Oxfordshire County Council, R (on the application of) v The Bus Lane Adjudicator

Oxfordshire County Council, R (on the application of) v The Bus Lane Adjudicator

The designated section of Oxford High Street falls within the definition of a bus lane under section 144(5) of the Transport Act 2000, as Article 50B reserves the area for buses and specified vehicles, and the signage used provides adequate information as required by Regulation 18 of LATOR 1996. The Adjudicator and Chief Adjudicator erred in law by misinterpreting 'class of vehicles' and by failing to consider relevant departmental guidance and the practical effect of the signage.

Parties
Claimant: Oxfordshire County Council; Defendant: The Bus Lane Adjudicator; Interested Party: Shaun Duffy
Jurisdiction
England and Wales
Judgment Date
26 April 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted; decision of Chief Adjudicator set aside.
Legal Topics
Bus Lane Enforcement, Traffic Regulation Orders, Civil Vs Criminal Enforcement, Adequacy of Traffic Signage
Administrative Law Traffic Law Local Government Law Bus Lane Enforcement Traffic Regulation Orders Civil Vs Criminal Enforcement Adequacy of Traffic Signage

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Parties

Oxfordshire County Council

Claimant

The Bus Lane Adjudicator

Defendant

Shaun Duffy

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the designated section of Oxford High Street is a bus lane under section 144(5) of the Transport Act 2000
  2. 2 Whether the signage used provides adequate information as required by Regulation 18 of LATOR 1996
  3. 3 Whether civil enforcement of the prohibition is lawful

Ratio Decidendi

The designated section of Oxford High Street falls within the definition of a bus lane under section 144(5) of the Transport Act 2000, as Article 50B reserves the area for buses and specified vehicles, and the signage used provides adequate information as required by Regulation 18 of LATOR 1996. The Adjudicator and Chief Adjudicator erred in law by misinterpreting 'class of vehicles' and by failing to consider relevant departmental guidance and the practical effect of the signage.

Court Disposition

Application granted; decision of Chief Adjudicator set aside.

Orders

  • Declaration that Article 50B of the 2003 Order constitutes the designated section as a bus lane within section 144(5) of the Transport Act 2000.
  • No declaration as to signage adequacy in absolute terms; court to hear submissions for alternative formulation.