Bus lane and moving traffic enforcement guidance and information

They are created by Traffic Regulation Orders using powers under the Road Traffic Regulation Act 1984. A bus lane is defined in the Traffic Signs Regulations and General Directions 2016 as a traffic lane reserved for buses (and authorised vehicles, pedal cycles, solo motorcycles and taxis where indicated by the signs).

Changes to the Section 6 of the Traffic Management Act 2004 in May 2022 gave us powers to enforce moving traffic contraventions, subject to a successful application to the Department for Transport (DfT).

Following consultation and consideration of traffic counts and accident data, four potential locations were selected for enforcement. Cabinet approved the submission of an application to the DfT as well as the selected locations.

The penalty charge is £70 for a contravention. A discount of 50% applies if the penalty charge is paid by end of the 21 day period beginning with the date of service. The discounted rate will be £35.

Rule 141 of the Highway Code gives the general rules for bus lanes. In short, only buses and other permitted vehicles may use bus lanes.

The Highway code Traffic Signs document gives detail on signs giving orders to drivers, such as prohibited turns and no entry.

The benefits of bus lanes and moving traffic restrictions are:

• increasing bus service reliability and therefore improve bus passenger journey times
• encouraging use of public transport
• providing a safer lane for cyclists
• tackling dangerous vehicle maneuvers
• easing congestion and disruption on the borough’s roads
• improving air quality

In Chester the bus lanes are in operation 24 hours a day, including bank holidays. Road signs and markings will clearly indicate the start and end of the bus lanes.

Moving traffic restrictions can vary. While most are in operation 24 hours a day, including bank holidays, a small number of restrictions apply only during set hours, for example peak travel times. Road signs will clearly indicate the start and end time of the restriction.

A bus lane contravention is a contravention of any provision of a traffic order relating to use of an area of road that is or forms part of a bus lane. A contravention normally occurs where a vehicle crosses the solid white boundary line between the bus lane and the remainder of the carriageway.

A moving traffic contravention occur when a vehicle performs a prohibited maneuver, for example, no left- or right-hand turn and accessing no entry roads. Moving traffic restrictions apply to all vehicles including hackney carriages and private hire vehicles, motorbikes and buses unless explicitly stated.

Only buses (and, where indicated by signs, other permitted vehicles) can use bus lanes. The definition of a bus contained in the Traffic Signs Regulations and General Directions 2016 is ‘a motor vehicle constructed or adapted to carry more than eight passengers (exclusive of the driver)’. Therefore, a bus must have a minimum of nine seats including the driver.

Permitted vehicles can vary from bus lane to bus lane, so you should check the signs at the start of the lane or bus only street before entering. Emergency vehicles (on an emergency call or operational maneuver) are exempt from these restrictions.

There are a small number of reasons when it is permitted to enter a bus lane. Among these are:

• when directed to do so by a police officer in uniform.
• to avoid a collision or debris in the road

In all cases it is expected that the stay in the bus lane is as brief as possible.

Parking is not allowed, even if you have a blue badge.

Signage will indicate if any type of vehicle, such as buses, are permitted to perform the prohibited maneuver.

The registered keeper of the vehicle concerned can expect to receive a PCN. It will contain details of the alleged contravention, details of the vehicle and photographs that in our opinion establish the contravention.

Although the penalty charge is £70, payable by no later than 28 days beginning with the date of service of the PCN, we will accept a reduced sum of £35 within 21 days beginning with the date of service. Details of how to pay are shown on the front of the PCN.

• by phone: automated payment line 0300 123 7029 (24 hours/seven days a week)
• using our online payment system
• by post: Cheshire West and Chester Council, The Portal, Wellington Road, Ellesmere Port, CH65 0BA. Allow 2 working days for 1st class post and 5 working days for 2nd class post.

Payment of the entire applicable charge amount must be received in the stated time frame, to avoid the case status escalating or an increase in the charge balance.

Service of a notice sent by first class post is taken to have been effected on the second working day after the day of posting. Working days exclude Saturdays, Sundays, New Year’s Day, Christmas Day, Good Friday and any other day which is a Bank Holiday in England and Wales.

Bus lane enforcement commenced in August 2019 and moving traffic enforcement in May 2024. Prior to this, the enforcement of these restrictions was exclusively the responsibility of the police.

The bus lane and moving traffic restrictions are used nationwide, and the signs in place at appropriate locations on the highway to notify motorists of the prohibition appear in the Highway Code (with which all motorists should be familiar). Motorists are expected to comply with the restrictions irrespective of their level of familiarity with the local area.

Bus lane and moving traffic offences are not decriminalised and, where civil enforcement applies in an area, contraventions of bus lane orders may continue to be enforced as a criminal offence by the Police. In the event that a Fixed Penalty Notice is issued by the Police for the same offence for which a PCN is produced, then we will cancel the PCN.

The income from PCNs pays the cost of enforcement. These include the costs of employing the ANPR camera operators, the administrative staff involved in processing and collecting the penalties, maintenance of signs and lines and other associated costs. Any surplus remaining after deduction of costs has to go towards measures to improve public transport or other highway associated improvements.

Yes, there is a right of appeal. Appeals are referred to in these cases as ‘Representations’.

The penalty will detail the grounds under which the charge can be contested.

We may consider mitigating circumstances, although the following reasons will not normally be accepted:

• “I was going to turn left at the next junction”
• “There were no buses in the bus lane at the time”
• “I was only in the lane for a few seconds”
• “There is not enough room at the junction to make the left turn”
• “I was lost”
• “I didn’t see the signs”
• I was following SAT NAV directions

All representations against a PCN by post must be made in writing either by post or using our appeals portal. Cheshire West and Chester Council, Parking Services, The Portal, Wellington Road, Ellesmere Port, CH65 0BA.

You can make representations against the PCN but we may discount any representations received later than 28 days after the date of service. Unlike the case with parking contraventions there is no informal challenge against a PCN issued from ANPR evidence, as the ‘Notice to Owner’ is included in the PCN.

We will send you a response. It will be either a ‘Notice of Acceptance of Representations’ or a ‘Notice of Rejection of Representations’.

If we reject your representations, you have the right to appeal to an independent adjudication body called the Traffic Penalty Tribunal. The legal grounds for appeal are included under the earlier question ‘There must be a right of appeal against a PCN?’ (a to f). We will give you the online details with the ‘Notice of Rejection of Representations’ to enable you to appeal to the Traffic Penalty Tribunal. Again if the Traffic Penalty Tribunal rejects your appeal, the amount payable will normally be the full £60. Further information is available on the Traffic Penalty Tribunal website.

You need to make your representation within 28 days beginning with the date of service. A representation made after 28 days may be disregarded.

Payment should only be made if the matter is not disputed. Consideration will not be given to representations received in respect of a case which has been paid and closed.

On our bus lane and moving traffic enforcement page there is a link to 'challenge the PCN'. Once this form has been completed you will be taken to a page where the video evidence can be viewed.