THE legality of a 'bus gate' and a speed camera warning sign are in question after a driver’s fine was overturned by Essex County Council.
Stephen Dixon, from Harwich, drove through the bus gate in Nayland Road in Colchester in February and was fined £70, which would be reduced to £35 if paid within 21 days.
Mr Dixon argued with Essex County Council, which is responsible for Essex Highways, that as the section of the road to the roundabout is marked a ‘bus gate’ that it has no legal significance.
Mr Dixon found no mention of a ‘bus gate’ in the Highway Code, or in any legislation, and found an extract from County Hall’s 2008 'bus lane’ order for Nayland Road.
This order had no mention of the concept of a bus gate, which Mr Dixon claims is because bus gates “don’t have a legal basis”.
Mr Dixon also raised the issue of a speed camera sign further down Nayland Road – before the bus gate – which he could not see while driving as the sign was not facing the road.
As part of the appeal process, Mr Dixon received a response stating they had done a site inspection and “can confirm they are corrected and in line with the regulations”.
Mr Dixon's initial challenge was rejected by the PCN but then he sent it on appeal to an adjudicator.
Mr Dixon’s request for a video tribunal was cancelled before his fine was appealed with the adjudicator saying the “the alleged bus contravention did not occur”.
Paul Hensher, chair of the campaign group penaltychargenotice.co.uk, said: “It is an absolute disgrace how local authorities are using such enforcement to raise so much revenue.
“What incentive do they have to make sure the signs and markings are clear”.
A spokesman for Essex Highways said: "While the adjudicator recognises there is adequate warning signage in place, we respect the decision and take on board the adjudicator's reasoning.
"The bus gate remains legal as all signs and lines comply with the Department for Transport's Traffic Signs Regulations and General Directions guidance."
In response, Mr Dixon added: "There is no such thing as a bus gate legally.
"The real point is they are raising revenue illegally as the law only permits bus lanes, and this one isn’t legally in effect."
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