Ruth Stockley Successfully Resists Judicial Review Of Traffic Penalty Tribunal’s Decision That A Bus Lane Restriction Signed As A Pedestrian Zone Restriction Is Not Enforceable.
In an important decision to all local traffic authorities on the adequacy of traffic signs for the enforcement of traffic regulation orders, Ruth Stockley, instructed by the Traffic Penalty Tribunal, successfully resisted Nottingham City Council’s judicial review of the Bus Lane Adjudicator’s finding that pedestrian zone road signs provide inadequate information to road users of a bus lane. The Administrative Court found that the contravention of a pedestrian zone restriction is not currently subject to civil enforcement in England outside London, and that a bus lane restriction must be signed as a bus lane in order to be enforceable.
Further, the oft-cited decision of Beatson J. in R. (Oxfordshire County Council) v. Bus Lane Adjudicator [2010] EWHC 894 (Admin) was found to turn on its particular facts, whilst the Court of Appeal’s approach in Herron v. The Parking Adjudicator and Ors [2011] EWCA Civ 905 was endorsed and applied, namely that the enforceability of a traffic regulation order requires adequate notice of the applicable restriction to be given to the road user.
Full Details of the decision can be found here.
