Minor Infringement Test 
 
Was a permitted vehicle delayed? 
Yes
 
Could a permitted vehicle have been 
delayed if one or more had arrived? 
Yes
 
Did the incident put a road user at risk? 
Yes
 
Did the driver gain an unfair advantage? 
Yes
 
Did the action set a precedent that could 
encourage others to misuse the bus 
Yes
lane? 
  
Defence Test 
 
Are there any mitigating circumstances that did 
Yes
Do nothing 
not give the driver any option but to enter the bus 
lane? 
 
Are there any circumstances on which the driver 
Yes
could build a reasonable defence (whether 
justified or not)? 
 
Are there any possible circumstances 
Yes
surrounding the quality and handling of the notes 
or video recording that could make them 
inadmissible as evidence? 
 
Issue Penalty Charge Notice 

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