Moving Traffic Tranche 3 (2024) — Unlawful Designation Challenge

The Bus Lane Contraventions (Approved Local Authorities) Designation Order 2024 and successive moving traffic Designation Orders extended Part 6 of the Traffic Management Act 2004 to additional councils in 2024 — the Tranche 3 rollout. PCNs issued before designation, before TSRGD-compliant signage was in place, or outside the Order's scope are unenforceable.

Legal basis

Traffic Management Act 2004 Part 6; Bus Lane Contraventions (Approved Local Authorities) Designation Order 2024; Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; TSRGD 2016

How to identify this in your case

Council newly granted moving traffic powers in 2024. Check the Designation Order date vs the contravention date and inspect signage against TSRGD 2016.

Sample appeal wording

Dear [Council] Parking Services, Re: PCN [PCN_NUMBER] — Moving Traffic Contravention — [DATE] I challenge this PCN on the following grounds: 1) Designation: [Council] was/was not designated as an approved local authority for moving traffic enforcement under the Bus Lane Contraventions (Approved Local Authorities) Designation Order 2024 with effect from [DATE]. If the contravention precedes designation, the PCN is ultra vires. 2) Signage: Signs and road markings must comply with TSRGD 2016. On inspection [DATE], [list non-compliances]. 3) Charging: Any charge must comply with the Civil Enforcement Regulations 2022. [List any breach.] If declined, I will appeal to the Traffic Penalty Tribunal. Yours faithfully, [Driver Name]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

Traffic Management Act 2004 Part 6
Bus Lane Contraventions (Approved Local Authorities) Designation Order 2024
TSRGD 2016
Civil Enforcement Regulations 2022