Bus lanes can only be used by buses, Hackney carriages and pedal cycles. A bus is classified as a “motor vehicle constructed or adapted to carry 9 or more passengers (exclusive of the driver)", therefore a bus must have a minimum of 10 seats including the driver.
Disabled drivers/blue badge holders are not exempt from bus lane enforcement.
Parking is not allowed in a bus lane; there are no exemptions for blue badge holders.
You can only load in a bus lane where it is not prohibited by a loading ban or a clearway (a clearway is indicated by a yellow line next to the kerb and a sign).
Oldham Council operates bus lane enforcement using ANPR (automatic number plate recognition) camera technology. The system captures the number plates of vehicles not authorised to be in the bus lanes; each individual piece of footage is then reviewed to confirm that a contravention occurred.
Bus Lanes are enforced by the Parking Enforcement Team.
Penalty Charge Notice (PCN)
If you are caught on camera driving in the bus lane the registered keeper of the vehicle will be sent a Penalty Charge Notice (PCN) through the post. This will contain the details of the alleged contravention, the details of the vehicle and photographic evidence.
The penalty charge is £70. However if paid within 21 days this is offered at the discount rate of £35. Details of how to pay are on the Notice to Owner.
Please note; the registered keeper of the vehicle is liable for the payment of the penalty charge, even if they were not the driver at the time.
Failure to pay the amount outstanding will result in the Council taking action against you/ the registered keeper of the vehicle to recover the amount due.
The debt will be registered at the Traffic enforcement Centre (TEC) at the Northampton County Court. The order for recovery (TE3) is sent to advise that a debt has been registered; this also adds a further debt registration fee into the amount outstanding.
If the amount remains unpaid, the debt will be passed to the Enforcement Agents and a warrant may then be issued to seize your goods. This will incur additional costs for which you will be liable. The initial referral will increase in accordance with the Taking Control of Goods (Fees) Regulations 2014.
The income from Penalty Charge Notices pays for the cost of enforcement. This includes the administration staff involved in collection the fines, maintenance of the lines and signs and other associated costs. Any surplus remaining after deduction of costs has to go towards measures to improve public transport or other associated highways improvements.
Appeals
Do not pay the charge if you wish to appeal (make a formal representation)
All appeals (formal representations) must be made in writing, so that each case can be fully considered, and also that the document can be reproduced should the PCN progress to the independent adjudicator at the Traffic Penalty Tribunal. If you wish to make a formal representation, please follow the instructions on the Notice to Owner.
Each case will be considered on its individual circumstances and you will be sent notification as to whether the representation has been accepted or rejected. Whilst consideration is taking place, the case will be put on hold at the amount currently outstanding.
If you submit your formal representation within 21 days beginning with the date on which the PCN was served and this is rejected, the Council will reoffer the discount period. You will be given a further 21 days to pay the reduced amount. If the formal representation is submitted after the 21 day discount period, and this is rejected, it is likely that the full amount will be payable.
There are six grounds on which you may make representation to the Council. These are;
- The alleged contravention did not occur.
- The penalty charge exceeds the relevant amount.
- The circumstances leading to the issue of the Penalty Charge Notice are subject to criminal proceedings or a fixed penalty notice has been issued.
- I was not the owner/keeper of the vehicle at the time of the contravention.
- I was not the hirer of the vehicle at the time of the alleged contravention.
- I was the registered owner /keeper of the vehicle at the time of the contravention but the vehicle:
- was on hire to someone else, who had signed a statement taking liability
- kept by a motor trader
- was being used without my consent at the alleged time of the incident
The Council will also consider mitigating circumstances.
Once the appeal (formal representation) has been considered, the Council will respond with either a Notice of Acceptance or Notice of Rejection letter.
If your representation is rejected, you have the right of appeal to an independent adjudication body called the Traffic Penalty Tribunal. The Council will advise in the rejection letter of how to submit your appeal.
If the Tribunal rejects your appeal, it is highly likely that the amount payable will be £70.
Further information about the Traffic Penalty Tribunal can be found at https://www.trafficpenaltytribunal.gov.uk/
Appealing to the Traffic Penalty Tribunal
The Traffic Penalty Tribunal (TPT) is independent from the Council and there is no charge to make an appeal. You may only appeal to TPT if you have first made a representation to the Council in response to the issue of a penalty charge notice/notice to owner and have received a formal notice of rejection in response. All appeals are made to the Traffic Penalty Tribunal are against the full penalty charge notice of £70.
The details of how to appeal are included in the Notice of Rejection letter; this must be submitted within 28 days of receipt. You can choose whether have your hearing heard by the adjudicator by post, in person or over the telephone. The adjudicators’ decision will be binding on both you and the council.
If the adjudicator dismisses you case, and you do not pay the charge within the stated time, you will be sent a charge certificate which will increase the amount owned by 50% to £105.
Bus lane locations
- A627 Ashton Road, Oldham
- A62 Oldham Road, Failsworth
- A669 Lees Road, Oldham
- St Marys Way, Oldham
- A671 Oldham Road, Royton
- A671 Rochdale Road, Oldham
- A62 Bottom o’th’ Moor, Oldham
- Market Street, Shaw (Contraflow bus lane)
- A671 King Street, Oldham (Contraflow bus lane)