Provisional guidance on bus lane (including tramway) enforcement

To the Chief Executives of all local authorities outside London in England

Traffic Management Division
Department for Transport
Zone 3/25
Great Minster House
76 Marsham Street
London SW1P 4DR

Direct Line: 020 7944 2980
Fax: 020 7944 2469
Email: mike.talbot@dft.gsi.gov.uk
Website: www.dft.gov.uk

7 November 2005

Dear Sir or Madam,

Bus lane enforcement in England outside London - regulations and guidance

Regulations made under section 144 of the Transport Act 2000 which came into force on 1 November 2005, allow approved County Councils, Metropolitan District Councils and Unitary Authorities in England to enforce their bus lanes. Approved local authorities include all those where decriminalised parking enforcement is in place in all or part of their area. These are listed in the Schedule to The Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005, SI 2005 No. 2755 (www.opsi.gov.uk/si/si2005/20052755.htm). They may use the power if they wish to. When other English authorities apply for decriminalised parking enforcement powers they (or the relevant County Council) will need to consider whether they would also like powers to enforce bus lanes. Where joint applications are made in two tier areas, the role for a District Council in relation to the bus lane powers will be that of acting as agent for the County Council, in terms agreed between the two councils.

Regulations

The regulations are set out as follows:

The Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005, SI 2005 No. 2755: www.opsi.gov.uk/si/si2005/20052755.htm

The Bus Lanes (Approved Devices) (England) Order 2005, SI No. 2756: www.opsi.gov.uk/si/si2005/20052756.htm

The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005, SI No. 2757: www.opsi.gov.uk/si/si2005/20052757.htm

The Tribunals and Inquiries (Bus Lane Adjudicators) (England) Order 2005, SI No. 2758: www.opsi.gov.uk/si/si2005/20052758.htm

Guidance

The Department for Transport has published good practice guidance for local authorities wishing to introduce bus lane enforcement. A copy of this guidance, 'Provisional guidance on bus lane (including tramway) enforcement in England outside London' is attached.

The guidance has three objectives:

a) To inform English local authorities outside London about the scope for them to set up and operate the civil enforcement of bus lanes (which includes tramways) under the provisions of the Transport Act 2000.

b) To advise them how to apply to the Secretary of State for the necessary powers.

c) To advise them on how to set up and operate an effective and efficient enforcement regime.

Bus lane enforcement is a similar process to decriminalised parking enforcement and the guidance should therefore be read in conjunction with local authority circular 1/95 - 'Guidance on Decriminalised Parking Enforcement'.

We will keep the provisional guidance under review and update it as necessary in the light of experience of authorities using these powers. This guidance will be superseded by statutory guidance under section 87 of the Traffic Management Act 2004 when the bus lane enforcement powers of that Act are commenced.

We would like to see a working group established to exchange information about bus lane enforcement.  If you are interested in joining this group or have any comments or questions on the guidance please contact:

Mr Martin Macdonald
Traffic Management Division
Great Minister House
76 Marsham Street
London SW1P 4DR

Email: buslane.enforcement@dft.gsi.gov.uk
Telephone: 020 7944 2484

If you received this letter as a member of a council, interest group, or any other organisation, you are probably the only representative contacted within that body. If you consider that you will not be directly concerned with this matter, I would be grateful if you could forward this letter to the relevant person within your organisation.

Yours faithfully,

Mike Talbot
Head of Traffic Management Division