Bus lane and moving traffic enforcement guidance and information

In August 2019 we commenced bus lane enforcement by approved Automatic Number Plate Recognition (ANPR) cameras in the Chester area. If you drive illegally in a bus lane, then you may receive a Penalty Charge Notice (PCN).

From 20 May 2024 we have commenced the enforcement of moving traffic restrictions such as prohibited left or right-hand turns and accessing no entry roads using ANPR cameras in Chester and Ellesmere Port. We are operating a six-month warning period, but Penalty Charge Notices (PCNs) will be issued to the vehicle owner for a repeat offence within the first six months and for a first (or subsequent) offence at the end of the six-month warning period.

This guidance provides answers to some of the most frequently asked questions relating to bus lanes and ANPR Enforcement covering the issue of PCNs and the appeals process.

General information

How are bus lanes authorised?

They are created by Traffic Regulation Orders using powers under the Road Traffic Regulation Act 1984. A bus lane is defined in the Traffic Signs Regulations and General Directions 2016 as a traffic lane reserved for buses (and authorised vehicles, pedal cycles, solo motorcycles and taxis where indicated by the signs).

How are moving traffic restrictions authorised?

Changes to the Section 6 of the Traffic Management Act 2004 in May 2022 gave us powers to enforce moving traffic contraventions, subject to a successful application to the Department for Transport (DfT).

Following consultation and consideration of traffic counts and accident data, four potential locations were selected for enforcement. Cabinet approved the submission of an application to the DfT as well as the selected locations.

What about penalties for contraventions?

The penalty charge is £70 for a contravention. A discount of 50% applies if the penalty charge is paid by end of the 14 day period beginning with the date of service. The discounted rate will be £35.

What does the Highway Code say?

Rule 141 of the Highway Code gives the general rules for bus lanes. In short, only buses and other permitted vehicles may use bus lanes.

The Highway code Traffic Signs document gives detail on signs giving orders to drivers, such as prohibited turns and no entry.

Why bus lane and moving traffic restrictions

The benefits of bus lanes and moving traffic restrictions are:

increasing bus service reliability and therefore improve bus passenger journey times
encouraging use of public transport
providing a safer lane for cyclists
tackling dangerous vehicle maneuvers
easing congestion and disruption on the borough’s roads
improving air quality

When are bus lanes in operation?

In Chester the bus lanes are in operation 24 hours a day, including bank holidays. Road signs and markings will clearly indicate the start and end of the bus lanes.

When are moving traffic restrictions in operation?

Moving traffic restrictions can vary. While most are in operation 24 hours a day, including bank holidays, a small number of restrictions apply only during set hours, for example peak travel times. Road signs will clearly indicate the start and end time of the restriction.

Contraventions

What is a contravention?

A bus lane contravention is a contravention of any provision of a traffic order relating to use of an area of road that is or forms part of a bus lane. A contravention normally occurs where a vehicle crosses the solid white boundary line between the bus lane and the remainder of the carriageway.

A moving traffic contravention occur when a vehicle performs a prohibited maneuver, for example, no left- or right-hand turn and accessing no entry roads. Moving traffic restrictions apply to all vehicles including hackney carriages and private hire vehicles, motorbikes and buses unless explicitly stated.

Who can drive in a bus lane?

Only buses (and, where indicated by signs, other permitted vehicles) can use bus lanes. The definition of a bus contained in the Traffic Signs Regulations and General Directions 2016 is ‘a motor vehicle constructed or adapted to carry more than eight passengers (exclusive of the driver)’. Therefore, a bus must have a minimum of nine seats including the driver.

Permitted vehicles can vary from bus lane to bus lane, so you should check the signs at the start of the lane or bus only street before entering. Emergency vehicles (on an emergency call or operational maneuver) are exempt from these restrictions.

Is it ever permitted to drive in a bus lane?

There are a small number of reasons when it is permitted to enter a bus lane. Among these are:

when directed to do so by a police officer in uniform.
to avoid a collision or debris in the road

In all cases it is expected that the stay in the bus lane is as brief as possible.

Can I park in a bus lane?

Parking is not allowed, even if you have a blue badge.

Moving traffic

Signage will indicate if any type of vehicle, such as buses, are permitted to perform the prohibited maneuver.

Penalty Charge Notice and appeals information

What happens if I am caught by the cameras or parked illegally?

The registered keeper of the vehicle concerned can expect to receive a PCN. It will contain details of the alleged contravention, details of the vehicle and photographs that in our opinion establish the contravention.

How much do I have to pay?

Although the penalty charge is £70, payable by no later than 28 days beginning with the date of service of the PCN, we will accept a reduced sum of £35 within 14 days beginning with the date of service. Details of how to pay are shown on the front of the PCN.

How can I pay?

by phone: automated payment line 0300 123 7029 (24 hours/seven days a week)
using our online payment system
by post: Cheshire West and Chester Council, The Portal, Wellington Road, Ellesmere Port, CH65 0BA. Allow 2 working days for 1st class post and 5 working days for 2nd class post.

Can I pay the charge in instalments?

Payment of the entire applicable charge amount must be received in the stated time frame, to avoid the case status escalating or an increase in the charge balance.

What is the date of service?

Service of a notice sent by first class post is taken to have been effected on the second working day after the day of posting. Working days exclude Saturdays, Sundays, New Year’s Day, Christmas Day, Good Friday and any other day which is a Bank Holiday in England and Wales.

I have previously driven frequently through this location without being penalised. Why have I now received a PCN?

Bus lane enforcement commenced in August 2019 and moving traffic enforcement in May 2024. Prior to this, the enforcement of these restrictions was exclusively the responsibility of the police.

Does it matter if I have previously never been to the area (I was unfamiliar with the area)?

The bus lane and moving traffic restrictions are used nationwide, and the signs in place at appropriate locations on the highway to notify motorists of the prohibition appear in the Highway Code (with which all motorists should be familiar). Motorists are expected to comply with the restrictions irrespective of their level of familiarity with the local area.

I have received a Fixed Penalty Notice from the police – why?

Bus lane and moving traffic offences are not decriminalised and, where civil enforcement applies in an area, contraventions of bus lane orders may continue to be enforced as a criminal offence by the Police. In the event that a Fixed Penalty Notice is issued by the Police for the same offence for which a PCN is produced, then we will cancel the PCN.

What happens to all the money collected from PCN's?

The income from PCNs pays the cost of enforcement. These include the costs of employing the ANPR camera operators, the administrative staff involved in processing and collecting the penalties, maintenance of signs and lines and other associated costs. Any surplus remaining after deduction of costs has to go towards measures to improve public transport or other highway associated improvements.

There must be a right of appeal against a PCN?

Yes, there is a right of appeal. Appeals are referred to in these cases as ‘Representations’.

The penalty will detail the grounds under which the charge can be contested.

We may consider mitigating circumstances, although the following reasons will not normally be accepted:

“I was going to turn left at the next junction”
“There were no buses in the bus lane at the time”
“I was only in the lane for a few seconds”
“There is not enough room at the junction to make the left turn”
“I was lost”
“I didn’t see the signs”
I was following SAT NAV directions

How do I dispute a PCN by post and make a Representation?

All representations against a PCN by post must be made in writing either by post or using our appeals portal. Cheshire West and Chester Council, Parking Services, The Portal, Wellington Road, Ellesmere Port, CH65 0BA.

You can make representations against the PCN but we may discount any representations received later than 28 days after the date of service. Unlike the case with parking contraventions there is no informal challenge against a PCN issued from ANPR evidence, as the ‘Notice to Owner’ is included in the PCN.

We will send you a response. It will be either a ‘Notice of Acceptance of Representations’ or a ‘Notice of Rejection of Representations’.

If we reject your representations, you have the right to appeal to an independent adjudication body called the Traffic Penalty Tribunal. The legal grounds for appeal are included under the earlier question ‘There must be a right of appeal against a PCN?’ (a to f). We will give you the online details with the ‘Notice of Rejection of Representations’ to enable you to appeal to the Traffic Penalty Tribunal. Again if the Traffic Penalty Tribunal rejects your appeal, the amount payable will normally be the full £60. Further information is available on the Traffic Penalty Tribunal website.

How long do I have to make a representation?

You need to make your representation within 28 days beginning with the date of service. A representation made after 28 days may be disregarded.

Can I pay the charge and still make representations to contest it?

Payment should only be made if the matter is not disputed. Consideration will not be given to representations received in respect of a case which has been paid and closed.

How do I access the video evidence stated on the PCN?

On our bus lane and moving traffic enforcement page there is a link to 'challenge the PCN'. Once this form has been completed you will be taken to a page where the video evidence can be viewed.

Further information

Further information about Civil Parking and Bus Lane and Moving Traffic Enforcement (including PCNs and NTOs) is available on the Patrol UK website.