Using a route restricted to certian vehicles
Contravention code 33 (and 34):
Using a route restricted to certian vehicles.
Contravention code 34: We have a dedicated website for Bus lanes which is very comprehensive. www.buslanes.com
These contraventions relate to using routes restricted to certain vehicles like cycles. The restrictions are shown on signs with white diagrams on blue backgrounds. See example signs below. There are various suffixes to the contravention code showing the various contraventions.
Suffixes:
33b) buses only
33c) buses and cycles only
33e) buses, cycles and taxis only
33f) buses and taxis only
33g) local buses only
33h) local buses and cycles only
33i) local buses, cycles and taxis only
33k) local buses and taxis only
33s) tramcars and buses only
33q) tramcars and local buses only
Sample signs
33c) Route for use by buses and pedal cycles only:
33s) Route for use by tramcars only.
How to have you penalty charge notice (PCN) for this moving traffic offence cancelled.
Before checking the specific information relating to this offence you will need to check the following general information.
General advice for all moving traffic contraventions
What a penalty charge notice (PCN) must contain
Specific grounds of appeal for this contravention
You will notice that there are many suffixes to this contravention. They are all shown above. You should check that the correct suffix is shown on your penalty charge notice.
Was the wording on the Penalty charge notice (PCN) clear as to the actual restriction that was in place. For example buses only.. Appeals have been allowed where the wording states “using a route restricted to certain vehicles without more description such as what vehicles are actually restricted. The appeal was upheld.
The council have to provide evidence of the motorist passing signage restricting certain vehicles and subsequent movement by the vehicle including whether it parks, stops or travels along the restricted route. It is not sufficient to simply show your vehicle in the road restricted to certain vehicles, evidence must show your vehicle passing the signs or the contravention is unenforceable.
The signs must also be illuminated.
In one case the sign stated no through route except for buses and cycles. The motorists took this to mean that cars could use the road but just could not exit the other side. Further along the road there was a sign indicating only buses but this was after the entrance to the road. The appeal was allowed as the signage was insufficiently clear.
If the council are enforcing on the basis of still footage rather than video then they must produce a statement or certificate signed by the actual camera operator in relation to the production of the photographic evidence .An appeal in Camden was allowed on this basis as no certificate had been signed.
Road markings can be very helpful in making restrictions clear but they can also be confusing. In one case the sign said that the route was restricted to buses and cyclists but the road markings stated buses only. The buses only diagram was not a permitted variant allowed by the department of transport and was at odds to the signs. There are very strict rules on signage and lineage and if the council does not follow these then the contravention is not enforceable.
Were there warning signs placed sufficiently far in advance to allow you to take an alternative route. We here cases where by the time the motorists sees the sign it is actually too late to avoid committing the contravention.
