‘Hundreds’ of traffic cameras in South London may not be legally approved
“Hundreds of cameras” used by local authorities to prevent motorists from entering bus lanes may not be legally approved.
The cameras are used to fine motorists who drive in bus lanes, with some reaching up to £130.
Lambeth, Bromley and Hammersmith and Fulham councils have each had bus lane fines thrown out on appeal at a tribunal as they were unable to prove their cameras were approved.
Motorcyclist Nahid Hossen, 34, of Wallace Close in Thamesmead, managed to overturn a fine from Lambeth council in August last year and was awarded £76 as the council had been “wholly unreasonable”.
He said: “This is an illegal operation raising millions of pounds. How on earth are they still allowed to do this if the tribunal finds it inadmissible?
“It’s not only Lambeth robbing people. I was lucky on this occasion.”
The fines were overturned by the London Tribunals as the local authorities could not prove the cameras had been certified under the London Local Authorities Act 1996 (LLAA 96).
Motor fine campaigner Ivan Murray-Smith, who lives in Norfolk, has helped overturn around 100 fines from councils in London.
He said: “Hundreds of cameras could be unauthorised and fining people on a daily basis.
“I’m not suggesting people should be able to break the law with impunity, but local authorities that are enforcing the law should be following the laws themselves.”
A London Tribunals adjudicator called the bus lane fines laws “opaque” as different legislation applies to local authorities inside and outside of Greater London.
Under Schedule 1 of the LLAA 96, London councils have powers to enforce bus lane fines with an “approved device”, which is specified in an order made by the Home Secretary.
In a letter to Mr Murray-Smith from the Home Office, seen by South London Press, the Home Office said it had not approved any new cameras since 2000.
Councils have been producing certificates for cameras certified under acts that apply to England, but not councils in London.
A spokesman for Lambeth council said: “We work hard to ensure all our equipment and signage complies with all regulations and standards. Motorists can appeal if they feel a penalty has been wrongly applied.
“We have been advised that all bus lane cameras operating in London are prescribed under the LLAA 96, so they can be used for enforcement.”
Bromley council said an administrative error meant the wrong certificate for the enforcement camera was submitted to the adjudicator when its case was thrown out.
A Hammersmith and Fulham council spokesman said: “All Penalty Charge Notices are issued by an officer who reviews the video footage, and all bus lane cameras operating in London are prescribed under section 4(1) of the LLAA 96.”
When asked to provide proof that the borough’s cameras were in line with legislation, it did not respond.
The Department for Transport could not confirm which legislation councils in London should be using and said that adjudicators should have the final say on bus lane fines.
Pictured top: A car in a bus lane (Picture: Sludge G/Wikimedia Commons)