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Nahidhossen03
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#1
Anyone studying law (or with good knowledge)? I got hearing soon for a Bus lane contravention with my motorcycle. There was no bus in Bus lane at the time of alleged contravention.
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IWMTom
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#2
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#2
(Original post by Nahidhossen03)
There was no bus in Bus lane at the time of alleged contravention.
There was no bus in Bus lane at the time of alleged contravention.
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Nahidhossen03
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#3
(Original post by IWMTom)
So? Why do you believe that makes a difference?
So? Why do you believe that makes a difference?
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IWMTom
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#4
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#4
(Original post by Nahidhossen03)
The other name of 'Bus Lane' is 'Priority Lane'. What does 'Priority' mean in legal context?
The other name of 'Bus Lane' is 'Priority Lane'. What does 'Priority' mean in legal context?
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Nahidhossen03
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#5
(Original post by IWMTom)
If you think you can win with that lousy attempt then you're sorely mistaken. Good look paying court costs on top of your fine!
If you think you can win with that lousy attempt then you're sorely mistaken. Good look paying court costs on top of your fine!
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ReadingMum
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#6
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#6
What did it say on the blue sign - the rules vary as to whether motorbikes can always use the bus lane or only outside of operating hours.
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Admit-One
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#7
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#7
I think if this was a valid loophole then the boys and girls on the various motoring support forums would have picked up on it by now.
Here's the relevant bit of the highway code which I'm sure you'll be familiar with:
"141
Bus lanes. These are shown by road markings and signs that indicate which (if any) other vehicles are permitted to use the bus lane. Unless otherwise indicated, you should not drive in a bus lane during its period of operation. You may enter a bus lane to stop, to load or unload where this is not prohibited."
Here's the relevant bit of the highway code which I'm sure you'll be familiar with:
"141
Bus lanes. These are shown by road markings and signs that indicate which (if any) other vehicles are permitted to use the bus lane. Unless otherwise indicated, you should not drive in a bus lane during its period of operation. You may enter a bus lane to stop, to load or unload where this is not prohibited."
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IWMTom
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#8
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#8
(Original post by Nahidhossen03)
I don't understand why is it lousy. The lanes are there for buses on priority basis, isn't that right?
I don't understand why is it lousy. The lanes are there for buses on priority basis, isn't that right?
Any level of trying to find a loophole is akin to freemanism and just makes you look silly.
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Nahidhossen03
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#9
(Original post by Admit-One)
I think if this was a valid loophole then the boys and girls on the various motoring support forums would have picked up on it by now.
Here's the relevant bit of the highway code which I'm sure you'll be familiar with:
"141
Bus lanes. These are shown by road markings and signs that indicate which (if any) other vehicles are permitted to use the bus lane. Unless otherwise indicated, you should not drive in a bus lane during its period of operation. You may enter a bus lane to stop, to load or unload where this is not prohibited."
I think if this was a valid loophole then the boys and girls on the various motoring support forums would have picked up on it by now.
Here's the relevant bit of the highway code which I'm sure you'll be familiar with:
"141
Bus lanes. These are shown by road markings and signs that indicate which (if any) other vehicles are permitted to use the bus lane. Unless otherwise indicated, you should not drive in a bus lane during its period of operation. You may enter a bus lane to stop, to load or unload where this is not prohibited."
Last edited by Nahidhossen03; 5 months ago
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Admit-One
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#10
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#10
(Original post by Nahidhossen03)
I am not looking for any loopholes. I am only trying to interpret common sense.
I am not looking for any loopholes. I am only trying to interpret common sense.
Regarding common sense, what part of section 141 are you hoping that you fall under?
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Nahidhossen03
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#11
(Original post by Admit-One)
It would definitely be a loophole because it would call into question the validity of every lane penalty that have ever been issued whilst not in the presence of a bus.
Regarding common sense, what part of section 141 are you hoping that you fall under?
It would definitely be a loophole because it would call into question the validity of every lane penalty that have ever been issued whilst not in the presence of a bus.
Regarding common sense, what part of section 141 are you hoping that you fall under?
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Admit-One
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#12
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#12
(Original post by Nahidhossen03)
Why did they use the word 'should' rather than 'must'?
Why did they use the word 'should' rather than 'must'?
“Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.
Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.”
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Nahidhossen03
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#13
(Original post by Admit-One)
This is covered in the introduction to the highway code:
“Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.
Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.”
This is covered in the introduction to the highway code:
“Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.
Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.”
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IWMTom
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#14
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#14
(Original post by Nahidhossen03)
That helps. Another part, are the authorities obliged to put camera sign if CCTV enforcement are deployed? In other words, can we say operation was 'Covert' if they did not let the people know? All that being said, I had no intention to ride in 'priority lane' but something might have happened that time. I can not recall details as it happened in August.
That helps. Another part, are the authorities obliged to put camera sign if CCTV enforcement are deployed? In other words, can we say operation was 'Covert' if they did not let the people know? All that being said, I had no intention to ride in 'priority lane' but something might have happened that time. I can not recall details as it happened in August.
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Nahidhossen03
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#15
(Original post by IWMTom)
No, there is no requirement for a sign advising cameras are monitoring the bus lane.
No, there is no requirement for a sign advising cameras are monitoring the bus lane.
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Nahidhossen03
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#16
(Original post by IWMTom)
The lanes are there for the vehicles described in the blue sign. That's it.
Any level of trying to find a loophole is akin to freemanism and just makes you look silly.
The lanes are there for the vehicles described in the blue sign. That's it.
Any level of trying to find a loophole is akin to freemanism and just makes you look silly.
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IWMTom
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#17
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#17
(Original post by Nahidhossen03)
Just wondered whether you are a law student?
Just wondered whether you are a law student?
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StriderHort
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#18
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#18
Yeah any argument along the lines of 'Is a bus lane really a bus lane'? would be stamped on unless you had a specific exemption or it was out of service hours, but the fact you've already got this far implies neither of those applies.
(No, they don't need to show CCTV signs on roads, you have to assume you are always being lawfully filmed in public, especially roads and public transport. it's not 'covert'.)
(No, they don't need to show CCTV signs on roads, you have to assume you are always being lawfully filmed in public, especially roads and public transport. it's not 'covert'.)
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MyNameIsAiyan
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#19
Nahidhossen03
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#20
(Original post by IWMTom)
No, I'm just capable of rational thought.
No, I'm just capable of rational thought.
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