Conservative-controlled Herts Highways, responsible for managing and maintaining Hertfordshire’s road network, has today been forced to admit to a major blunder that is likely to cost the county council about £1.26 million.

The ill-starred bus lane in Moor End Road, Hemel Hempstead, is a key element in the town’s traffic management intended to reduce congestion and keep buses running on time to destinations such as Chesham, Berkhamsted and Tring. After a false start with rising bollards that had to be removed, the council settled on a more conventional bus lane which went live on 25th July 2011. It was enforced with an automatic camera. Penalties were issued from the 8th August 2011 onwards.

It was immediately clear there was a problem with the clarity and visibility of the signage and an exceptionally high number of penalties were being generated. Between 19th and 23rd August 2011 local Liberal Democrat county councillor, Nick Hollinghurst, alerted fellow councillors, council officers and the Conservative Executive Member for the Highways and Transport, Cllr Stuart Pile, to the growing problem.

No action to correct these problems was ever taken and the county council decided early on to reject all criticism of the technical shortcomings of the scheme. Nevertheless today’s Herts County Council Cabinet meeting sounded the retreat and agreed to repay the wrongly collected fines.

Nick Hollinghurst, who has been campaigning on the issue since the middle of last year, said today: ‘As ever, the Tories at Herts County Council fail to listen when they don’t like the message.

‘They were clearly wrong on the issue, remained wrong, denied they were wrong and even said they were surprised people were saying they were wrong at the point when they finally got into serious trouble with a legal tribunal.

‘Money does not grow on trees. Had they listened to me and the countless members of the public who protested, they could have saved their reputation – and more importantly over a million pounds of precious public money.

‘There must be some political responsibility here. This lies with Cllr Stuart Pile who must consider his position: he has let down Hemel Hempstead, Hertfordshire and Hertfordshire’s taxpayers and should now resign.’

Notes

1. Specific problems identified

Cllr Hollinghurst identified the following problems last August:
1. a sign hidden behind a lamp post,
2. a sign obscured by a signpost,
3. only one road nameplate showing where Moor End Road was (and visible only after leaving the bus lane)
4. a sign edge-on to the flow of traffic (rather than facing the driver) and set too high
road markings visible in one direction only after the bus lane had been traversed
5. ambiguity in the wording of the traffic regulation order
6. an old sign from an earlier traffic scheme put in the wrong position originally and left in place, which confuses drivers by indicating a “Bus Link” to the left whereas the current scheme is a Bus Lane to the right past the sign.

2. Adjudication summary

Since then an adjudication from the Traffic Penalties Tribunal stated on 30th March, 2012

1. The traffic regulation order only restricts traffic other than buses and taxis entering and driving westwards along Moor End Road from the Waterhouse Street roundabout. The traffic order does not have the effect of restricting traffic travelling from the direction of Leighton Buzzard Road in an eastbound direction.
2. Vehicles travelling from Leighton Buzzard Road to Waterhouse Street are not contravening any traffic order.
3. While there may have been a breach of the traffic order restricting traffic other than buses and taxis from entering and travelling westwards along Moor End Road from Waterhouse Street, the restriction is unenforceable because Hertfordshire County Council have failed in their duty under Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England
and Wales) Regulations 1996 reasonably to bring the effect of the order to the attention of road users
4. Although not forming part of the judgment in Appellant A’s case, since I find that the TRO does not prohibit traffic travelling eastwards it follows that the signs at Bus Link are unlawfully placed, and, and in any event my findings as to the use of the wrong signs in relation to the westbound restriction would apply.”

3. Key statistics

34,932 Penalty Charge Notices were raised of which 30,335 have been paid.
The payments received are approximately £935,000 but because of costs only about £135,000 accrued to the council.