Hemel Bus Lane Road Traffic Regulation Order

[birdbmw]

I have examined the above order  in detail re the Moor End Lane!!!!

Forget all the arguments re signage and road markings, the restrictions in the order are incorrect.

In paragraph2 it only mentions restrictions regarding vehicles travelling in a WESTWARDS direction  along Moor End Road from Waterhouse Street.

There is are no restrictions mentioned in the order regarding the movement of vehicles traveling in an Easterly direction along Moor End Road from the junction with Leighton Buzzard Road.

Therefore the CCTV camera facing Eastwards along Moor End Road must be unlawful.

I am going to appeal on this point I suggest others to do so.
 

[Nigel W]

Welcome birdmw.

I understand that Herts. County Council will say that although the TRO uses the word Westwards this refers to the entire road and not the direction of travel. Herts. County Council could well be wrong about this. It is open to interpretation. As it is not clear it ought to fall on your side. However there is no guarantee of this.

You should include in your Appeal the fact that the signage is not doing the job that it was intended to do. This is evidenced by the grossly disproportianate number of penalties issued here.

[The Bald Eagle]

Welcome birdmw. We have been in correspondence with Herts CC and raised the following points with them.

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To all at Hertfordshire county council

I write on behalf of the NoToMob, some of whom visited the Moor End Road area on Saturday to assist the council with its traffic compliance goals. In light of what we saw and have discovered since, we write to put you on notice that enforcement of this alleged contravention is illegal for the reasons set out below, and that you must cease and desist all enforcement pending an investigation into the discrepancies we have found. The discrepancies are:

1. The Traffic Regulation order is defective and unenforceable for two reasons. These are:

(a) Bus lane enforcement is governed by section 144 of the Transport Act 2000 (http://www.legislation.gov.uk/ukpga/2000/38/section/144). In particular please see 144(5)(b). The Traffic Regulation Order (TRO) pursuant to which you purport to enforce the bus lane in question (http://www.hertsdirect.org/docs/pdf/m/mertro.pdf) makes no mention whatsoever of the Transport Act 2000. Consequently, since (i) all of the Penalty Charge Notices (PCNs) issued at Moor End Road are are headed "Bus Lane Penalty charge Notice" and; (ii) it states underneath that enforcement is pursuant to the Transport Act 2000, and; (iii) the TMO makes no mention of the Transport Act 2000, it is not established in the TRO that any part of Moor End Road is a bus lane and there can be no derived authority for you to issue PCNs.

(b) The TRO states: "2. No person shall cause or permit any motor vehicle except a bus or a taxi to enter and drive along that length of Moor End Road , Hemel Hempstead from its junction with Waterhouse Street westwards to its junction with New Bus Link a distance of approximately 50 meters" There is no other restriction imposed in the TRO concerning traffic travelling eastwards along Moor End Road. Therefore there is no offence if ANY traffic takes the eastern route.

These facts alone mean that you have been issuing tickets without the proper authority. Consequently any penalty monies already paid have been extracted from innocent motorists illegally and should be repaid immediately. All pending Penalty Charge Notices (PCNs) must also be cancelled together with any PCNs due to be issued.

2. Notwithstanding the above, at present only London boroughs have legal sanction from the Secretary of State to enforce Moving Traffic Violations (MTVs). Outside London, only the police have authority to enforce MTVs. Bus lane violations are not MTVs. The signs currently in place at Moor End Road indicate that if a motorist passes the sign he is committing a MTV. Current signing is therefore unenforceable by your council by reason of having no legal sanction to enforce. This fact alone means that you have been issuing tickets without the proper authority. Consequently any penalty monies already paid have been extracted from innocent motorists illegally and should be repaid immediately. All pending PCNs must also be cancelled together with any PCNs due to be issued.

3. Notwithstanding the above, all PCNs so far issued at Moor End Road are headed "Bus Lane Penalty Charge Notice". Chapter 3, section 15 of the Traffic Signs manual (TSM) (http://www2.dft.gov.uk/pgr/roads/tss/tsmanual/tsmchapter3.pdf) is very clear concerning the road markings and signs that MUST be used in order that enforcing authorities can properly and legally issue PCNs when enforcing bus lanes. Not one of the numerous signs or road markings that were in place when The NoToMob visited on Saturday 10th September 2011 complied with the TSM. This fact alone means that you have been issuing tickets without the proper authority. Consequently any penalty monies already paid have been extracted from innocent motorists illegally and should be repaid immediately. All pending PCNs must also be cancelled together with any PCNs due to be issued.

We have not yet released this information to the press. We are happy to work with you in an attempt to resolve the problems you have set for yourselves.

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We then got this missive reply which doesn't really address the issues but more or less just says "We are happy that we are right and you are wrong", and which gives spurious information that has little or no relevance to what we say in our objections.

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Further to our earlier discussion and various correspondence, we have reviewed the points you've queried both internally and with our legal team to prepare a response.

The Traffic Regulation Order (TRO) was promoted under S1, 2, 3 and 4 of the RTRA 1984 to impose a 'prohibition of driving except buses and taxis' in the relevant length of Moor End Road. The proposal was published in 2010 in accordance with the regulatory requirements, which included the appropriate objection period. No objections were received to the order. The notice of making was published in April 2011 in accordance with regulatory requirements providing 6 weeks for any person to challenge the Order. No such challenge was made.

The TRO is indicated by Traffic Signs Regulations and General Directions (TSRGD) approved signage and these have been placed so as to satisfy with the requirements of Reg 18 Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 in so far as the Authority consider them as being adequate to indicate the effect of the Order is concerned.
The wording of the TRO covers travel in either direction. The use of the term 'westwards' indicates the length of the road restricted not the travel direction.

The TMA 2004 Schedule 7 Part 2 Section 6(1), (2) and (3) defines what constitutes a bus lane and the Moor End Road scenario falls within this.

In so far as enforcement is Civil concerned. The Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 came into effect on 1 November 2005 and included Hertfordshire's SPA's (Special Parking Areas) as being approved for the purpose of Section 144 Transport Act 2000 in respect of civil penalties for bus lane contraventions.

In conclusion we have followed the appropriate process and have the necessary powers to issue PCN's associated with contraventions of the traffic order in Moor End.

I trust this answer your queries.

Kind regards.

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We then wrote and invited various high ranking officials to come to the Moor End Road site to see for themselves the nightmare they have designed. They have recently declined and we are now considering our options.

Please feel free to use any of our objections in your appeal (you will see we have already picked up on your point about those motorists travelling eastbound) and if you win your appeal or the council do not contest it please do let us know.