Bus Lane Adjudication Service Joint Committee

Transcription

1 Working Group For The Review Of Bus Lne Trffic Regultion Orders Specimen Articles And Trffic Regultion Order For Bus Lnes

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3 CONTENTS 1. Introduction 2 2. Terms of Reference 3 3. The Legl Provisions 4 5 Bckground 4 The Definition of Bus Lne 4 Bus Lne Contrvention 5 4. Exmples of Current Bus Lne Articles 6 5. Exceptions nd Exemptions to Bus Lne TRO 7 8 Bus lne Exceptions 7 Exmples of Common Exemptions 7 Used by Locl Authorities 6. Conclusion 9 7. Suggested Definitions, Articles, Exceptions nd Exemptions 8. Exmple Bus Lne TRO Acknowledgements 15

4 1. INTRODUCTION 2. TERMS OF REFERENCE In June 2010, I, Kthryn Eldridge ws sked to led working group ppointed by the PATROL Adjudiction nd the Bus Lne Adjudiction Service to review the drfting of Bus Lne Trffic Regultion Orders (TROs) with view to publishing some recommended stndrd cluses nd rticles tht would help locl uthorities to produce cler, consistent TROs which re esier to understnd nd enforce. In setting up the working group, it ws considered tht it should consist of people with trffic regultion nd drfting experience to dvise on the ppliction nd vrious requirements of TROs nd the people listed below were co-opted onto the working group. The working group hs considered current working prctices, the sttutory provisions, the procedurl requirements nd the use of plin English nd in doing so hs tken brod pproch to the review of bus lne TROs. This report sets out the working group s suggested rticles which hve been drfted using cler, simple lnguge nd provides n exmple of simple bus lne TRO which shows how these cn be rrnged to mke them esier to understnd nd enforce. However, when drfting bus lne TROs, ech locl uthority will need to stisfy itself tht, in ddition to setting out its own locl requirements, the TROs meet the legl requirements. In conjunction with the TRO review, the Deprtment for Trnsport (DfT) hs undertken comprehensive review of rod trffic signs nd the fundmentl reltionship between the provisions of TRO nd the use of trffic signs is recognised nd understood. In the circumstnces, the review of bus lne TROs is considered timely. N.B The rticles suggested in this report re redy for use now. However, if nyone hs ny further exmples to suggest, the working group will be hppy to consider these for inclusion in lter edition of this report The Working Group Led Member Bus Lnes Trffic Regultion Orders Kthryn Eldridge, Legl Adviser with Bth nd North Est Somerset Council for 9 yers with 13 yers locl government experience. Specilising in rod trffic regultion, bus lnes, highwy nd trnsporttion relted issues s well s compulsory purchse order lw. Regulrly dvises on bus lne civil enforcement, prking civil enforcement, rod trffic regultion lw nd ll spects of highwy lw. A member of the PATROL nd Advisory Bord. Led Member Prking Trffic Regultion Orders Chris Brmhm, Principl Legl Officer, (Development), Leeds City A Principl Legl Officer with Leeds City Council with over 35 yers locl government experience. A specilist in highwys, trffic mngement nd trnsport relted mtters. An experienced lecturer he hs been involved in the promotion of cts of prliment, numerous public inquiries, s well s dvising on ll spects of decriminlised prking enforcement. In 2007/8 he ws member of n independent committee reviewing notices nd forms required by regultions mde under the Trffic Mngement Act The following terms of reference pply to both the prking nd bus lne Working Groups. The Working Group is requested to: 1. Review the fundmentl requirements of the trffic regultion orders used by locl uthorities in Englnd (outside London) nd Wles in the course of civil enforcement of prking nd bus lnes. These should include: Witing restrictions b Stopping nd keep cler restrictions c On-street permitted prking d Off-street prking plces 2. Consider issues concerning TROs tht hve been rised by the Adjudictors in their decisions. 3. Mke recommendtions for specimen trffic regultion cluses nd rticles to be used by locl uthorities in Englnd (outside London) nd Wles.These should include specimen provisions for the: Exemptions of witing restrictions b Requirements of permitted prking e.g. i ii Py nd disply Permit bys iii Limited witing iv Suspension These will be recommendtions s to best prctice. It will be stressed tht individul councils must stisfy themselves independently tht their TROs meet ll the sttutory requirements. 4. In prticulr, consider cluses nd rticles for use with schedules predicted on mps nd plns. 5. Undertke pproprite consulttion to ensure clrity nd understnding of specimen documents nd on ny other mtter tht the Working Group identifies nd considers necessry. 6. Produce progress report for considertion by the PATROL nd Bus Lne Adjudiction Service s t their meetings in Jnury 2011 (this ws done). In mking their recommendtions, the Working Group is requested to: Reflect the underlying requirements of the Rod Trffic Regultion Act 1984, the Locl Authorities Trffic Orders (Procedure) (Englnd nd Wles) Regultions 1996, the Locl Authorities Trffic Orders (Exemptions for Disbled Persons) (Englnd) Regultions 2000 nd the Locl Authorities Trffic Orders Exemptions for Disbled Persons) (Wles) Regultions Co-opted Members Croline Stylinou, Service Mnger, Nottinghm City Council Trffic nd Sfety. Chir of the Bus Lne Council User Group Terry Curtis, TRO Tem Leder Hertfordshire County Council Aln Crpenter, Trffic Mngement Division, DfT Andy Cly, Brentwood Borough Council responsible for TRO s John Wilson, Drftsmn with rnge of legisltive experience cross the Commonwelth Mike Burnell, Trnsport nd Strtegic regenertion, Welsh Assembly Government Steve Crrel, Prking Mnger, Crdiff 2 3

5 3. THE LEGAL PROVISIONS 3. THE LEGAL PROVISIONS (CONTINUED) Bckground Regultion 23 Trffic Signs Regultions nd Generl Directions 2002 The current legisltion concerning the civil enforcement of bus lnes is the Trnsport Act This enbles locl uthorities tht hve been grnted civil prking enforcement powers to introduce the civil enforcement of bus lne contrventions. To be pproved s bus lne enforcement uthority, there must first be n order in plce designting ll or prt of locl uthority s re s permitted or specil prking re under the provisions contined in the Rod Trffic Act 1991 or s civil enforcement re for prking contrventions under the provisions contined in the Trffic Mngement Act Locl uthorities tht re pproved for the purposes of bus lne enforcement re set out in the Bus Lne Contrventions (Approved Locl Authorities) (Englnd) Order An pproved locl uthority must lso be member of the which ppoints nd provides fcilities for the bus lne Adjudictor. Section 144 of the Trnsport Act 2000 provides the powers enbling the Secretry of Stte to mke provision for the imposition of penlty chrges for bus lne contrventions nd their pyment nd the current regultions re The Bus Lne Contrventions (Penlty Chrge, Adjudiction nd Enforcement) (Englnd) Regultions A penlty chrge notice is issued by post on the bsis of evidence produced by n pproved device which is n pproved unttended cmer enforcement system or pproved equipment for recording the evidence from ttended cmer systems (see The Bus Lne Contrventions (Approved Devices) (Englnd) Order 2005). Bus lne offences re not decriminlised in the sme wy s prking offences nd bus lne trffic regultion order (TRO) my continue to be enforced by the police s criminl offence s well s through the civil procedure. However, no one cn be penlised under both procedures for the sme mtter. A bus lne TRO is mde in the sme wy s ny other TRO under powers contined in the Rod Trffic Regultion Act In the signs shown in the permitted vrints of digrms 877 nd 878 in which the expression bus lne ppers nd in digrm 962, 962.2, 963, 963.2, 964, 1048 nd , bus lne hs the mening given in prgrph (2). 2 Bus lne in the signs referred to in prgrph (1) mens trffic lne reserved for - b motor vehicles constructed or dpted to crry more thn 8 pssengers (exclusive of driver); locl buses not so constructed or dpted; c pedl cycles nd txis where indicted on the sign shown on digrm 958, 958A, 959 or 959A nd pedl cycles where indicted on the sign shown in digrm 960, 962.2, or ; nd d solo motor cycles where indicted on the sign shown in digrm 958A or 959A The Trnsport Act 2000 hs wider definition for enforcement purposes nd the Trffic Signs Regultions nd Generl Directions 2002 (TSRGD 2002) hs nrrower definition for signge purposes. Some existing TROs refer to bus only streets nd bus gtes which don t pper to be defined by legisltion but re terms used in the Trffic Signs Mnul issued by the DfT. In the Trffic Signs Mnul, bus only street is one wy or two wy rod which is for use by buses (cycles nd/or txis) nd bus gte is short length of bus only street. The DfT s pproch to signge ppers to differ depending on whether there is bus lne, s defined in the TSRGD 2002, bus only street or bus gte. If the terms bus only streets nd bus gtes re to be used in TRO, in order to ensure tht they re enforceble, they would need to be defined s bus lnes in ccordnce with the Trnsport Act The Trffic Mngement Act 2004 lso contins provisions relting to the civil enforcement of bus lnes but to dte, these re not in force. The Definition of Bus Lne There re currently two definitions of bus lne: section 144(5) of the Trnsport Act 2000 nd regultion 23 of the Trffic Signs Regultions nd Generl Directions The Trffic Mngement Act 2004 lso contins definition of bus lne, which is the sme s currently exists in the Trnsport Act However, s stted bove, these provisions re not yet in force. Bus Lne Contrvention Section 144(4) of the Trnsport Act 2000 Section 144(5) Trnsport Act A bus lne contrvention is contrvention of ny such provision of - An re of rod is or forms prt of bus lne if the order provides tht it my be used - trffic regultion order only by buses (or prticulr description of bus), or b n experimentl trffic order, or b only by buses (or prticulr description of bus) nd some other clss or clsses of vehiculr trffic. With regrd to some other clss or clsses of vehiculr trffic, section 142(3) of the Rod Trffic Regultion Act 1984 provides tht references in this Act to clss of vehicles or trffic...shll be construed s references to clss defined or described by reference to ny chrcteristics of the vehicles or trffic or ny other circumstnces whtsoever. c temporry trffic restriction order s reltes to the use of n re of rod which is or forms prt of bus lne. To dte, the following provisions of the Trffic Mngement Act 2004 re not yet in force but stte: Schedule 7, Prt 2 of the Trffic Mngement Act Bus Lne Contrventions The interprettion of section 142(3) Rod Trffic Regultion Act 1984 hs recently been considered in the cse of R on the ppliction of Oxfordshire County Council v The Bus Lne Adjudictor nd Shun Duffy (Interested Prty) 2010 where it ws held tht ny other circumstnces whtsoever is n lterntive to ny chrcteristics of the vehicles or trffic mening tht clsses of vehiculr trffic re not limited to the chrcteristics of the vehicle but cn be extended to include ctivities tht the vehicle my be used for e.g. loding/unloding. 6 (1) A bus lne contrvention is contrvention of ny provision of trffic order relting to the use of n re of rod tht is or forms prt of bus lne. 6 (2) An re of rod is or forms prt of bus lne if the order provides tht it my be used only by buses (or prticulr description of bus), or b only by buses (or prticulr description of bus) nd some other clss or clsses of vehiculr trffic. 6 (3) In this prgrph bus includes trmcr (within the mening of section 141A of the Rod Trffic Regultion Act 1984 nd trolley vehicle (within the mening of tht section). In the Deprtment for Trnsport Provisionl guidnce on bus lne (including trmwy) enforcement in Englnd outside London, it dvises tht Councils should ensure tht their trffic regultion orders stte tht the offence is to be in (emphsis dded) bus lne rther thn to enter or proceed. 4 5

6 4. EXAMPLES OF CURRENT BUS LANE ARTICLES Below re exmples of the different pproches currently dopted by locl uthorities in drfting bus lne TRO rticles. Exmple 1 1. i Sve s provided in this Article, no person shll, except with the permission of Police Constble in uniform, cuse ny vehicle to be in nd/or proceed (in ny lengths of rod specified in Column 2 of Schedule 8 of Prt II of this Order) during the times specified in Column 4 of tht schedule in ii the direction specified, or iii ny direction, where no direction is specified, in reltion to length of rod specified in Column 2 2. Nothing in Prgrph 1(1) of this Article shll pply to ny vehicle, which is of one or more of the ctegories specified, in Column 3 of Schedule 8 to Prt II of this Order, in reltion to ech rod or length of rod specified in Column 2 of the sid Schedule. 3. Nothing in Prgrph 1(1) of this Article shll pply to: pedl cycle b bus or c trmcr when it is indicted on the relevnt sign nd is erected in ccordnce with the Trffic Signs Regultions nd Generl Directions, in reltion to ech rod or length of rod specified in Column 2 of the sid Schedule. Exmple 2 1. Sve s provided in Article 2 of this Order, no person shll cuse ny motor vehicle to be in length of rod specified in the Schedule to this Order. 2. Nothing in Article 1 of this Order shll pply so s to prevent ny person from cusing ny motor vehicle to be in the length of rod specified in the Schedule if the vehicle is bus, txi or pedl cycle Exmple 3 1. Sve s provided in Article * of this Order, no person shll, except upon the direction or with the permission of constble in uniform, trffic wrden or prking ttendnt, cuse or permit ny vehicle other thn bus to be in the reserved bus lne specified in Schedule 1 to this Order t ny time. 2. Sve s provided in Article * of this Order, no person shll, except upon the direction or with the permission of constble in uniform, trffic wrden or prking ttendnt, cuse or permit ny vehicle other thn bus or cycle to be in the reserved bus nd cycle lnes specified in Schedule 2 to this Order. 3. Sve s provided in Article * of this Order, no person shll, except upon the direction orpermission of constble in uniform, trffic wrden or prking ttendnt, cuse or permit ny vehicle other thn bus or hckney crrige to be in the reserved bus nd hckney crrige lnes specified in Schedule 3 to this Order t ny time. 5. EXCEPTIONS AND EXEMPTIONS TO A BUS LANE TRO It is understood tht the Deprtment for Trnsport holds the generl view tht exceptions to TRO need to be signed wheres exemptions do not. The rgument for exemptions not being signed is tht they re limited to locl uthority s re nd s such would be known nd understood by the locl motorist. However, there my be exceptions to this generl view. Bus Lne Exceptions The bus lne exceptions provided for by trffic signs prescribed in the Trffic Signs Regultions nd Generl Directions 2002 (TSRGD 2002) re: Buses Txis Pedl cycles nd Solo motor cycles In ddition to these, n exmple of common exception used by locl uthorities in bus lne TROs is for privte hire vehicles s these ren t included in the definition of txi in the TSRGD It is understood tht these re usully signed s n uthorised vehicle nd sign would need to be uthorised by the Secretry of Stte becuse it is outside the scope of the prescribed signs in the TSRGD In this sitution the term uthorised vehicle will require definition in the TRO nd need to be included in the prohibiting rticle rther thn be treted s n exemption. Exmples of Common Exemptions Used By Locl Authorities It is quite common for locl uthorities to provide exemptions in their bus lne TROs. A common exmple is n exemption for police, fire nd mbulnce vehicles. Whilst there re exemptions common to most bus lne TROs, others will vry between locl uthorities s they re dependnt on locl requirements. Whilst the list is not exhustive, some exmples of how exemptions re currently drfted by locl uthorities re set out below. 1. The controls specified in do not pply in respect of vehicle being in bus lne:- if it is being used for mbulnce, fire brigde or police purposes; to such n extent nd for such time s is needed to comply with ny requirement resulting from works or n emergency; or nything done with the permission or direction of police constble in uniform. 2. The controls specified in do not pply so s to prevent vehicle being in bus lne:- if nd for so long s my be necessry to enble person to get on or off the vehicle; or to enble goods to be loded on to or unloded from the vehicle; or to cross tht bus lne to get to or from ny rod djcent to the bus lne or ny vehiculr ccess to premises djcent to the bus lne. 4. Sve s provided in Article * of this Order, no person shll, except upon the direction or permission of constble in uniform, trffic wrden or prking ttendnt, cuse or permit ny vehicle other thn bus, hckney crrige or cycle to be in reserved bus, hckney crrige nd cycle lne specified in Schedule 4 to this Order between the hours of 7.00m to 10.00m nd 4.00pm nd 7.00pm on Mondy to Fridy. 6 7

7 5. EXCEPTIONS AND EXEMPTIONS TO A BUS LANE TRO (CONTINUED) 3. The controls specified in do not pply in respect of vehicle stopping in bus lne or bus-only route if tht vehicle is:- security vehicle being used to trnsport csh or bullion; vehicle being used in the service of locl uthority for the purpose of collecting refuse from premises; vehicle in the service of locl uthority or wter uthority in pursunce of sttutory powers or duties; vehicle which cnnot be conveniently used for such purpose in ny other rod, to be used in connection with ny of the following opertions, nmely b c d building or demolition purposes the removl of ny obstruction to trffic the mintennce, improvement or reconstruction of the sid lengths of rod; or the lying, erection, ltertion or repir in, or in lnd djcent to, the sid lengths of rods of ny sewer or of ny min, pipe or pprtus for the supply of gs, wter or electricity, cble television pprtus, or of ny telecommunictions system s defined in the Telecommunictions Act Nothing in rticle of this Order shll pply to vehicle being used for the plcing, mintennce or removl of ny trffic sign. 5. Nothing in rticle of this Order shll render it unlwful for person to cuse or permit ny vehicle to enter the bus or cycle lne for so long s my be necessry to void n ccident. 6. CONCLUSION The exmples provided show the different wys in which locl uthorities currently pproch TRO drfting. For ech locl uthority there cn be different drfting style which is often pssed on from officer to officer nd dtes bck mny yers. A common criticism of existing TROs is the complicted nd inconsistent wys in which they re drfted nd the use of n out dted style of lnguge. This mens tht the TROs re often difficult to understnd nd hrd to enforce. The introduction of the civil enforcement of bus lnes hs ment tht bus lne TROs now come under greter scrutiny both by the public nd the Adjudictors nd ultimtely, when fced with n ppel to bus lne penlty chrge notice, it is for n Adjudictor to consider the terms of the TRO nd decide if its provisions hve been contrvened. If the TRO is drfted in mbiguous terms, often the Adjudictor hs no option but to llow the ppel. The suggested rticles provided below seek to ddress these problems by using cler, simple lnguge nd the exmple TRO sets out how these cn be rrnged in such wy s to mke them esier to understnd nd therefore esier to enforce. The benefits to be gined from dopting this stndrd pproch re considered to be: 1. greter understnding by the public of locl bus lne TROs 2. the provision of more robust enforcement regime 3. reduction in the resources required for drfting bus lne TROs nd 4. time nd cost sving for the Adjudictors. 6. Nothing in rticle shll prevent vehicle from being in bus lne if nd for s long s necessry to enble the vehicle to be used for llowing person to get or give help in consequence of n ccident or emergency or otherwise tke ction for public sfety. 7. Nothing in rticle of this Order shll pply to mrked vehicle which, whilst used by universl service provided in the course of provision of universl postl service, is sttionry only for so long s my be resonbly necessry for postl pckets to be collected t premises immeditely djcent to the bus lne. 8. Nothing in rticle of this Order shll pply to vehicle which is prt of the Lord Myor s Prde, students rg prde, My Dy prde or ny other prde or procession or Specil Tour which the Council my gree to permit from time to time. 8 9

8 7. SUGGESTED DEFINITIONS, ARTICLES, EXCEPTIONS AND EXEMPTIONS Definitions The following re exmples of common definitions used in bus lne TROs. However, the list is not exhustive nd locl uthorities will need to consider their own locl requirements nd use ny other definitions they consider necessry. uthorised vehicle - mens [ privte hire vehicle] [ny vehicle provided for in this order other thn bus, txi or pedl cycle] [ vehicle tht hs been uthorised in writing by the Council/Prking Mnger] The wording in squre brckets hs been included so tht locl uthorities cn include or delete s required. If the uthorised vehicle is n exception i.e. something tht needs to be signed, then it will need to be included in the prohibiting rticle rther thn treted s n exemption in the TRO. It will require definition nd need n uthorised sign from the Secretry of Stte. A common exmple of n exception is privte hire vehicle which isn t included in the definition of txi in the TSRGD Further to this nd following recent mendments to the TSRGD 2002, there hve been some dditionl permitted vrints uthorised for digrm 620 so it will be for individul locl uthorities to check to see if these re relevnt to their locl circumstnces. bus - mens motor vehicles constructed or dpted to crry more thn 8 pssengers (exclusive of driver); nd locl buses not so constructed or dpted nd includes trmcr (within the mening of section 141A of the Rod Trffic Regultion Act nd trolley vehicle within the mening of tht section. bus lne - mens n re of rod tht my be used only by buses (or prticulr description of bus), or only by buses (or prticulr description of bus) nd some other clss or clsses of vehiculr trffic s provided for in this order nd includes the terms bus gte nd bus only street locl bus mens public service vehicle used in provision of locl service not being n excursion or tour ; locl service hs the sme mening given in section 2 of the Trnsport Act 1985 ; pedl cycle mens unicycle, bicycle, tricycle, or cycle hving 4 or more wheels, not being in ny cse mechniclly propelled unless it is n electriclly ssisted pedl cycle of such clss s is to be treted s not being motor vehicle for the purposes of the Act of 1984 ; privte hire vehicle hs the sme mening given in section 80 of the Locl Government (Miscellneous Provisions) Act 1976; public service vehicle hs the mening given in section 1 of the Public Pssenger Vehicles Act 1981 ; txi mens in Englnd nd Wles, vehicle licensed under section 37 of the Town Police Cluses Act 1847; or section 6 of the Metropolitn Public Crrige Act 1869; or under ny similr enctment ; Locl uthorities should insert ny definitions tht re relevnt to their locl requirements. 7. SUGGESTED DEFINITIONS, ARTICLES, EXCEPTIONS AND EXEMPTIONS (CONTINUED) Articles The following re suggested rticles for use in bus lne TROs. The list is not exhustive but shows how rticles cn be worded using simpler lnguge. However, locl uthorities will need to consider locl requirements when deciding wht rticles to include in their bus lne TROs. Prohibitions 24 hours dy Subject to Articles *, * nd * [motor] vehicle other thn bus must not be in bus lne specified in Schedule */shown on Pln * t ny time [other thn on public holidy]. Subject to Articles *, * nd * [motor] vehicle other thn bus or txi must not be in bus lne specified in Schedule */shown on Pln * t ny time [other thn on public holidy]. Subject to Articles *, * nd * [motor] vehicle other thn bus, txi or pedl cycle must not be in bus lne specified in Schedule */shown on Pln * t ny time [other thn on public holidy]. Subject to Articles *, * nd * [motor] vehicle other thn bus, txi, pedl cycle or uthorised vehicle must not be in bus lne specified in Schedule */shown on Pln * t ny time [other thn on public holidy]. Between Specified Times Subject to Articles *, * nd * [motor] vehicle other thn bus must not be in bus lne specified in Schedule */shown on Pln * between [ m/pm] nd [ m/pm] [other thn on public holidy]. ubject to Articles *, * nd * [motor] vehicle other thn bus or txi must not be in bus lne specified in Schedule */shown on Pln * between [ m/pm] nd [ m/pm] [other thn on public holidy]. Subject to Articles *, * nd * [motor] vehicle other thn bus, txi, pedl cycle or uthorised vehicle must not be in bus lne specified in Schedule */shown on Pln * between [ m/pm] nd [ m/pm] [other thn on public holidy]. Subject to Articles *, * nd * [motor] vehicle other thn bus, txi, pedl cycle or uthorised vehicle must not be in bus lne specified in Schedule */shown on Pln * between [ m/pm] nd [ m/pm] [other thn on public holidy]. Locl uthorities should insert ny rticles tht re relevnt to their locl requirements. The words motor nd other thn on public holidy hve been included in squre brckets so tht locl uthorities cn include or delete s required. Section 3 of the Rod Trffic Regultion Act 1984 [The Council is stisfied tht the provisions of section 3(1) of the1984 Act shll not hve effect becuse the order is required: for voiding dnger to persons or other trffic using the rod to which the order reltes or ny other rod, or b for preventing the likelihood of ny such dnger rising, or c for preventing dmge to the rod or building on or ner it, or 1 Regultion 22, TSRGD Section 144 Trnsport Act 2000 nd Prt 2 of Schedule 7 Trffic Mngement Act Regultion 4, TSRGD Regultion 4, TSRGD Regultion 4, TSRGD Regultion 4, TSRGD Regultion 4, TSRGD 2002 d for fcilitting the pssge of vehiculr trffic on the rod, or e for preserving or improving the menities of n re by prohibiting or restricting the use on rod or rods in tht re of hevy commercil vehicles.] This rticle relting to section 3 of the 1984 Act hs been included in squre brckets for inclusion or deletion s required nd when using it, locl uthorities will need to consider which resons pply

9 7. SUGGESTED DEFINITIONS, ARTICLES, EXCEPTIONS AND EXEMPTIONS (CONTINUED) 8. EXAMPLE BUS LANE TRO Exemptions The following is list of the most common exemptions used in bus lne TROs drfted in clerer, simpler wy. Articles *, * nd * do not pply to vehicle tht is in bus lne under the direction or with permission of police constble in uniform or for the purposes of crossing the bus lne. Articles *, * nd * do not pply to vehicle tht is in bus lne if it is necessry for the vehicle: b c d e f to be used for mbulnce, fire brigde or police purposes [if the vehicle is clerly mrked s such] [whilst performing its sttutory duties] [whilst in use s such]; to remove n obstruction; to void n ccident; to collect or remove refuse or wste; to be used for or in connection with: i ii building, industril or demolition opertions in or on lnd djcent to the bus lne or removls from lnd or buildings djcent to the bus lne where the prior written consent of the [Council] [Highwy] [Prking] [Other] mnger hs been received; the lying, erection, ltertion or repir of sewer, pipe or pprtus for the supply of wter, gs, electricity or telecommunictions pprtus in or on lnd djcent to the bus lne; or iii the mintennce, improvement or reconstruction of the bus lne; which is in the service of universl service provider to deliver or collect postl pckets s defined in section 125(1) of the Postl Services Act 2000 to premises djcent to the bus lne. Below re some further exmples of exemptions tht cn be used in bus lne TROs. Some of these re vritions of those provided bove. Articles *, * nd * do not pply to vehicle tht is in bus lne to collect goods from or deliver goods to premises djcent to the bus lne. Articles *, * nd * do not pply to vehicle requiring ccess to off street loding or grge premises djcent to or ccessible only from the bus lne. Articles *, * nd * do not pply to highwy clensing vehicle when performing its sttutory duties. Articles *, * nd * do not pply to highwy gritting vehicle when performing its sttutory duties. Articles *, * nd * do not pply to locl uthority vehicle or wter compny vehicle being used on sttutory duties. Articles *, * nd * do not pply to vehicle being used in the service of locl uthority, the Environment Agency, wter undertker or sewerge undertker on sttutory duties. Articles *, * nd * do not pply to trm opertor vehicles undertking essentil or routine mintennce of the trm system. Articles *, * nd * do not pply to vehicle being used to repir or remove bus or other vehicle tht hs broken down in the bus lne. Articles *, * nd * do not pply to vehicle being used by doctor responding to n emergency cll if the vehicle is displying green flshing light. This list is not exhustive nd Councils will need to consider locl requirements when deciding wht exemptions to include in their bus lne TROs. Some bus lne TROs hve been criticised for being difficult to understnd nd enforce becuse of the extensive use of exceptions nd exemptions. These hve cused confusion nd misunderstnding with the motorist who, when fced with complicted signge, is unsure bout wht options re vilble. This hs led to ppels ginst bus lne penlty chrge notices being upheld. In deciding wht exceptions or exemptions to provide in bus lne TRO, Councils need to consider how they re going to be communicted to the motorist. The more exceptions nd exemptions the TRO provides, the greter the potentil for confusion, chllenge nd unenforcebility. Therefore, in providing for n excepted or exempted clss of vehicle locl uthority should consider how effectively it cn be signed, whether it undermines the fundmentl objective of the bus lne nd whether ny signge will need uthoristion from the Secretry of Stte. Below is n exmple of how simple bus lne TRO might look using the some of the suggested rticles nd exemptions provided bove. Anywhere Council (Description Of Rod(s))(Bus Lnes) Order 20 The Anywhere Council ( the Council ) in exercise of its powers under sections 1(1), 2(1) to (3) nd 4(1) nd 4(2) to the Rod Trffic Regultion Act 1984 ( the 1984 Act ), nd of ll other enbling powers, mkes the following order:- 1. This order my be cited s the Anywhere Council (Description of Rod(s)) (Bus Lnes) Order 20-- nd comes into opertion on the ** ******* 20-- Definitions 2. In this order, except where the context requires otherwise: uthorised vehicle mens privte hire vehicle; bus mens motor vehicles constructed or dpted to crry more thn 8 pssengers (exclusive of driver); nd locl buses not so constructed or dpted nd includes trmcr (within the mening of section 141A of the Rod Trffic Regultion Act nd trolley vehicle within the mening of tht section; bus lne mens n re of rod tht my be used only by buses (or prticulr description of bus), or only by buses (or prticulr description of bus) nd some other clss or clsses of vehiculr trffic s provided for in this order; locl bus mens public service vehicle used in provision of locl service not being n excursion or tour; locl service hs the mening given in section 2 of the Trnsport Act 1985; pedl cycle mens unicycle, bicycle, tricycle, or cycle hving 4 or more wheels, not being in ny cse mechniclly propelled unless it is n electriclly ssisted pedl cycle of such clss s is to be treted s not being motor vehicle for the purposes of the 1984 Act ; privte hire vehicle hs the mening given in section 80 of the Locl Government (Miscellneous Provisions) Act 1976; public service vehicle hs the mening given in section 1 of the Public Pssenger Vehicles Act 1981; txi mens in Englnd nd Wles, vehicle licensed under section 37 of the Town Police Cluses Act 1847; or section 6 of the Metropolitn Public Crrige Act 1869; or under ny similr enctment. Prohibition 3. Subject to Articles 7 nd 8 vehicle other thn bus, txi, pedl cycle or uthorised vehicle must not be in bus lne specified in Schedule 1/shown on Pln A t ny time. 4. Subject to Articles 7 nd 8 vehicle other thn bus or pedl cycle must not be in bus lne specified in Schedule 2/shown on Pln B between 10m nd 4pm. 5. Subject to Articles 7 nd 8 vehicle other thn bus, txi, pedl cycle or uthorised vehicle must not be in bus lne specified in Schedule 3/shown on Pln C between 8m nd 6pm other thn on public holidy. 6. The Council is stisfied tht the provisions of section 3(1) of the 1984 Act shll not hve effect becuse the order is required for voiding dnger to persons or other trffic using the rod to which the order reltes or ny other rod

10 8. EXAMPLE BUS LANE TRO (CONTINUED) 9. ACKNOWLEDGEMENTS Exemptions 7. Articles 3, 4 nd 5 do not pply to vehicle tht is in bus lne under the direction or with the permission of police constble in uniform or for the purposes of crossing the bus lne. 8. Articles 3, 4 nd 5 do not pply to vehicle tht is in bus lne if it is necessry for the vehicle: to be used for mbulnce, fire brigde or police purposes [if the vehicle is clerly mrked s such] [whilst performing its sttutory duties] [whilst in use s such]; b to remove n obstruction; c to void n ccident; d to collect or remove refuse or wste; e to be used for or in connection with: f i ii building, industril or demolition opertions in or on lnd djcent to the bus lne or removls from lnd or buildings djcent to the bus lne if the prior written consent of the [Council] [Highwy] [Prking] [Other] mnger hs been received; the lying, erection, ltertion or repir of sewer, pipe or pprtus for the supply of wter, gs, electricity or telecommunictions pprtus in or on lnd djcent to the bus lne; or iii the mintennce, improvement or reconstruction of the bus lne; which is in the service of universl service provider to deliver or collect postl pckets s defined in section 125(1) of the Postl Services Act 2000 to premises djcent to the sbus lne. Given under the Common Sel of Anywhere Council the ** dy of ***** 20**. I would like to cknowledge the ssistnce of the working group, PATROL nd the DfT. The Common Sel of Anywhere Council ws ffixed in the presence of:- Authorised Signtory SCHEDULE 1 24 hours dy Rod Nme of rod Bus Lne Description of bus lne SCHEDULE 2 10m to 4pm Rod Nme of rod Bus Lne Description of bus lne SCHEDULE 3 8m to 6pm Rod Nme of rod Bus Lne Description of bus lne 14 15

11 Joint Commitee Services Brlow House Minshull Street Mnchester M1 3DZ T F