Council loses John Dobson Street decision

NOTE: Embargoed to 8am, Thursday July 16.

An infamous Newcastle city centre bus lane with the most lucrative enforcement camera in England has finally been deemed inadequate by a tribunal.

After a three-year wait, the chief adjudicator at the Traffic Penalty Tribunal has upheld a ruling that controversial signage for the northbound bus lane on John Dobson Street did not give drivers enough warning of the restrictions.

However, it is still not known whether motorists caught out by the camera will have their fines refunded.

The road was redesigned in 2016 and a camera to spot people driving in the bus lane soon became the most prolific in the country – generating nearly £6,000 a day from penalty charges for Newcastle City Council.

Almost 92,000 drivers were caught out on the northbound side of the road between the camera being installed in February 2016 and shut off in June 2017, after angry drivers complained that signs to warn them they were approaching a bus lane were not good enough.

The Traffic Penalty Tribunal (TPT) said in summer 2017 that a motorist is entitled to know what lies ahead of them before entering the road, finding that the northbound signage was inadequate but that the council “substantially complies” with Department for Transport rules.

The council then demanded a review of the tribunal’s initial decision to get clarity on exactly what was wrong with the signage, and fines for drivers improperly using the bus lane have been suspended ever since.

The TPT’s chief adjudicator has now finally issued a decision to the council, ruling against the local authority – though Caroline Sheppard’s full report is yet to be made public.

Newcastle City Council said it had not yet decided whether to appeal to the High Court for a judicial review, what changes will be made to the bus lane now, or whether drivers who were fined for using the bus lane previously will be refunded.

Coun Arlene Ainsley, the council’s cabinet member for transport, accused the tribunal of “a total disregard for the city and those drivers affected” by taking three years to issue a ruling.

She added: “We would absolutely refute any suggestion that the council has been negligent or has misled drivers in any way, particularly as the measures we put in place were compliant with the government guidelines.

“Today’s decision leaves us in a position where our signage has been deemed inadequate by the chief adjudicator for the Traffic Penalty Tribunal even though it meets government requirements.

“Clearly there is a discrepancy between the requirements set by the Department for Transport (DfT) and the standards expected by the Traffic Penalty Tribunal.

“It is precisely these inconsistencies, both with different adjudications and the DfT guidance we have to follow, which prompted us to request this review all those years ago – and it is disappointing that these issues have still not been adequately addressed in the chief adjudicator’s decision.

“We will be seeking urgent discussions with the DfT to understand why the two sets of requirements are inconsistent and to clarify how we can ensure our signage is compliant with the government standards.

“We will be reviewing these findings before making any further announcements – although drivers can be assured that we will be providing further information in a much shorter timescale than it has taken the Tribunal to complete this review.”

Coun Ainsley insisted that “bus lanes are not there to make money for the council”, but are there to keep public transport services running on time.

Fines from the bus camera totalled £1.5 million from February to October 2016 alone.

While the signage on the northbound bus lane on John Dobson Street is still being reviewed, all fines will remain suspended and those caught driving in the bus lane will receive warning letters.

Enforcement on the southbound bus lane – travelling away from the Civic Centre – will continue.

The fine for driving in a bus lane is £60, but can be reduced to £30 if paid within 14 days.

The TPT was contacted for a comment.