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       #Post#: 80174--------------------------------------------------
       Adequate Signage for TMOs: classic precedents
   DIR By: Bustagate
       Date: July 8, 2025, 3:49 pm
       ---------------------------------------------------------
       I've been taking a look at some classic cases which are used as
       precedents for adjudications of PCNs involving traffic orders. I
       started with the most venerable, Macleod v Hamilton 1965 STR 305
  HTML https://parkingnewsarchive.blogspot.com/2006/10/macleod-v-hamiliton.html.<br
       />This is the one which found that there is no contravention of
       a
       traffic order unless adequate notice has been given of its
       effect.
       I was surprised to find it stated explicitly that:
       - contravening a traffic order requires either mens rea or some
       element of negligence;
       - the signage as to the effects of the traffic order must be
       adequate to inform visitors or long-distance travellers, i.e.
       not just locals who know what it all means;
       It also confirmed that:
       - the traffic signs used must be authorised by the Secretary of
       State (i.e. either in TSRGD or specially authorised),
       although this has been relaxed slightly by the subsequent move
       towards a more purposive approach to statutory interpretation
       and, in particular, by Soneji (of which more in a later post).
       I'd be interested in the views of others, in particular about
       mens rea and Lord Justice-General Clyde's remarks about the
       adequacy of the signage for visitors and long-distance
       travellers (aka Sassenachs). These aspects of the judgment
       appear to have been lost with the passage of time.
       Macleod v Hamilton
       Circumstances
       Edinburgh Corporation had made a traffic order which prohibited
       waiting in various streets, including High Riggs. It had erected
       signs there which declared "controlled zone" together with loose
       pieces of hardboard bearing the words "No Waiting Except As
       Authorised by Tollcross Area Traffic Control Order". Mary
       Hamilton parked her car on High Riggs for twenty minutes within
       the period covered by the traffic order. She was charged in the
       Sheriff Court with contravening the order. She pleaded not
       guilty.
       Trial
       The Sheriff-substitute found her not guilty, writing:
       --- Quote ---
       >
       > It was argued for the [prosecution]... that, since the offence
       consisted in a contravention of an order ... the question
       whether a sign conformed to a particular design or even whether
       a sign had been erected, was immaterial. This argument, if
       pressed to its logical conclusion, and the [prosecutor] did not
       shrink from so contending, would mean that even if there were no
       signs at all in the Tollcross area, nonetheless, any motorist
       who allowed his car to wait there (unless he could bring himself
       within one of the excepted categories) could be successfully
       prosecuted for a contravention of the order although he was
       totally unaware of the existence of the order...  In short, the
       question comes to be whether mens rea is essential to a
       contravention of the present order.
       >
       > ...  in my opinion, [regulation 15(c) of the Procedure
       Regulations, equivalent to regulation 18 of LATOR 1996] simply
       means what it says, namely, that adequate information is to be
       given to persons using the road and that is to be done by the
       erecti&#1086;n of signs. This is quite the opposite to an
       absolute obligation and I think the Crown has failed to show
       that the words used in the regulation ... impose such an
       obligation.
       >
       --- End Quote ---
       Appeal by Case Stated
       The procurator-fiscal, Angus Macleod, appealed to the High Court
       of Justiciary by case stated, i.e. on a point of law. He
       conceded that the signs did not comply with the Procedure
       Regulations but contended that the offence was one of strict
       liability and that mens rea was not necessary.
       Sitting as an appeal court under Lord Clyde (the head of the
       justiciary in Scotland) with Lords Carmont and Migdale, the High
       Court of Justiciary found that the Sheriff-substitute was
       entitled to find Mary Hamilton not guilty.
       Lord Clyde (with whom Lord Carmont agreed) wrote:
       --- Quote ---
       >
       > ... I quite recognise that when Parliament creates a new
       offence by statute it may so frame the duty on the members of
       the public that an offence can be committed even though there is
       no negligence on the part of that member of the public, no mens
       rea and no knowledge even of the existence of the new statutory
       duty. But that is not a situation which is lightly to be
       presumed and the burden would be on the Crown to satisfy the
       Court that the duty created by the statute is of this absolute
       character ... it seems quite clear that in this case Parliament
       never intended to impose any absolute obligation at all.
       >
       > It was an integral part of the statutory scheme for a traffic
       regulation order that notice by means of traffic signs should be
       given to the public using the roads which were restricted so as
       to warn users of their obligations. Unless these traffic signs
       were there accordingly and the opportunity was thus afforded to
       the public to know what they could not legally do, no offence
       would be committed. It would, indeed, be anomalous and absurd
       were the position otherwise. Apart altogether from persons
       familiar with the restrictions, visitors or long-distance
       travellers could not reasonably be expected to know of the
       existence of the restrictions in any particular street and it is
       only natural therefore that Parliament required adequate notice
       of the restriction on the site before an offence against these
       traffic regulations could be charged and a penalty exacted.
       >
       > The next question therefore is whether in this case the notice
       required by Regulation 15 (c) was given. ... it is clear that
       the signs erected at High Riggs did not conform to the
       requirements of a traffic sign as defined in section 51 and the
       regulations made by the Secretary of State under that section.
       There is no provision in the Act or in the regulations for a
       different kind of traffic sign not authorised by the minister.
       >
       --- End Quote ---
       Lord Migdale wrote:
       --- Quote ---
       >
       > Two things are clear (first) the signs erected do not conform
       to the pattern and colour laid down by Statutory Instrument 13
       of 1957 and (second) the signs erected are ambiguous.
       >
       > If the appellant is right neither of these things matter. His
       argument is that the Tollcross Area Traffic Order is by itself
       effective to impose an absolute prohibition against waiting in
       High Riggs. ... The test to be applied is an objective one and
       the fact that the respondent claimed she had no mens rea was
       irrelevant. This contention was rejected by the
       sheriff-substitute and, in my view, he was right to do so.
       Ignorance that a statutory regulation has been breached is no
       defence if the obligation is an absolute one ...
       >
       > The subject matter of this order is the regulation of traffic
       in the Tollcross area of the city. This requires that traffic
       shall proceed in one direction along another street. Certain
       turns are prohibited in some streets and waiting is banned in
       yet another group of streets. If the appellant is right this
       well regulated flow of traffic is to be achieved by nothing more
       than signing an order in the City Chambers. Common sense, if
       nothing more, requires that there should be adequate and
       intelligible notices at the important points on the streets
       concerned so that those who do not read the Scotsman or
       subscribe to the Edinburgh Gazette may know what to do when they
       get to Tollcross. The fact that notices of a kind were in fact
       put up suggests that this aspect of the problem was not
       overlooked....
       >
       > In my opinion the erecti&#1086;n of traffic signs at the locus
       is properly required by the regulations as part of the procedure
       to make known the effect of the order. ... If I am right it
       means that the order is not effective unless and until the
       council complies with Regulation 15 (c) and erects road signs at
       the locus. Signs were erected but they were not the proper ones
       nor were they clear.
       >
       > Even if I am wrong ... and ... the Corporation is entitled to
       design signs to its own pattern, I do not regard the one shown
       ... as giving adequate information to persons using the High
       Riggs. If it had said "No waiting" or "No waiting in this
       Street" it might have had that effect but all it says is that
       the driver is entering a "controlled zone" and can only wait if
       authorised to do so by the order. How is he to know if his
       "wait" is "prohibited" or "authorised"?
       >
       > At any rate it is clear that the notice does not impose on the
       driver an absolute obligation not to wait in High Riggs.
       >
       --- End Quote ---
       #Post#: 80179--------------------------------------------------
       Re: Adequate Signage for TMOs: classic precedents
   DIR By: Southpaw82
       Date: July 8, 2025, 4:49 pm
       ---------------------------------------------------------
       None of that seems anomalous to me. All the case is saying is
       that breach of the TRO by itself is not enough, because statute
       requires adequate notice to be given. In that sense it is not an
       absolute offence. I’m not sure that what was said about mens rea
       was part of the ratio of the case; it certainly wasn’t treated
       as such in James v Cavey [1967] 2 QB 676.
       #Post#: 80213--------------------------------------------------
       Re: Adequate Signage for TMOs: classic precedents
   DIR By: John_S
       Date: July 9, 2025, 4:41 am
       ---------------------------------------------------------
       [member=3617]Bustagate[/member] I guess what you’re really
       saying is that adjudicators today don’t always follow past
       precedents consistently. I think most would agree with this. In
       my experience, wining a complex case at adjudication comes down
       to one thing: presentation.
       --- Quote ---
       > I'd be interested in the views of others... about... Lord
       Justice-General Clyde's remarks about the adequacy of the
       signage for visitors and long-distance travellers
       --- End Quote ---
       Where any sign shows a street name in a sentence (eg “No access
       to Bell Street except buses”) it is almost certainly
       non-compliant and in my view inadequate because it doesn’t cater
       for those who are unfamiliar with Bell Street.
       The thing that seems to have changed in the last 15 years or so,
       is the test of ‘substantial’ compliance which is subjective -
       hence presentation is key.
       #Post#: 80214--------------------------------------------------
       Re: Adequate Signage for TMOs: classic precedents
   DIR By: Bustagate
       Date: July 9, 2025, 4:45 am
       ---------------------------------------------------------
       What I considered significant about this judgment was that mens
       rea is discussed. Too many PCNs relate to schemes where the
       traffic authority has placed the bare minimum of regulatory
       signs where those signs must be placed - at the start of the
       regulated section of road - without also placing signs giving
       advance notice of it.
       Consider Camrose Avenue, Harrow (it's why I'm writing this post
       now). It is, in essence, a very short nearside with-flow bus
       lane as a bypass to a width restriction. It was created in 1974,
       before TSRGD 1975, the first TSRGD to include signs for bus
       lanes.
       Rather than seeking special permission from the Ministry, Harrow
       decided to use signs for which no permission was required. This
       meant a No Entry sign with an "Except buses" plate across the
       bus lane. As that wouldn't stop HGVs which reached the width
       restriction and had nowhere else to go, Harrow planned to
       install rising barriers across the bus lanes which only the
       buses would be able to raise (hence the term "bus gate").
       The rising barriers were never used (it's not clear whether they
       were installed). The scheme was ineffective for 30 years: Harrow
       didn't even bother to ban HGVs from Camrose Avenue (they still
       haven't). Locals complained. When civil enforcement of moving
       traffic offences was introduced, TfL invited councils to propose
       bus gates where TfL would pay for the installation of CCTV so
       that the council could start issuing PCNs.
       Camrose Avenue became one of the first bus gates at which PCNs
       were issued. TfL paid for new signage, but the advance signage
       was limited to that for the width restriction (despite the fact
       that Harrow wrote the width-restriction TMO so that it would
       apply the bus-only restriction to the bus lane). This is the
       view during the day at the first point at which any signage for
       the bus restriction becomes visible:
       [attachimg=1]
       Note the absence of edge-of-carriageway road markings to
       separate the bus-lane bypass from the main route of the road.
       Note also the absence of diagram 877 to indicate that the inside
       lane is about to become a bus lane. All that Harrow provide in
       advance are curved arrows (diagram 1014) which TSRGD defines as
       warnings of future road markings (e.g. the onset of solid double
       white lines, the lead-in taper to a bus lane), none of which is
       present. Those curved arrows have not been placed in accordance
       with TSRGD and Harrow has not obtained a special direction from
       DfT authorising their placement. They have been placed
       unlawfully.
       Now suppose that you have the misfortune to be following a bus
       on the approach to the restrictions. There are no upright
       traffic signs or road markings that there is a bus restriction
       ahead. If you had been following a bus which was approaching the
       start of a bus lane, there would have been a diagram 958 and
       then the tell-tale thick dashed white line as a taper across the
       lane. That tells you that the bus is going somewhere where you
       can't. Instead there's the (unlawfully-placed) curved arrow.
       There isn't even a diagram 877.
       This is why I was pleased to read the judgment in Macleod v
       Hamilton and am seeking to draw attention to it. People who know
       Camrose Avenue know what's up ahead and move out to the width
       restriction in advance. Those who don't, get caught. Harrow
       argue before adjudicators that they have provided advance
       signage: look how many people follow the signs successfully.
       They tend to be locals and those visitors and long-distance
       travellers who are fortunate enough to be following drivers who
       know how to negotiate the restrictions.
       Too many local authorities adopt inadequate and tricksy signage
       of traffic orders which locals learn to navigate but which catch
       out visitors and long-distance travellers. Much signage which is
       borderline acceptable by day is inadequate at night. Even where
       signage appears adequate, other events on the road may command a
       driver's attention when the sign is visible, or the sightline
       may be blocked by other vehicles.
       Many of those receiving PCNs have no mens rea and have been
       attentive. They have not been negligent. Macleod v Hamilton may
       help them challenge the scourge of predatory local authorities
       using PCNs as a tax on visitors and long-distance travellers.
       [attachment deleted by admin]
       #Post#: 80236--------------------------------------------------
       Re: Adequate Signage for TMOs: classic precedents
   DIR By: Southpaw82
       Date: July 9, 2025, 6:46 am
       ---------------------------------------------------------
       Don’t forget that Macleod was a criminal case. The concept of
       mens rea doesn’t tend to feature in civil law.
       #Post#: 80267--------------------------------------------------
       Re: Adequate Signage for TMOs: classic precedents
   DIR By: Bustagate
       Date: July 9, 2025, 10:31 am
       ---------------------------------------------------------
       Cases about the Validity of Individual Traffic Signs
       There have been a number of cases in which the validity of
       individual traffic signs (either upright signs or road markings)
       have been challenged. These include:
       - Davies v Heatley [1971] RTR 145
       - Sharples v Blackmore [1973] RTR 249
       - Cotterill v Chapman [1984] RTR 73
       - Cannadine et al v DPP
  HTML https://www.bailii.org/ew/cases/EWHC/Admin/2007/383.html
       [2007]
       EWHC 383 (Admin)
       Over the period of these cases, there has been a move away from
       a strict approach to statutory interpretation towards a
       purposive approach. This has been spurred on by ]R v Soneji
  HTML http://[
  HTML https://www.bailii.org/uk/cases/UKHL/2005/49.html
       [2005]
       UKHL 49[
  HTML https://www.bailii.org/uk/cases/UKHL/2005/49.html
       ]. The
       issue here was whether the Court of Appeal had been correct to
       quash two confiscation orders because there had been a failure
       to comply with a six-month time limit specified in legislation.
       Adopting a purposive approach, Lord Steyn (with whom the other
       law lords concurred) found:
       --- Quote ---
       >
       > 23. … the rigid mandatory and directory distinction, and its
       many artificial refinements, have outlived their usefulness.
       Instead, as held in Attorney General's Reference (No 3 of 1999)
       [2001] 2 AC 91 the emphasis ought to be on the consequences of
       non-compliance, and posing the question whether Parliament can
       fairly be taken to have intended total invalidity. That is how I
       would approach what is ultimately a question of statutory
       construction. In my view it follows that the approach of the
       Court of Appeal was incorrect.
       >
       --- End Quote ---
       Davies v Heatley
       Davies was convicted of crossing a continuous white line (part
       of solid double white lines) on a bend. He appealed successfully
       on the grounds that the white lines did not comply with the
       specification in TSRGD. The non-compliance is often reported as
       the presence between the continuous lines of the vestiges of an
       earlier intermittent white line. While these vestiges were
       indeed present, the judgment, by Lord Parker CJ (with Melford
       Stevenson and Cooke JJ) makes it clear that the defect was more
       substantial:
       --- Quote ---
       >
       > A photograph is attached to the case which shows quite clearly
       that between the double white lines there is an old intermittent
       line, in other words it seems pretty certain that at one time on
       this bend there was the ordinary intermittent white line, but a
       time came when, as it were, superimposed on that and on either
       side of it were put these double white lines.
       >
       > The justices expressed their view, a view with which I have
       every sympathy, and one which could be said to be a common sense
       view, as follows: 'We were of opinion that the defendant was
       left in no doubt as to the nature of the sign in question; and
       that though the sign did not strictly comply with the
       Regulations insofar as there was an intermittent white line
       placed between two continuous white lines, the sign, which was
       situated on an "S" bend, was clearly visible and recognisable
       and, therefore, binding on the defendant'.
       >
       > I have come to the conclusion, though with some reluctance,
       that the justices were wrong. The legislation in question makes
       it abundantly clear that there must be strict conformity with
       the traffic signs which are prescribed.
       >
       --- End Quote ---
       The regulations (TSRGD 1964) specified that the gap between the
       white lines was to be between 4" and 7". You could (and still
       can) have double white lines with greater distance between them,
       but the space between needs to contain diagonal white lines. The
       judge describes the continuous lines as being "on either side"
       of the old intermittent line, which suggests that the correct
       variant of double white lines for this spacing would have had
       diagonal lines between them.
       It's also worth remarking that, according to a police constable
       following Mr Davies in a Panda car, in front of Mr Davies were
       "two heavily laden motor lorries travelling at a very slow
       speed". Since 1994 there has been an exception to the rule about
       crossing double white lines: this is permitted if whatever is in
       front is travelling at no more than 10 mph and it is safe to
       pass. A blind eye must have been turned to many transgressions
       before 1994, especially where a vehicle had stopped, as was
       permitted in various circumstances.
       Cannadine et al v DPP (includes Sharples v Blackmore and
       Cotterill v Chapman)
       Cannadine was about 20 mph speed limit signs on Tower Bridge.
       These were unusual in being internally-illuminated: the sign was
       translucent with a light source behind and a housing around the
       edge of the sign which created a very narrow black border around
       the red ring. The judge found:
       --- Quote ---
       >
       > I therefore accept the submission on the part of the
       respondent that the housing used in these signs is not an
       integral part of the sign and is independent of the sign itself.
       The two are, to my mind, entirely distinct. I consider that the
       signs on Tower Bridge do comply with the relevant regulations.
       >
       > However, I should also consider the position, if the
       appellants were correct in their submission that the road signs
       did not comply with the requirements of the regulations. Here I
       bear in mind the decision of this court in Davies v Heatley
       [1971] RTR 145, that there must be strict and complete
       compliance with the regulations governing the form of road
       signs. However, this does not mean that any deviation from the
       requirements of the regulations will lead inevitably to the
       conclusion that the signs were not prescribed signs and give
       rise to no legally enforceable restrictions.
       >
       > A number of decisions of this court, while acknowledging the
       general rule stated in Davies v Heatley, have applied a de
       minimis exception to the rule. In Sharples v Blackmore [1973]
       RTR 249 this court held that the fact that the back of a road
       sign had been painted the wrong colour did not make a restricted
       road into a destricted road. May J, as then was, when delivering
       the first judgment observed that he did not intend, in any way,
       to detract from the authorities which lay down that where signs
       are erected and are in place on a road giving guidance or giving
       directions to drivers, they must in the respects in which they
       give that guidance, or give those directions, comply strictly
       with the requirements of the regulations. However, he considered
       the non-compliance of the rear of the sign to be wholly
       immaterial.
       >
       > Similarly, in Cotterill v Chapman [1984] RTR 73, a decision
       which Mr Sharpe has very properly drawn to our attention, this
       Court concluded that a miniscule deviation of some 3
       millimetres, in a line painted on the road did comply with the
       requirements. The departure from the standards set down in the
       regulations were so minor, that this court concluded that it
       should be disregarded by the application of the de minimis
       principle.
       >
       > In the present case there was no question of any road user
       being misled or misinformed. The district judge has found that
       except on very close examination the casing around the sign is
       effectively invisible. In the light of that finding I consider
       that even if, contrary to my conclusion, the sign is to be
       regarded as not complying with the regulations, the deviation is
       so minor that on the authority of Sharp v Blackmoor and
       Cotterill v Chapman it should be disregarded.
       >
       --- End Quote ---
       #Post#: 80275--------------------------------------------------
       Re: Adequate Signage for TMOs: classic precedents
   DIR By: Bustagate
       Date: July 9, 2025, 11:25 am
       ---------------------------------------------------------
       Oxford Bus Gate Case
       R (Oxfordshire C.C.) v. Bus Lane Adjudicator
  HTML https://www.bailii.org/ew/cases/EWHC/Admin/2010/894.html
       [2010]
       EWHC 894 (Admin) is one of the few cases involving signs for
       moving traffic which reached the High Court. It concerned the
       High Street in Oxford, which the Council wished to restrict as a
       through route during the day (7.30 a.m - 6.30 p.m.) to buses,
       taxis and cycles. Those restrictions remain in place today, and
       the signage is now uncontroversial.
       Moving Traffic Offences (Criminal) v Bus Lane Offences (Civil)
       At the time, moving traffic offences outside London could only
       be the subject of criminal proceedings. Elsewhere, civil
       enforcement, i.e. the issue of PCNs and the collection of
       penalty charges, applied only to bus lanes and parking. That
       meant that if the sections of road to which the restrictions
       applied were bus lanes, the civil proceedings for contravening
       the bus lane were lawful; otherwise they were not.
       Complicating this was that these were not conventional
       "with-flow" bus lanes, i.e. the ones at the edge of the
       carriageway with a thick white line at the outer edge to
       separate the bus lane from other traffic going in the same
       direction. Instead, the section of carriageway next to the kerb
       in each direction was a cycle lane. Working towards the centre
       of the road, next came a long traffic island, then a lane for
       motor vehicles and then a central long traffic island. Given the
       traffic islands between the lanes, there were no lane markings:
       [attachimg=1]
       A traffic order specified that between 7.30 a.m. and 6.30 p.m.
       the only motor vehicles which could use the lanes either side of
       the central traffic island were local buses and taxis. Local
       buses did indeed use these lanes but they were not designated as
       bus lanes under the relevant legislation and did not use the
       traffic signs which are mandatory for bus lanes.
       At the restrictions, the Council had hoped to use "blue roundel"
       signs (diagram 953) which show a bus, a cycle and the word
       "taxi". These were widely used at such restrictions, which are
       known as "bus gates" (because early ones used rising barriers).
       However, the Department for Transport was adamant that the blue
       roundel sign could only be used where the restriction applied 24
       hours a day. While the Department would provide special
       authorisation for some relaxations of the Traffic Signs
       Regulations and General Directions (then TSRGD 2002), it refused
       to do so in this instance.
       Instead it told the Council that it should use the No Motor
       Vehicles sign (diagram 619 aka the "flying motorcycle") with an
       Except plate to permit buses and taxis. Its reasoning was that
       this sign (especially when it appears as part of the Pedestrian
       Zone sign) is often used part-time with the hours of operation
       specified on the sign. The Council acquiesced, but the result
       was inelegant and gave succour to those arguing that
       contraventions of the signs were moving traffic offences rather
       than bus lane offences.
       Advance Notice of the Restrictions
       Another issue before the court was the adequacy of the advance
       notice of the restrictions. It didn't help that the Council
       chose mostly to use text signs, e.g. "Entry to High Street
       restricted 130 yards ahead" rather than the more-easily
       assimilated "flying motorcycle" sign with the plate "130 yards"
       beneath it. There were then, and are today, "No Through Road"
       signs at the last junction before the restrictions with the
       plates "Except authorised vehicles" and "7.30 a.m - 6.30 p.m.".
       However, this isn't much consolation when you have driven half a
       mile and reach unexpected signs barring your way.
       One feature of the Oxford scheme was (and is) that, 20 yards
       before the restriction, there is a final warning sign with the
       opportunity and encouragement to do a U-turn and avoid the
       traffic cameras, whose presence is advertised (see image above).
       This scheme was (and is) very different to those schemes in
       which motorists find themselves unexpectedly facing a sign which
       bars them but where there is no escape: they must continue or
       risk an accident. Also, the speed limit in Oxford is 20 mph for
       the half mile to the restriction.
       Judgment
       The key paragraph in the judgment was paragraph 65:
       --- Quote ---
       >
       > The Defendant's submission that the fact that signs are
       prescribed or authorised does not mean they are sufficient for
       securing adequate information as to the effect of an order is
       made available to road users is clearly correct. If the signs do
       not in fact provide adequate information no offence is
       committed; see James v Cavey [1967] 2 QB 676. Such information
       is a requirement and, as Jackson J stated in R (Barnet LBC) v
       Parking Adjudicator [2006] EWHC 2357 (Admin) at [41], if the
       statutory conditions are not met the financial liability does
       not arise. This, however, is not a decision like Case RG2541
       Wright v Reading BC, a decision of the Parking Adjudicator
       involving ambiguous signs. The ambiguity in that case concerned
       the period of time during which the prohibition operated i.e.
       ambiguity as to its extent. Subject to one qualification, in
       this case the 'confusion' and the 'inadequacy' found relates to
       the precise judicial basis of the prohibition and not to its
       existence or extent.
       >
       --- End Quote ---
       One other aspect of Beatson J's judgment in this case was the
       care which he took to review the advance signage (he recorded
       signs placed 450, 180 and 20 yards before the designated section
       when approaching from the west) and that the signage could be
       seen. Paragraph 69 begins:
       --- Quote ---
       >
       > In such circumstances, where the signs have not been placed in
       positions where they cannot be seen or easily seen, are not
       obscured by vegetation or other street furniture, and are
       clearly visible and comply with Departmental Guidance, there
       must be strong reasons given for concluding that they do not
       provide adequate information. None were given in this case. Nor
       indeed are the two documents containing the Department's
       Guidance referred to in the relevant part of the decision.
       >
       --- End Quote ---
       Although more obiter than precedent as to how to evaluate the
       adequacy of signage, this judgment does exert strong influence
       on lesser tribunals.
       Changes since 2010
       Local authorities in London had been able to use civil
       enforcement for moving traffic offences from 2006. Other local
       authorities in England obtained this power from 2022. In 2022
       the Department for Transport published statutory guidance on
       civil enforcement of bus lane and moving traffic contraventions
  HTML https://www.gov.uk/government/publications/bus-lane-and-moving-traffic-enforcement-outside-london/traffic-management-act-2004-statutory-guidance-for-local-authorities-outside-london-on-civil-enforcement-of-bus-lane-and-moving-traffic-contravention.<br
       />This advised authorities outside London what they needed to do
       to obtain civil enforcement powers and how they should use them.
       Oxford now has these powers.
       TSRGD 2002 and DfT policy prevented Oxford from using the blue
       roundel sign (diagram 953) because the restrictions were
       part-time. That changed with TSRGD 2016, which provided much
       greater freedom in how signs could be used. Oxford now uses blue
       roundels both at the restrictions and for advance notices:
       [attachimg=2]
       [attachment deleted by admin]
       #Post#: 80288--------------------------------------------------
       Re: Adequate Signage for TMOs: classic precedents
   DIR By: roythebus
       Date: July 9, 2025, 12:11 pm
       ---------------------------------------------------------
       There's a very prominent width restriction sign at the junction
       with the A5 Edgware Road and Camrose Avenue.
gopher.createaforum.com:70 /forums/ftla/p/7183:598: line too long