York City Council has been accused of implementing traffic regulation orders ‘like a child at pick and mix counter’ after losing a driving fine appeal.
The national Traffic Penalty Tribunal has now dismissed York’s challenge to a ruling that it had no power to issue penalty charge notices at two routes – Coppergate and Lendal Bridge – during an experimental traffic ban.
York now faces repaying thousands of pounds of fines unless it takes the decision to the High Court.
The local authority had decided not to challenge last year’s ruling on Lendal Bridge, scrapping its vehicle ban and handing back funds collected through penalty charge notices.
Caroline Sheppard, the chief adjudicator for the tribunal, raised questions about signage at the entrance to Coppergate detailing restrictions and exemptions.
She added that the Coppergate traffic regulation order had been ‘drafted carelessly and obtusely’.
‘It is clear that whoever drafted this traffic regulation order, either, like a child at a pick and mix counter simply selected a range of terms for the traffic regulation order clause book, or did not amend the previous traffic regulation order that applied to Coppergate with any consideration for the new scheme to be enforced by CCTV camera,’ she added.
Neil Ferris, assistant director of transport, highways and waste at York City Council, said: ‘We welcome the decision that the council is entitled to enforce the Coppergate Bus Lane, as these permanent restrictions have been in place on Coppergate for over 50-years and the initial tribunal’s decision was flawed in that respect.
‘The council will however be digesting the TPT’s full review and will be taking legal advice in respect of the decision referencing to signage. Congestion in York isn’t going to go away and poor air quality remains an issue.
‘The rationale behind introducing camera enforcement was to implement a solution to improve York’s congestion, which costs the York economy around £37m per year, and cut the number of unnecessary premature deaths in York due to poor air quality, which is estimated to be 82 per year.
‘The authority maintains that it fundamentally needs to tackle this issue in York and an independently-chaired cross-party approach to investigate more ways it can tackle traffic congestion, is due to be convened later this year,’ he added.
