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You entered the bus lane for safety reasons

If your vehicle broke down and you moved into the bus lane to get out of a live traffic lane, or you moved in briefly to let a large vehicle past on a narrow stretch, that is worth putting to the council — but be clear about which argument you are making. The Highway Code advises a driver whose vehicle breaks down to get it off the road if possible. That is advice, not permission, and it does not by itself mean no contravention occurred. You can say no contravention occurred if the traffic order for this particular bus lane contains an exemption covering what you did. Otherwise the route is to ask the council to cancel the charge for compelling reasons. That is expressly provided for in the regulations, but it is discretionary: the council may refuse, and we have no outcome data on how often it is granted.

Legal basis

Traffic Management Act 2004 Part 6 and Schedule 7 paragraph 6 (bus lane contraventions); Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (S.I. 2022/71) — reg.2 brings an OGL bus lane contravention within the regime and reg.1(5) excludes Greater London; Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (S.I. 2022/576) reg.5(4)(a) (the alleged contravention did not occur — available where the traffic order carries a matching exemption) and reg.5(2)(b)(ii) (compelling reasons to cancel even where no ground applies), with reg.3(3) (right to view an approved-device record free of charge, or to be given free still images); the traffic regulation order for the bus lane in question and any exemption in it; Highway Code rule 276 (if your vehicle breaks down, get it off the road if possible — advisory, and rules 277 to 279 are motorway guidance rather than general advice). For contraventions before 31 May 2022, S.I. 2005/2757 is preserved by S.I. 2022/66 article 3(4)-(10).

How to identify this in your case

Gather the proof of the reason: a recovery call-out receipt, a repair invoice, a witness statement, and the camera footage — for a camera ticket you can require the council to let you view the record free of charge or send you free stills. Note how long you were in the lane; the shorter and more clearly forced the entry, the better. Then read the traffic order for that bus lane and look for an exemption that covers a broken-down vehicle or giving way. If there is one, that is your strongest argument. If there is not, do not assert that no contravention occurred — put the same facts as compelling reasons instead.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

Dear Sir or Madam, Re: Bus lane PCN [NUMBER] — [LOCATION] — [DATE] at [TIME] I make representations against the above penalty charge notice. What happened: at [TIME] on [DATE] I [broke down at [LOCATION] and moved into the bus lane in order to get out of a live traffic lane / moved briefly into the bus lane to allow [an HGV / an oversized vehicle] to pass safely on a narrow stretch]. I was in the lane for approximately [NUMBER] seconds and left it as soon as I safely could. [Attach what you have: a recovery call-out receipt, a repair invoice, a witness statement.] [USE THIS PARAGRAPH ONLY IF THE TRAFFIC ORDER ACTUALLY CONTAINS AN EXEMPTION COVERING WHAT YOU DID. If it does not, delete it — asserting that no contravention occurred without an exemption to point to will simply be rejected. I rely on the ground at regulation 5(4)(a) of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022, that the alleged contravention did not occur: the traffic regulation order governing this bus lane exempts [describe the exemption], and that exemption covers my entry. Please provide a copy of the order relied on.] Whether or not that ground is accepted, I ask you to cancel this penalty charge under regulation 5(2)(b)(ii), on the basis that there are compelling reasons to do so in the particular circumstances of this case. The Highway Code at rule 276 advises a driver whose vehicle breaks down to think first of other road users and to get the vehicle off the road if possible. I recognise that this is advice rather than a legal requirement and that it gave me no permission to use the bus lane — but leaving a disabled vehicle in a live traffic lane would have been the more dangerous course, and penalising the safer one in these circumstances would be unreasonable. I understand that this route is a matter for your discretion. [USE THIS PARAGRAPH ONLY IF YOUR NOTICE CAME FROM A CAMERA — the right below applies to an approved device notice. This notice was issued on the basis of a record produced by an approved device. Under regulation 3(3) of those Regulations I require you either to make that record available for viewing by me free of charge at one of your offices during normal office hours, or to provide me free of charge with such still images as you consider establish the alleged contravention. The record will show the circumstances and the brief duration of my entry.] I ask you to cancel this penalty charge notice. Yours faithfully, [YOUR NAME] [YOUR ADDRESS]

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Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.

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