" have the meanings given in the
Traffic Signs Regulations and General Directions 1994[4];

(f) "bus lane" means a traffic lane on a length of road which is
specified in column (2) in the table in schedule 1 and in respect of
which traffic signs are in place indicating the controls specified in
this Order;

(g) "bus-only route" means an area of road which is specified in column
(2) in the table in schedule 2 and in respect of which traffic signs are
in place indicating the controls specified in this Order;

(h) "dial-a-ride bus" means a vehicle -


(i) displaying so as to be conspicuous on the outside of the vehicle a
logo in a form approved by or with the authority of the Traffic
Director for London and containing the words "dial-a-ride"; and

(ii) constructed or adapted for the carriage of disabled persons and
their companions and which is being used to provide a service for the
carriage of such persons;


(i) "times of operation" means


- in relation to a bus lane specified in an item in column (2) of
the table in schedule 1, the times specified in column (3) of that
item, and

- in relation to a bus-only route specified in an item in column
(2) of the table in schedule 2, the times specified in column (3) of
that item;


(j) an entry in column (3), (4) or (5) of an item in the table in
schedule 1 or 2 applies to that column in subsequent items in that
table.


Bus Priority Controls
3. - (1) Except as provided in articles 4 and 5, no person shall
cause a vehicle to be in a bus lane in a length of road specified in an
item in column (2) of the table in schedule 1 during the times specified
in that item in column (3) of that item unless that vehicle is proceeding
in the direction specified in column (4) of that item and is of a type
specified in column (5) of that item.

(2) Except as provided in article 5, no person shall cause a vehicle
to be in a bus-only route in an area of road specified in an item in
column (2) of the table in schedule 2 during the times specified in that
column (3) of that item unless that vehicle is proceeding in the direction
or directions specified in column (4) of that item and is of a type
specified in column (5) of that item.

Exemptions-Bus Lanes
4. - (1) The controls specified in article 3(1) do not apply so as
to prevent a vehicle being in a bus lane if and for as long as necessary -

(a) to enable a person to get on or off the vehicle; or

(b) to enable goods to be loaded on to or unloaded from the vehicle;


if and in so far as the activity is not prohibited by the provisions of
any other Order.

(2) The controls specified in article 3(1) do not apply in respect of
a vehicle which is being used for a purpose which is within an exemption
to a restriction or prohibition imposed by any other Order or which is
permitted by any other Order.

(3) The controls specified in article 3(1) do not apply in respect of
a vehicle crossing a bus lane to get to or from any road adjacent to the
bus lane or any vehicular access to premises adjacent to the bus lane.

Exemptions-Bus Lanes and Bus-Only Routes
5. - (1) The controls specified in articles 3(1) and 3(2) do not
apply in respect of a vehicle being in a bus lane or a bus-only route if
the vehicle is being used in-


(a) the service of a local authority for the purpose of collecting
refuse;

(b) the pursuance of any statutory duty of the Post Office for the
purpose of collecting or delivering letters provided the vehicle bears
the Royal Mail livery;

(c) connection with the removal of any obstruction to traffic;

(d) connection with the maintenance, improvement or reconstruction of
any road;

(e) connection with the maintenance, improvement or construction of any
street furniture including bus stop infrastructure;

(f) connection with any building operation or demolition;

(g) connection with the laying, erection, alteration or repair in or
near the bus lane of any sewer or of any main, pipe or apparatus for the
supply of gas, water or electricity, or of any telecommunications
apparatus as defined in paragraph 1(1) of Schedule 2 of the
Telecommunications Act 1984[5];


if the vehicle cannot be used for that purpose without being in the bus
lane or the bus-only route and in so far as the activity is not prohibited
by the provisions of any other Order.

(2) The controls specified in article 3(1) and 3(2) do not apply in
respect of a vehicle being in a bus lane or bus-only route -


(a) so as to avoid an accident;

(b) to allow a person to get or give help in consequence of an accident
or emergency or otherwise take action for public safety;

(c) to such an extent and for such a time as is needed to comply with
any requirement resulting from works or an emergency in any part of the
road adjoining the bus lane or bus-only route;


(3) The controls specified in articles 3(1) and 3(2) do not apply in
respect of anything done with the permission or at the direction of a
police constable in uniform or a traffic warden.

Revocation or variation of existing Orders
6. The Camden & Westminster (Bus Lane) (No. 2) Traffic Order 1992,
The Camden (Bus Lanes) (No. 2) Traffic Order 1984, The Camden (Bus Lane)
(No. 1) Traffic Order 1980, The Camden (Bus Lanes) (No. 1) (1975)
(Amendment No. 1) Traffic Order 1978, The Camden (Bus Lanes) (No. 1)
Traffic Order 1975 and The A41 Trunk Road (Camden) Red Route (Bus Lanes)
Traffic Order 1998[6] are hereby revoked in so far as their provisions
relate to any length of road specified in the tables in the schedules to
this Order.

Signed in accordance with a direction from the Secretary of State


Derek Turner
Traffic Director for London

18th December 1998


SCHEDULE 1
Article 3(1)

Bus Lanes

Table
(1) (2) (3) (4) (5)
Item Lengths of road Times of operation Direction of travel and type
of bus lane Type of permitted vehicle
1.A41 Finchley Road-the north-east side, between the common boundary
of nos. 334 and 336 Finchley Road and the common boundary of nos.
216 and 218 Finchley Road.7 am-10 am Monday-Friday
inclusiveSouth-eastbound with-flow bus laneBus, Taxi, Pedal Cycle,
Dial-a-ride bus
2.A41 Finchley Road-the north-east side, between a point 12.50
metres north-west of the north-westernmost wall of no. 204 Finchley
Road and the north-western kerbline of Canfield Gardens.
3.A41 Finchley Road-the north-east side, between a point opposite
the north-western wall of nos. 17 to 19 New College Parade, Finchley
Road and a point 1 metre north-west of a point opposite the party
wall of nos. 1 and 2 Harben Parade, Finchley Road.
4.A41 Finchley Road-east side, between a point 1.5 metres south of
the southern wall of Jevons House and a point 35 metres north of the
northern kerbline of Boundary Road.
5.A41 Finchley Road-the south-west side, between the northern
kerbline of Boundary Road and a point 2.50 metres north-west of a
point opposite the party wall of nos. 171 and 171a Finchley Road.4
pm-7 pm Monday-Friday inclusiveNorth-westbound with-flow bus
laneBus, Taxi, Pedal Cycle, Dial-a-ride bus
6.A41 Finchley Road-the south-west side, between a point opposite
the party wall of nos. 225 and 227 Finchley Road and a point 2.50
metres north-west of the southernmost wall of nos. 321 to 327
Finchley Road.
7.A41 Finchley Road-the south-west side, between a point 12 metres
south-east of the party wall of nos. 349 and 351 Finchley Road and a
point opposite the south-easternmost wall of no. 415 Finchley Road.

8.A41 Finchley Road-the south-west side, between a point opposite
the party wall of nos. 481 and 483 Finchley Road and a point
opposite the party wall of nos. 563 and 565 Finchley Road.


SCHEDULE 2
Article 3(2)

Bus-only Routes

Table
(1) (2) (3) (4) (5)
Item Areas of road Times of operation Direction of travel Type of
permitted vehicle
None

Statutory Instrument
This is the legal document, that empowers local authorities to fine(PCN) the car owner (not the driver) for a vehicle, or part of vehicle found to be ilegaly in a Bus lane. The important section for car owners, are the exclusions to section 3, most of which you wont find in the "reason to appeal" on the local authority, or the Government appeals website. >>>>>>>
I assume they don't want troublesome motorist, desperatly trying to hang on to their hard earned cash. I hunted this Instrument down, from the HMSO website, this was out of sheer frustration. After seeking advice from the appeals website, it looked like I had no case for an appeal. Even though I was forced into the Bus lane by an aggressive Black cab(Blue). I thought, this cant be right, what if a car skidded across the road, and I swerved to avoid it, and went into the bus lane. According to the appeals website,(See to right). this is not grounds for an appeal. Bastards! I thought, I am going to have to pay £100. I think, click, click, so an old lady walks across the road, I have a choice, run her over, or get a £100 Fine.. No! No!, that isn't right, I have some faith in the fairness of our legal system, and here it is. It clearly states in the Instrument, - Exemptions-Bus Lanes (3)(4)
2(a) so as to avoid an accident; (one of over 20 exemptions, surprisingly also dropping, or picking up a passenger is exempt - 4(a))
I have looked at a few of these instruments from different councils, they are all pretty well the same..If you take the time to read the exemptions you will be quite surprised.
My incident was genuine, I was avoiding a taxi, and went into the Bus lane. I could have been dropping my girlfriend off, or felt dizzy, the car breaks felt strange, so I pulled over to avoid an "accident". The computations are endless,. I am not suggesting willfully using the bus lane in a selfish, cavalier fashion, (Maybe I am, bus lanes have gone way over the top in Lonodon) but sometimes, to nip by a slow van, or turn left when the road is clear, when the main lane is blocked, this should never be £100 fine.
Yet as my case proves, the whole altitude of local councils is to extort money, out of us, at every opportunity. We are just marks to them, apathetic suckers - Fight back. I am. They can work dammed hard for the £150 million a year they get from organized extortion.........

Taken from http://www.parkingandtrafficappeals.gov.uk/GOA-Buslane.htm

Grounds of Appeal - Bus lane

These are the ONLY grounds on which you may appeal against a bus lane PCN.


I was not the owner at the relevant time
e.g. The vehicle was sold before (or bought after) the contravention occurred. Note: under the London Local Authorities Act 1996 the owner, not the driver, is liable for a penalty charge.

There was no breach of the bus lane order/regulation
e.g. The vehicle was not in a bus lane during its hours of operation or the bus lane restrictions were not properly signed. (ed. this is very ambiguous)

The person who was in control of the vehicle at the time was in control of it without my consent
e.g. The vehicle was driven in the bus lane after being stolen.

The police are already taking action
Instead of the Council or TfL imposing a civil penalty under their powers, the police can take criminal action against the driver at the time of the alleged breach. This ground applies if the driver of the vehicle has received a Fixed Penalty Notice or a Notice of Intended Prosecution for the same breach.



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