Wellington City Council: Fine for using a bus lane in Manners Mall

**Brayden** · 27th February 2012, 11:41

OK SO.

I used to work from 12am-8am night shifts at Skynet Internet Cafe in Manners Mall. WCC send me a fine for using the bus lane on my motorbike. I need to use this bus lane as i park my motorcycle inside the workplace, so when I work nights people don't mess with my bike. Twice now its been screwed with by drunk people costing me 300$ in repairs so far.

I need to use the bus lane to access my work in Manners Mall, where I park inside, with my bosses permission, otherwise people will break my motorcycle.

The time of the incident was 5:43 PM. I went in early to work to play some video games with my customers before my work started. The fine is $150.

Personally I think this is ridiculous, I don't know who filed the complaint, maybe it was a parking warden asshole, but anyway.

IS IT POSSIBLE TO GET OFF THIS FINE?? I've never disputed a fine so anyone who has experience with this sort of stuff who has any good advice will be helpful.

This is the rule they gave me, "This is an offence under rule 2.3 (1) (f) of the Land Transport (Road User) Rule 2004).

The rule is - A driver, when driving, must not use—
"a special vehicle lane reserved for a specific class or classes of vehicle unless—
(i) the vehicle is one of the class or classes of vehicle for which the lane is reserved; or
(ii) the vehicle is an emergency vehicle being used in an emergency."

However 1.6 says, "bus lane means a lane reserved by a marking or sign installed at the start of the lane and at each point at which the lane resumes after an intersection for the use of—
(a) buses; and
(b) cycles, mopeds, and motorcycles (unless 1 or more are specifically excluded by the sign)"

I think There is a no right turn sign which says "Except Buses" into manners mall. I will double check this on my way home.

Remember I need to use the bus lane to get to work and park inside, (my work is on manners mall street) otherwise I have to risk my bike being broken, which has happened twice already in designated motorcycle parks, during my night shifts.

THANKS IN ADVANCE

**Devil** · 27th February 2012, 13:51

You might have to get off it and push...

**nzmikey** · 27th February 2012, 13:56

Originally Posted by Devil

You might have to get off it and push...

well said, I had come here to say this

**Clockwork** · 27th February 2012, 14:03

Must admit, I thought
"(b) cycles, mopeds, and motorcycles (unless 1 or more are specifically excluded by the sign)" was your "get out of jail" although I don't know what sign-age exists down there.

I would have thought anyone that needs "access" would have been allowed too.

**Scuba_Steve** · 27th February 2012, 14:05

Law says you can use it, not once does that lane specificity (that's the key word here) exclude motorbikes, without the exclusion Govt law says you can use it simple as that.

Be prepared they will try shit like "buses only" (as the sign says) means only buses are allowed because I believe the contractors only get paid on conviction & the council don't really care, but that is an specific inclusion NOT an exclusion as required by law so cycles, motorbikes & mopeds are still legally allowed. Biggest problem is if you wanna fight they make it a pain in the ass to do so regardless of your right or innocence

**Bassmatt** · 27th February 2012, 15:14

I agree with scuba." Buses only" is not an exclusion but you will have a fight on your hands unless there are bus lane signs elsewhere that actually exclude vehicles eg Buses Only No Motorcycles.

**Hoarn** · 27th February 2012, 17:53

I strongly suspect that they will come back with 1.6 doesn't apply as the "bus only" area in Manners Mall is not a Bus lane. What?!? I hear you cry! Yes, if you take this further you may find that "special vehicle lane" under rule 2.3 (1) (f) of the Land Transport (Road User) Rule 2004) and "bus lane" via 1.6 are 2 entirely different things, even if they, as in this case, appear to be exactly the same.

I wish you the best of luck though. Given it's required for you to travel along there to get to your work, that's the exclusion I'd try to go for if I was you.

**Scuba_Steve** · 27th February 2012, 18:23

Originally Posted by Hoarn

I strongly suspect that they will come back with 1.6 doesn't apply as the "bus only" area in Manners Mall is not a Bus lane. What?!? I hear you cry! Yes, if you take this further you may find that "special vehicle lane" under rule 2.3 (1) (f) of the Land Transport (Road User) Rule 2004) and "bus lane" via 1.6 are 2 entirely different things, even if they, as in this case, appear to be exactly the same.

I wish you the best of luck though. Given it's required for you to travel along there to get to your work, that's the exclusion I'd try to go for if I was you.

But then they haven't ticketed him under 2.3 neither (not that it makes a difference really), they've gone 1.6 meaning still for all intensive purposes he's still legal in this case.

Also you have to note the interpretation

special vehicle lane means a lane defined by signs or mark- ings as restricted to a specified class or classes of vehicle; and includes a bus lane, a transit lane, a cycle lane, and a light rail vehicle lane.

So a special vehicle lane is a bus lane (vise versa) making it 1 in the same & bringing us back to -

bus lane means a lane reserved by a marking or sign installed at the start of the lane and at each point at which the lane re- sumes after an intersection for the use of— (a) buses; and
(b) cycles, mopeds, and motorcycles (unless 1 or more are specifically excluded by the sign)

... And lawyers get paid excessive amounts for this, need to order my 1 of those law degrees from the interwebs me thinks

**Hoarn** · 27th February 2012, 19:04

Originally Posted by Scuba_Steve

But then they haven't ticketed him under 2.3 neither (not that it makes a difference really), they've gone 1.6 meaning still for all intensive purposes he's still legal in this case.

Also you have to note the interpretation

special vehicle lane means a lane defined by signs or mark- ings as restricted to a specified class or classes of vehicle; and includes a bus lane, a transit lane, a cycle lane, and a light rail vehicle lane.

So a special vehicle lane is a bus lane (vise versa) making it 1 in the same & bringing us back to -

bus lane means a lane reserved by a marking or sign installed at the start of the lane and at each point at which the lane re- sumes after an intersection for the use of— (a) buses; and
(b) cycles, mopeds, and motorcycles (unless 1 or more are specifically excluded by the sign)

... And lawyers get paid excessive amounts for this, need to order my 1 of those law degrees from the interwebs me thinks

Hah, you had more motivation than me and actually looked it up

I wonder if they'd try and say that manners mall is not a bus lane, it's a "Bus Only" lane... hehe. Ah well, if common sense prevails clearly Brayden should be sweet..... but has common sense prevailed so far I ask you?

**MSTRS:Me** · 28th February 2012, 07:13

This is a local body council and it's fines department. Where is the room for commonsense?

**Brayden** · 8th March 2012, 17:59

Handed in my appeal today will post back with results when they get back to me

**90s** · 29th March 2012, 12:14

Originally Posted by Brayden

Handed in my appeal today will post back with results when they get back to me

Good luck - let us know

**caseye** · 29th March 2012, 12:32

I'd suggest you get in touch with Jon Visser.
Go here.
http://www.kiwibiker.co.nz/forums/me...699-Jon-Visser.
Explain the situation and see what he can do. I'm sure if you are entitled to use the lane that he will confirm it and if not I'm also sure that he could have some common sense applied to a rule which precludes the crossing of a lane/special road to access your place of work.
All is not lost.
Call Jon!

**Brayden** · 30th March 2012, 11:45

I just got mail back yesterday and they said I still need to pay the fine. They're saying it's not a bus lane and that it is a 'Bus Only' specified lane for bus use only. I raged and threw it in the bin so the letters gone. Silly on my part I should have held onto it. Should I send Jon a PM?

p.s. they also said work was no excuse