Legal information

Definition

A bus lane is defined in the Traffic Signs Regulations and General Directions 2016 as ‘a traffic lane reserved for buses and, where indicated on a sign, authorised vehicles, pedal cycles, solo motorcycles or taxis’.

Authorisation

Bus Lanes are created by Traffic Regulation Orders using powers under the Road Traffic Regulation Act 1984.

Enforcement

Powers were granted for civil enforcement of traffic contraventions by approved local authorities in the Traffic Management Act 2004. Birmingham City Council is an approved local authority under The Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions).

The cameras and recording system have been approved under The Bus Lanes (Approved Devices) (England) Order 2005.

Fines

The Traffic Management Act 2004 provides the necessary powers to enable the Secretary of State by regulations to make provision for the imposition of penalty charges in respect of bus lane contraventions.

The Penalty Charge is £60 for a bus lane contravention for PCNs issued up to 30 May 2022. A discount of 50% applies - the discount rate, or £30 - if the penalty charge is paid by the end of the period of 14 days beginning with the date of service.

For PCNs issued after 31 May 2022 and thereafter, the Penalty Charge is £70. A discount of 50% applies - the discount rate, or £70 - if the penalty charge is paid by the end of the period of 21 days beginning with the date of service.

Penalty Charge Notices are issued under the Traffic Management Act 2004

Appeals

Appeals against a Penalty Charge Notice issued up to 30 May 2022 are referred to as ‘representations’. The Bus Lane Contraventions (Penalty Charge Adjudication and Enforcement) (England) Regulations 2005 sets out six grounds on which you may make representations to the council.

Appeals against a Penalty Charge Notice issued from 31 May 2022 and thereafter, are referred to as ‘representations’. The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 sets out seven grounds on which you may make representations to the council. In addition to the seven specific grounds, a motorist may argue that there are compelling reasons why, in the particular circumstances of the case, the council should cancel the penalty charge.

Money collected from Penalty Charge Notices

Part 6 Chapter 2 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 sets out how any money from fines can be used. Once all operational costs have been covered the surplus can be reinvested.

The report to Cabinet, Transportation and Highways Funding Strategy 2017/18 to 2022/23 sets out how any surplus will be reinvested in support road and traffic schemes.

Page last updated: 7 February 2024