Could you contest a fine for using this bus lane?

[Al U]

There is a roundabout near me that I use every morning on my commute. As you approach the roundabout the road splits into 2 lanes, one of which is intended as a bus lane. There is no question that it is a bus lane but the sign that indicates it's hours of operation is damaged. The lowest metal slat of the sign appears to have fallen off and now the sign looks like this -

https://www.google.co.uk/maps/@51.7893998,-0.01535...

Therefore what I find myself wondering is if there was a bus lane camera (there isn't) and you were fined for using it, could you contest the fine on the basis of the damaged sign?

I have not been fined for using it, honestly just curious to know what the PH legal eagles think.

[KungFuPanda]

I'm not sure of the law at all but surely going from that sign, the default position would be it's a bus lane Monday - Friday 24/7???

[Al U]

KungFuPanda said:

I'm not sure of the law at all but surely going from that sign, the default position would be it's a bus lane Monday - Friday 24/7???

That's something that had crossed my mind too, but I wonder if there is a list of all the actual regulations on paper somewhere for each individual bus lane sign on the roads. So for example someone gets fined for using that bus lane, argues that the sign is damaged/defective, they have a look and because it is meant to say Mon-Fri 7am-7pm for example but just says Mon-Fri is deemed damaged/defective and the fine gets waived.

The places the mind goes to on dull drives to work!

[marshalla]

Al U said:

That's something that had crossed my mind too, but I wonder if there is a list of all the actual regulations on paper somewhere for each individual bus lane sign on the roads.

There is. https://www.gov.uk/government/uploads/system/uploa...

[Al U]

marshalla said:

There is. https://www.gov.uk/government/uploads/system/uploa...

I actually meant a list where I could look up the sign on that particular road and what it should say for the bus lane hours of operation.

[Red Devil]

KungFuPanda said:

I'm not sure of the law at all but surely going from that sign, the default position would be it's a bus lane Monday - Friday 24/7???

There is no default position. It is clear from what remains that it is a part time bus lane. If the times are not shown the sign is non-compliant.
The motorist must be given sufficient information in order for him/her to know with reasonable certainty when the restriction applies.

There is an earlier sign here - https://goo.gl/maps/DAg8yhjpEw32 - but as the peak periods are not specified it means the sum of all.

Al U said:

I actually meant a list where I could look up the sign on that particular road and what it should say for the bus lane hours of operation.

You need to ask the local authority (Hertfordshire County Council) for a copy of the relevant TMO.*

 * Traffic Management Order

The Google Streetview image is in Lite mode. If you switch to Full Maps it reveals that the image capture is Nov 2015.
If HCC haven't repaired that sign in the last seven/eight months it's a disgrace.

I wonder what the chances are of being caught. I can't see a camera in Streetview.
If there is one, the guidance states that one of these signs should be present.

[Al U]

There is no camera, was just curious really. The sign looks exactly as it does in the picture as it does today.