A motorist has accused Gateshead Council of “baiting” after she was fined for driving in a bus lane she says she was unable to avoid.
Paula Spedding, who lives in Durham, says she had no idea she was entering the bus gate on High West Street in Gateshead town center as she claims it was not properly marked and once she was on it, she had no way to leave it.
The section of road in question is a bus gate, which is a short section of street through which only buses and other authorized vehicles can pass. It differs from the bus lane, which is a lane of the road used by other vehicles, marked with a solid thick white line.
However, Gateshead Council claims the bus door is signed in accordance with relevant legislation and that drivers are informed of its location and can therefore avoid a penalty charge notice.
Paula, a company director, received a £70 Penalty Charge Notice (PCN) and is appealing the decision, but said she was surprised when her penalty was upheld by the Traffic Conviction Tribunal, suggesting she should have to make a U-turn to leave the bus gate after she was in it.
“I’m not a disgruntled driver who doesn’t want to pay as my PCN is already paid,” said Paula, 59. “I’ll put my hands up when I’m wrong but I believe that this particular bus port in Gateshead is designed to catch to trap drivers and charge them accordingly for the pleasure.
“The High Street and High West Street traffic lights do not prevent drivers from turning right towards the bus door, the New Bus Lane Ahead sign does not face High Street drivers turning right towards the bus door and does not give an indication of how far ahead the exit of the bus is that there are no signs to give drivers enough time to avoid the bus exit, and there are no alternate routes to avoid it, and drivers only know about the bus exit once they are actually on it, so there is no way to avoid PCNs. can this be reasonable?
“I went back down the route after receiving the penalty to make sure I had grounds for appeal and while I was there I noticed a driver suddenly hit the brakes on his vehicle when he apparently realized he was going to enter the gate of the bus and then a few minutes later she tried to make a U-turn.
“However, there was insufficient turning space for the driver’s vehicle, so she had to reverse back onto the north side of High West Street before successfully turning onto High West Street. The driver could have quite easily caused an accident or caused the buses to come to a screeching halt behind her, apart from the obvious dangers of turning into heavy oncoming traffic.
“To add insult to injury, my partner was following me in their car so we were handed two PCNs. I think the council’s advice to do a U-turn at a given point on High West Street to avoid entering the bus gate is potentially dangerous and not a satisfactory solution to the problem. I would also point out that there are no signs or road markings advising drivers to make a U-turn to avoid the bus door.”
“We’re not from Gateshead and don’t drive into the city very often and this bus door really caught me and my partner off guard. We thought we had a reasonable case to appeal, but I was amazed when the fine was upheld. I really feel like I’ve been caught in the bus lane after entering it without knowing I did it.”
The Traffic Penalty Tribunal The report acknowledged that Paula had not intended to enter through the portal of the bus, but said: “I find there was time and opportunity to safely change direction. I find that there are opportunities for a vehicle to safely turn around and not enter through the bus portal. ”
A Gateshead Council spokesman said the PCN had been upheld by an independent tribunal and the council believed the bus gate was appropriately signposted for drivers. “The High West Street bus gate is signed in accordance with the relevant legislation,” he said. “The traffic court clearly recognizes that this is the case as the penalty notice issued to this driver was upheld.
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“The presence of the bus gate is indicated on the signs at the High Street /Arthur Street/High West Street junction to allow motorists to decide whether to take an alternative route. The traffic lights at the High Street / Arthur Street High West Street junction did not prevent drivers turning right from the High Street as the bus gate is some distance down High West Street and drivers are permitted to use this road to access the Civic Center, courts and some homes.
“There are also clear signs at the start of the bus gate itself giving drivers the opportunity to turn back at that point and there is space to allow this manoeuvre. We are satisfied that drivers are informed of the location of the bus door and can therefore avoid a penalty charge notice.”