Peter Colmans
Traffic Division
Department for Transport Zone 3/26
Great Minster House
33 Horseferry Road
Charles Dawson
London SW1P 4DR
Email
: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Our Ref: GT51/2/2/F0012793
12 October 2015
Dear Mr Dawson,
Freedom of Information Request F0012793 Thank you for your email of 12 September. You made the following information request:
1. “Is DfT aware of the use of the so called ' 20 metre rule ' by councils given
enforcement powers over bus lanes?
2. Does the DfT condone or approve of the use of the 20 metre rule when raising
PCNs?
3. Is there a consistent use of the 20 metre rule and have any standardised
instructions been issued on how it is to be applied by all councils to ensure
consistency when raising PCNs?
4. Why is the 20 metre rule not included in the regulations governing use of bus
lanes?
5. Are there any standardised instructions to councils on how the 20 metre rule is
to be measured when using CCTV evidence?
6. Does the 20 metre rule apply to vehicles that are permitted to be in a bus lane
eg where there is a TMO exemption to cross a bus lane?
7. Is the 20 metre rule applicable when it is not possible to cross a bus lane in less
than 20 metres because of the bus lane layout eg if the bus lane passes though
an island?
8. Other countries eg Australia and New Zealand have a similar rule but the
allowance is much greater (100m and 50m). Is 20 metres to short a distance to
judge for motorists and enforcement staff?
9. Why is the 20 metre rule not more widely publicised eg in the Highway Code?
10. What advice has been given by the DfT to Tribunals concerning the application
of the 20 metre rule when considering appeals to ensure adjudication decisions
are consistent?
11. Is use of the 20 metre rule lawful?”
We have replied to questions 1, 2, 6, 7, 8, 9 and 11 and other correspondence from you in
our letter of 7 October under reference GT51/3/3/143597.
First, I would like to answer the first part of question 3 about whether or not there is
consistent use of the ‘20m rule’ and the whole of question 4, together with the question
raised in your email of 9 September. I would like to confirm that I am doing so outside of
the scope of the Freedom of Information Act 2000 (“the FOI Act”) as they are questions
about the Department for Transport’s (DfT) opinion rather than requests for written
recorded information that we hold.
I would like to confirm that there is no national ‘20 metre rule’. However, we are aware that
it is adopted some local authorities as a way of deciding whether or not a contravention
has occurred when a vehicle proceeds for a short distance in a bus lane. The enforcement
of bus lanes, including any application of ‘the 20m rule’ is entirely a matter for individual
local authorities and is not a matter on which the DfT is able to comment.
I would now like to turn to why the ‘20m rule’ is not included in regulations. It was never
envisaged that the ‘20m rule’ was ever to be included in regulations regarding bus lane
enforcement. The regulations, by definition, must include a clear cut definition of what
constitutes a contravention of a bus lane. The ‘20m Rule’ allows local authorities to provide
some leeway in incidents where an undoubted contravention to the letter of the law has
occurred but to issue a PCN would appear to be unduly harsh.
I would now like to deal with the second part of question 3 and the whole of 5 and 10 and
will confirm that I am doing so under the terms of the The FOI Act. The DfT has now
completed a search of its paper and electronic files and I can confirm that the information
you requested is not held by the DfT. No standardised instructions to councils or advice to
tribunals regarding the ‘20m Rule’ have been issued by the DfT. This is because, as
described above, it was not a policy taken forward by the DfT. We are aware that certain
local authorities that implement a ‘20m Rule’ publish their own Codes of Practice.
If you are unhappy with the way the DfT has handled your request or with the decisions
made in relation to your request you may complain within two calendar months of the date
of this letter by writing to the DfT’s FOI Advice Team at:
Zone D/04
Ashdown House
Sedlescombe Road North
Hastings
East Sussex TN37 7GA
E-mail
: xxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx
Please see attached details of DfT’s complaints procedure and your right to complain to
the Information Commissioner.
If you have any queries about this letter, please contact me. Please send or copy any
follow-up correspondence relating to this request to the FOI Advice Team to help ensure
that it receives prompt attention. Please also remember to quote the reference number
above in any future communications.
Yours sincerely
Hugh Arnold
Your right to complain to DfT and the Information Commissioner
You have the right to complain within two calendar months of the date of this letter about
the way in which your request for information was handled and/or about the decision not to
disclose all or part of the information requested. In addition a complaint can be made that
DfT has not complied with its FOI publication scheme.
Your complaint will be acknowledged and you will be advised of a target date by which to
expect a response. Initially your complaint will be re-considered by the official who dealt with
your request for information. If, after careful consideration, that official decides that his/her
decision was correct, your complaint will automatically be referred to a senior independent
official who will conduct a further review. You will be advised of the outcome of your
complaint and if a decision is taken to disclose information originally withheld this will be
done as soon as possible.
If you are not content with the outcome of the internal review, you have the right to apply
directly to the Information Commissioner for a decision. The Information Commissioner
can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
