2 weeks Ago
Officials have been accused of "misleading" motorists after thousands received fines from a new traffic camera despite having been promised they would only get a warning. Norfolk County Council had initially said that there would be a six month grace period for drivers caught in the Dereham Road bus lane by a camera which went live in February. However, more than 3,300 motorists have already been issued with £70 penalty notices, which are halved if paid within 14 days.
Officials are issuing the fines despite their earlier pledge because they switched the legislation they are using to enforce the camera. However, the change has enraged motorists who have called on County Hall to waive fines which have been issued so far. One said: "People have been misled.
The council said this was one piece of legislation and now they are saying it is under another. "That has created confusion and I think they should waive the fines." The new camera enforcing the Dereham Road bus lane, near Marl Pit Lane (Image: Denise Bradley) WHY HAS THE COUNCIL U-TURNED ON FINES? When the county council carried out a consultation about the potential installation of the Dereham Road camera - and six others - in 2022, it said enforcement would be through new powers connected to what are known as moving traffic offences .
Under legislation governing these powers, for the initial six months, people are meant to get a warning letter the first time they are snapped infringing regulations. In 2023, in response to a question from this newspaper about when fines would start being issued at the sites, including Dereham Road , a council spokeswoman confirmed: “Drivers would receive a warning letter for the first moving traffic offence in the initial six months after a camera has been installed, and subsequently a fine.” But it has transpired that without any notification and despite its earlier public statements, the council is using different legislation to enforce the camera.
This legislation, relating to the monitoring of bus lanes, rather than through the moving traffic offences regulations, has no period of grace. Liberal Democrat county councillor Sharon Blundell (Image: Supplied) HOW THE SWITCH EMERGED The council's switch only emerged when Sharon Blundell, Liberal Democrat county councillor for Costessey contacted officials to pass on concerns from motorists about fines being issued. A County Hall officer emailed her to say that the camera was not being enforced under the moving traffic offences legislation, but through bus lane legislation.
READ MORE: New cameras in Norfolk to catch rule-breaking drivers The official said that means there is no requirement for the six month grace period - so they were within their rights to issue fines from day one. They added, even though they were not required to, they put up a sign two weeks before the camera went live, informing motorists that enforcement was about to begin. However, the sign did not say that fines would be issued from that point and that the six-month grace period had been abandoned.
READ MORE: A47 speed cut and cameras scrapped after council objection WHAT DOES THE COUNCIL SAY NOW? Norfolk County Council said the initial consultation had not referenced time scales for introducing the fines. It said after that consultation, it received updated guidance from the Department for Transport and sought legal advice on how it could apply the new legislation. The authority said that, in 2022, it received a confirmation letter that existing Norwich bus lanes and bus gates could continue to be enforced under existing legislation in place in the city since 2015.
That meant Dereham Road would not be covered by the six-month leeway, although the other sites consulted on would be. And, yet, the following year, in 2023, the council incorrectly said Dereham Road would have the six-month grace period. A spokeswoman said: "We were also one of the very first authorities in the country to go through this process.
"While we could have been more explicit about this particular site we were dealing with very new legislation and bus lanes within the Norwich area are also unique. The spokeswoman added: "The bus lane on Dereham Road has been in place for more than 15 years with traffic restrictions already in place over these years. "This means that there has always been a risk of a fine for those breaking the restrictions.
"The introduction of camera technology helps us to enforce these restrictions, and we consulted on the use of this at a number of sites across the county with the majority of respondents agreeing that enforcement should be used. "There was a mix of sites included in the 2022 consultation where we wanted to bring in camera enforcement. “Dereham Road has been implemented correctly based on bus lane legislation and advanced warning signage were on display for one month ahead of the cameras becoming operational.
" The spokeswoman said it was normal to see a peak in fines after cameras first went live and that the number "indicated a significant lack of compliance with the existing highway rules". The council said it is reviewing 147 informal appeals since the introduction of enforcement..
