Moor End Road Bus Lane on the Agenda at Last!

NH
17 Apr 2012

News has just come in that the Herts County Council Executive Member with responsibility for highways has asked for an additional urgent item to be added to the agenda of the next Cabinet Meeting on Monday, 23rd April.

The wording of the announcement on this urgent agenda item simply says: "there will be a report on the 'Moor End Bus Lane' (in Hemel Hempstead) regarding the implications of the recent adjudicator's decisions. Given the public concern, the Council wishes to resolve the issue as soon as possible so the report will be taken as urgent business."

The report of the Chief Adjudicator of the Traffic Penalty Tribunal on 30th March stated that: (1) The Traffic Regulation Order does not restrict traffic travelling from Leighton Buzzard Road eastwards along Moor End Road (2) Vehicles travelling from Leighton Buzzard Road to Waterhouse Street are consequently not contravening any traffic order. (3) Restriction of traffic travelling westwards or eastwards is unenforceable because HCC have failed in their duty reasonably to bring the effect of the order to the attention of road users (4) Signs at the Bus Lane are unlawfully placed

Point (3) in plain English means that signs should make the traffic restriction clear and obvious to drivers - but the way these signs were were concealed behind lamp posts and signposts meant they could not easily be seen and so drivers didn't get the message.

And point (4) refers to one sign being edge on to oncoming traffic (instead of facing it) and set too high to be seen when drivers reached it, plus one road marking only being able to be seen after the driver had entered the bus lane.

So given all of that, I believe Herts County Council really has no choice other than to cancel all of the 36,000 penalties that were issued and to refund all of the drivers who have paid money to the council as a result.

I look forward to seeing the text of the recommendation on this agenda item.

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