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STATUTORY INSTRUMENTS


2005 No. 2756

ROAD TRAFFIC

The Bus Lanes (Approved Devices) (England) Order 2005

  Made 28th September 2005 
  Laid before Parliament 11th October 2005 
  Coming into force 1st November 2005 

The Secretary of State for Transport, in exercise of the powers conferred by sections 144(14) and 160(1) of the Transport Act 2000[1], hereby makes the following Order:

Citation, commencement and application
     1. —(1) This Order may be cited as the Bus Lanes (Approved Devices) (England) Order 2005 and shall come into force on 1st November 2005.

    (2) This Order applies only to England.

Approved devices
    
2. A device is an approved device for the purposes of regulations under section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) if it is of a type which falls within any of the following descriptions—

Prescribed devices under section 20(9) of the Road Traffic Offenders Act 1988
     3. A device falling within the description specified in article 2(a) is not an approved device unless—



Signed by authority of the Secretary of State for Transport


Karen Buck
Parliamentary under Secretary of State, Department for Transport

28th September 2005



THE SCHEDULE
Article 2(b)


THE SPECIFIED CRITERIA


     1. In this Schedule "the equipment" means equipment comprising a device.

     2. The equipment includes a camera which is—

     3. The equipment includes a recording system in which—

     4. The equipment is—

     5. Where the equipment includes a facility to print a still image—

any printed image is endorsed with the time and date when the frame was captured and its unique number.

     6. Where the equipment includes a facility for simultaneous voice-over recording, it incorporates a time mark from the clock with which the recording system is synchronised, denoting contemporaneous recording with the vision track.



EXPLANATORY NOTE

(This note is not part of the Order)


The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 (S.I. 2005/2757) provide for the imposition of penalty charges in respect of contraventions of bus lane restrictions in England. Those Regulations permit the imposition of penalty charges only on the basis of a record produced by an "approved device". This Order provides that a device which is of a description specified in article 2 of this order is an approved device in England for the purposes of regulations under section 144, including the Regulations referred to above. Article 3 provides that a device specified in article 2(2)(b) must also be type approved by the Secretary of State and used in compliance with any conditions subject to which the approval was given. The Schedule to this order specifies criteria which a device must be certified as meeting if it is to fall within article 2(b).

No Regulatory Impact Assessment has been undertaken since the Regulations are concerned with the enforcement of existing traffic restrictions and prohibitions and do not therefore constitute an additional burden on business. The costs incurred by local authorities undertaking enforcement are expected to be defrayed by penalty charge income.


Notes:

[1] 2000 c. 38. See the definitions of "approved device" and "relevant national authority" in section 144(14).back

[2] 1988 c. 53; section 21 was substituted by the Road Traffic Act 1991 (c. 40) section 23.back

[3] 1996 c. ix. See, in particular, the definition of "prescribed device" in section 3 of the 1996 Act.back



ISBN 0 11 073433 5


 © Crown copyright 2005

Prepared 19 October 2005


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URL: http://www.bailii.org/uk/legis/num_reg/2005/20052756.html