Bus receives parkig tickets, parked in bus bay - legal?
Bus receives parkig tickets, parked in bus bay - legal?
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Discussion

saaby93

Original Poster:

32,038 posts

208 months

Saturday 5th January 2019
quotequote all
Bus for homeless people registered as a bus, parked in a bus bay receives parking tickets hehe
https://www.bbc.co.uk/news/uk-england-gloucestersh...



Does that look like a bus bay?

Bus owner claims it's legal

irocfan

48,995 posts

220 months

Saturday 5th January 2019
quotequote all
gotta be honest it does look somewhat bus-like hehe


He should win his appeal IMO since it is a bus. The rules only seem to state that that's what it must be - no mention if it's for hire/reward, not in service etc

FiF

48,779 posts

281 months

Saturday 5th January 2019
quotequote all
"Councillor Joe Harris said it was ridiculous that it had been fined in the first place."

As someone posted in another thread "In plain English that means the warden is a nit picking tt"


Nickyboy

6,825 posts

264 months

Saturday 5th January 2019
quotequote all
On a technicality it's likely now registered as a motorhome or similar to avoid commercial vehicle regulations, anyone can buy a bus/coach and use it as a private vehicle but you need the licence etc to drive it, get an older one or register it as a motorhome and those regulations no longer apply making it simple for anyone to do it.

Does seem somewhat petty however

Graveworm

9,233 posts

101 months

Saturday 5th January 2019
quotequote all
irocfan said:
gotta be honest it does look somewhat bus-like hehe


He should win his appeal IMO since it is a bus. The rules only seem to state that that's what it must be - no mention if it's for hire/reward, not in service etc
It depends on the wording in the order, but if it were ambiguous it should favour the "Bus" There are a load of other options they could have explored first, of course, they could have for all we know.

Scrump

23,938 posts

188 months

Saturday 5th January 2019
quotequote all
Nickyboy said:
On a technicality it's likely now registered as a motorhome or similar to avoid commercial vehicle regulations, anyone can buy a bus/coach and use it as a private vehicle but you need the licence etc to drive it, get an older one or register it as a motorhome and those regulations no longer apply making it simple for anyone to do it.
From the BBC article:
“Mr Watkins said the county council were wrong to issue the two £70 fines because it was registered as a bus with the Driver and Vehicle Licensing Agency (DVLA).”

FiF

48,779 posts

281 months

Saturday 5th January 2019
quotequote all
Nickyboy said:
On a technicality it's likely now registered as a motorhome or similar to avoid commercial vehicle regulations, anyone can buy a bus/coach and use it as a private vehicle but you need the licence etc to drive it, get an older one or register it as a motorhome and those regulations no longer apply making it simple for anyone to do it.

Does seem somewhat petty however
BBC said:
Mr Watkins said the county council were wrong to issue the two £70 fines because it was registered as a bus with the Driver and Vehicle Licensing Agency (DVLA).
If correct, previous comments apply.

Nickyboy

6,825 posts

264 months

Saturday 5th January 2019
quotequote all
Scrump said:
From the BBC article:
“Mr Watkins said the county council were wrong to issue the two £70 fines because it was registered as a bus with the Driver and Vehicle Licensing Agency (DVLA).”
In that case definitely petty, obviously not being used as a bus but we all know parking enforcement officers don't use common sense

jamei303

3,084 posts

186 months

Saturday 5th January 2019
quotequote all
"No stopping except buses" - Google Streetview: https://www.google.co.uk/maps/@51.7145458,-1.97442...



Definition of " public service vehicle "

(1)Subject to the provisions of this section, in this Act " public service vehicle " means a motor vehicle (other than a tramcar) which—

(a)being a vehicle adapted to carry more than eight passengers, is used for carrying passengers for hire or reward; or

(b)being a vehicle not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.

(2)For the purposes of subsection (1) above a vehicle " is used " as mentioned in paragraph (a) or (b) of that subsection if it is being so used or if it has been used as mentioned in that paragraph and that use has not been permanently discontinued.


Edited by jamei303 on Saturday 5th January 12:28


Edited by jamei303 on Saturday 5th January 12:31

Pica-Pica

16,605 posts

114 months

Saturday 5th January 2019
quotequote all
But, as noted above, is it a Public Service Vehicle. I suppose it was blocking a spot where a service bus would pick up and drop people (you know, blocking the stop, as car and van drivers regularly do). That means the PSV has to stop in the road, and stop all the following traffic.

4rephill

5,168 posts

208 months

Saturday 5th January 2019
quotequote all
I suspect that the owner of the bus is conveniently overlooking the fact that, the regulations for the bus bay's/lay-by's stipulate that they are for stopping to let passengers on and off buses only, and not for parking buses in, and it is actually that offence for which he has been fined (that would spoil his/the BBC's story too much).


This is similar in a way to people who buy old black cabs and then drive in bus/taxi lanes, only to then get fined for doing so. Their argument is: "It's a taxi cab!.......I shouldn't be being fined", and then the authorities show that the regulations for bus/taxi only lanes stipulate that they are for licensed buses/taxis being used for fare paying passengers only, and not privately owned taxi cabs being used for private use only.

silverfoxcc

8,463 posts

175 months

Saturday 5th January 2019
quotequote all
FiF said:
"Councillor Joe Harris said it was ridiculous that it had been fined in the first place."

As someone posted in another thread "In plain English that means the warden is a nit picking tt"
FiF

i think that was me in the thread about a dropped kerb under the latin translation for 'de minimus'


If so ,thanks for remembering

4rephill

5,168 posts

208 months

Saturday 5th January 2019
quotequote all
FiF said:
"Councillor Joe Harris said it was ridiculous that it had been fined in the first place."

As someone posted in another thread "In plain English that means the warden is a nit picking tt"
As noted in my previous post, I suspect the warden issued the tickets due to the bus being illegally parked in a bus bay/lay-by, when the regulations stipulate that they are temporary stopping points for paying passengers to get on and off buses only, and not bus parking areas.

If that is the case, the warden isn't a: "nit picking tt" - The owner of the bus is an illegally parked tt, and the warden was perfectly correct in giving the bus the tickets.

scarble

5,277 posts

187 months

Saturday 5th January 2019
quotequote all
The road is pretty much one long bus stop, room for 10+ busses I'd guestimate.
So technically a "bus stop" but looks like regularly used for coaches to wait in and the charity bus won't have been causing any significant issues.
Legally bus driver wrong, morally council wrong?
Maybe their parking fine revenue should be spent on helping the homeless silly
https://maps.app.goo.gl/c8sR7

Exige77

6,523 posts

221 months

Sunday 6th January 2019
quotequote all
It’s not really a bus is it ?

Might have originally been a bus, but now it’s clearly a Mobile hostal.


W124Bob

1,863 posts

205 months

Sunday 6th January 2019
quotequote all
Perfectly justified ticket, just look at the traffic chaos it's caused!