Nottingham City Council, R (on the application of) v Bus Lane Adjudicator & Ors

Nottingham City Council, R (on the application of) v Bus Lane Adjudicator & Ors

The Council's signage did not provide adequate information as to the bus gate restriction as required by regulation 18 of LATOR 1996, did not comply with the Traffic Signs Manual 2008, and the Council did not have power to issue a PCN for a Pedestrian Zone contravention. The Adjudicator's findings were not...

Source-derived case information.

Parties
Claimant: Nottingham City Council; Defendant: Bus Lane Adjudicator; Interested Party: Mohammed Sattar; Interested Party: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
09 March 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review, Traffic Regulation Orders, Bus Lane Enforcement, Signage Requirements, Civil Enforcement of Traffic Offences
Administrative Law Traffic Law Judicial Review Traffic Regulation Orders Bus Lane Enforcement Signage Requirements Civil Enforcement of Traffic Offences

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Summary, issues, holding and outcome

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Parties

Nottingham City Council

Claimant

Bus Lane Adjudicator

Defendant

Mohammed Sattar

Interested Party

Secretary of State for Transport

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the signage used by Nottingham City Council complied with regulation 18 of the Local Authorities Traffic Orders (Procedure) (England and Wales) Regulations 1996 (LATOR 1996)
  2. 2 Whether the Council had power to issue a Penalty Charge Notice (PCN) for contravention of a Pedestrian Zone restriction
  3. 3 Whether the Adjudicator's decision was Wednesbury unreasonable

Ratio Decidendi

The Council's signage did not provide adequate information as to the bus gate restriction as required by regulation 18 of LATOR 1996, did not comply with the Traffic Signs Manual 2008, and the Council did not have power to issue a PCN for a Pedestrian Zone contravention. The Adjudicator's findings were not Wednesbury unreasonable.

Court Disposition

Claim dismissed