A MOTORIST has won his appeal after he was fined for entering a controversial bus lane.

Roy Swift is thought to be just the second person who has successfully appealed the penalty issued when driving in Cray Avenue, Orpington.

The other is thought to have been granted to a motorist who was able to prove he had been ill when he swerved his car into the lane.

Mr Swift, of The Landway, Orpington, was fined £100 for entering the lane to turn left into Station Approach in November last year.

The 62-year-old took his appeal to the Parking Traffic Appeals Service, which is London's independent parking penalty tribunal. This month, the appeals service found in favour of Mr Swift, who argued Bromley Council is operating an unsafe policy and is not adhering to the Highway Code.

Mr Swift said: "The Highway Code's advice on road markings does not indicate the presence of broken white lines to negotiate a bus lane in the manner put forward. "Vehicles which turn left should be disregarded in terms of the position they are in when they go over the line as long as they do so safely."

In response, the appeals service allowed the appeal on the grounds "the vehicle entered the bus lane but no advantage was gained over other traffic". A traffic sign directs car drivers to only use the left lane if they are turning left - but only after the bold road markings have ended just 30m before the junction. Following an outcry over the enforcement, which has seen 9,143 fines issued between three cameras since August last year, the council extended the broken line by 5m in April. Council minutes from the meeting where this was decided pointed out if the number of fines was reduced, savings would have to be found from elsewhere. It also claims the loss of income if the number of fines issued dropped by 1,000 would be £46,000.

Mr Swift said: "The main thing is we have to get the council to review its policy.

"The majority of people have been using the lane to turn left.

"The council needs to think seriously about the money it has taken from people who are simply obeying the Highway Code."


Council is 'disappointed'

A COUNCIL spokesman said: "Once again this shows the strength of having an independent appeals service.
"Ironically, the adjudicator has dismissed other appeals with similar circumstances and we are disappointed by the appeal granted to Mr Swift.
"We will be writing to the Association of Local Government to draw these differences to its attention and we continue to enforce parking and bus lane restrictions.
"We have looked at the signs and the lines in Cray Avenue and have done so because of the attention this particular bus lane has recevied in News Shopper.
"We are confident the scheme in its entirety conforms to the traffic laws in the Highway Code."