Decision details

This report concerns the need for an urgent decision to suspend the operation of the experimental Bus Priority Measures in Dorchester Street, Bath.  The issue is being raised under the Special Urgency provisions (Rule 16) in the Council’s Constitution.

The Leader of the Council agrees:

(1) To suspend the operation of the experimental Bus Priority Measures in Dorchester Street, Bath; and

(2) Not to pursue any contraventions and to reimburse all those who have been fined and cancel any outstanding fines.

Significant public disquiet was voiced regarding the issuing of the PCNs as motorists claimed that they were falling foul of the restriction because the signage provided was inadequate.

After consideration of this disquiet and representations to remove the restriction and refund monies received through PCNs, it is considered prudent to suspend the restriction.

Careful consideration needs to be given as to how to deal with fines that have already been paid. The purpose of enforcement by way of Penalty Charge Notices is to modify and regulate the behaviour of motorists in the interest of the community and not to raise income as such. It would be inequitable to those who had paid PCNs not to refund payment to them when other motorists who had contravened at the same time but not paid would be treated differently by not having the debt pursued.

Sufficient evidence has now been gathered to inform Members as to the efficacy of the restriction (i.e. what worked well and what needed improvement) so that a decision may be taken in the future regarding the measures.

To continue to operate the trial

This would have failed to address the level of public concern around the perceived shortcomings of the scheme and associated signage.

To further reinforce signage and warnings

The signage installed was legally compliant and was significantly supplemented in order to increase driver awareness. Given that the evidence is that this was not entirely effective in all cases, it is not possible to know at what point the concerns expressed would be adequately addressed. It was therefore considered preferable to suspend the trial and review this aspect of the scheme before considering to whether resume enforcement.