Bus Stop Clearway Marking Has No Upright Clearway Sign

The yellow 'cage' marking at a bus stop only bans stopping when it is paired with an upright bus stop clearway sign. The law says the marking must not even be placed without that sign, and the marking only 'conveys the prohibition' when placed in combination with it. If there is no upright sign at the stop, the code 47 ticket has no legal footing.

Legal basis

Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362), Schedule 7, Part 6, paragraph 1(1): the bus stop clearway marking (item 9 of the Part 4 sign table) conveys the prohibition on stopping "(a) if the relevant upright sign placed in conjunction with the marking does not show a time period, at any time; or (b) if the relevant upright sign shows a time period, during that period". Both limbs depend on there BEING a relevant upright sign, which paragraph 1(2)(b) defines as "an upright sign which includes a stopping prohibited symbol and indicates that stopping by vehicles other than buses or local buses is prohibited, or prohibited during the period indicated". Schedule 7, Part 7, paragraph 3 is a direction to the authority in the same terms: the marking "must not be placed except in combination with a relevant upright sign within the meaning of paragraph 1 of Part 6." Traffic Management Act 2004 Part 6 (civil enforcement).

How to identify this in your case

Go back to the exact bus stop and look for an upright sign on a post or the bus shelter/flag showing the bus stop clearway (a red cross on a blue circle, usually with 'BUS STOP' and any hours). Photograph the full stop from both directions showing there is no such sign anywhere at the clearway, plus a wide shot placing your car's position. If the flag or shelter only shows route numbers and no clearway sign, that supports this ground.

Sample appeal wording

Before you send this

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Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.

I am appealing this penalty charge issued under contravention code 47. Paragraph 1(1) of Part 6 of Schedule 7 to the Traffic Signs Regulations and General Directions 2016 provides that the bus stop clearway road marking conveys a prohibition on stopping only by reference to a relevant upright sign placed in conjunction with it — at any time if that sign shows no time period, or during the period if it does. Where there is no such upright sign, neither limb is engaged and the marking conveys no prohibition. Paragraph 3 of Part 7 of the same Schedule directs that the marking must not be placed except in combination with a relevant upright sign within the meaning of paragraph 1 of Part 6. At the location and time of the alleged contravention I could find no upright bus stop clearway sign, and my photographs of the site are enclosed. I put the authority to strict proof, with dated photographs of its own, that a compliant upright clearway sign was in place at this stop on the date of the alleged contravention. If it cannot do so, the alleged contravention did not occur and I ask that the penalty charge be cancelled.

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Bus Stop Clearway Marking Has No Upright Clearway Sign

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

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