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

[Brayden]

Brayden,

I'm talking with some folks at Council about this. I'll let you know if there's anything I can do to help this go away.

Simon (BRONZ)

Sounds good man let me know how it goes!

[Scuba_Steve]

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.

So, a bus lane???
personally I'd be replying in a not so nice way, maybee with some white powder for that added kick. But thats me, not recommended for everybody

[Brayden]

No shit its bloody obscene. I'm thinking of taking it to court because it's just ridiculous. I'm also wondering who actually reported me to the council in the first place??

[Scuba_Steve]

No shit its bloody obscene. I'm thinking of taking it to court because it's just ridiculous. I'm also wondering who actually reported me to the council in the first place??

it was probably a walk safe person. They quite often have one at that fuck-up of an intersection noting down & taking pics.

[craigdek]

What the hell is a "walk safe". I'm new to these islands so please explain. Not even six months here and one old man has already taken me out and destroyed my two wheels.

[oneofsix]

What the hell is a "walk safe". I'm new to these islands so please explain. Not even six months here and one old man has already taken me out and destroyed my two wheels.

A parking warden in disguise? They both work for the same company that is contracted to WCC but as to what they do Keep walkers safe in the city with the most j walkers - fail. Protect walkers from buses - fail. Provide tourist advice help - I too will be interested in the answer but scuba might be on to it.

[mashman]

What street?

"‘No Entry’ restrictions are in place for the short length of Victoria Street between Dixon Street and
Manners Street (in the northbound direction only). These restrictions allow for use by buses,
taxis and service vehicles with business in Manners Street only, between the hours of 6:00am
and 6:00pm Monday to Friday".

Is your bike a service vehicle with a business on Manners Street? This might help, it might not... good luck

[nudemetalz]

Hey just to let you know.
Jon Visser left us,..err,.. I mean WCC Infrastructure about 2 months ago.
I've only just spotted this thread.

Let me do some digging and post back on Monday.

[Max Preload]

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

You shouldn't have done this - filling out their crap is nothing more than a fishing expedition to determine the defence you will use if, when you receive the default rejection letter, you decide to proceed to a defended hearing. Simply write "I deny this offence. Please advise me of the date for a defended hearing." Don't play their fucking game - make them play yours.

[nudemetalz]

I have asked various people here.

They categorically state that it is a "Bus-lane only at all times. No cycles or motorcycles at any time".

[hash]

i used to run the red light from courtney to manners each morning, now that i know i was breaking two rules, i feel twice as good

[sleemanj]

I am assuming we are taking about the Manners Mall bus route, and I think, you are probably out of luck on it.

Going from images on google, it looks like this road is not the usual Bus lane type marking, it's not green, and it doesn't say Bus lane on it, I don't know if this is a legislative requirement but certainly it appears to be the normal marking at least in Chch, Wgtn and Auck.

The signs are one that is a standard "No Entry", and one that is "Except Buses". This indicates to me that the road is not available for use but a specific exemption is given to buses to allow them to do so.

If you want to hear it in court, you are going to have to convince the judge that it is a bus lane and did not explicitly exclude you.

I think you would have a hard job arguing that this is officially a bus lane for starters. Certainly I think the intent is clear by road markings and signage that this is a closed road only available to buses.

[Flip]

The law says a motorcycle may use a bus lane unless it is specifically excluded.

The sign just says it is a bus lane, therefore we can use it.

[rastuscat]

You shouldn't have done this - filling out their crap is nothing more than a fishing expedition to determine the defence you will use if, when you receive the default rejection letter, you decide to proceed to a defended hearing. Simply write "I deny this offence. Please advise me of the date for a defended hearing." Don't play their fucking game - make them play yours.

I tend to agree, although it's not your game either. It's the legal system.

The Council is not the legal body who decides on innocence or guilt, two JPs at the District Court are. Only they can make you pay a fine. You have to play the legal game though.

At this stage, until determined by the JPs, it's just the Councils allegation that you've broken the rules.

My advice would be to plead the case Scuba has outlined i.e. motorcycles are allowed in bus lanes, and it's a bus lane. The JPs have to be satisfied that an objective outsider would have known it was against the rules before they'll order you to pay the fine.

Beware though, if you get ordered to pay the fine, you'll get some court costs added on.

[NZ_Blair]

Did you decide to defend it in court? All good really, and at end of the day, it costs more than your ticket to do so for the council ... value for money I say!