I suspect I probably did use bus lane , what proof is provided that I did . Can I demand a photo or other evidence.
saxman99,
Nov 13, 6:51pm
They will likely have a video.
I successfully defended one of these a few years ago based on a certain location and a specific set of circumstances. Where was it?
muzza3,
Nov 13, 7:58pm
Tauranga , Hairini , didn't even know there was a bus lane
stevo2,
Nov 13, 9:01pm
Yes, Buses only on that road. Has been like that for 2 years. Have been advertising this year that people flaunting the rules will be prosecuted from about August.
cjohnw,
Nov 13, 9:54pm
Pay the fine. Move on.
3tomany,
Nov 13, 10:10pm
I was driving in Auckland yesterday in my 9 seater van and i must say a saw the bus lane and wondered what the legal definition of a bus is? Would be fun to test it in court.
saxman99,
Nov 13, 10:19pm
The Road user rule states:
“ bus means a passenger service vehicle that has more than 9 seating positions (including the driver’s seating position)”
and
“ passenger service vehicle— (a) means a vehicle used or available for use in a passenger service for the carriage of passengers; but (b) does not include— (i) a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or (ii) a vehicle specified as an exempt passenger service vehicle in the regulations or the rules”
s_nz,
Nov 13, 11:09pm
Regarding the above. Need 10 or more seats, and to be registered as bus. Also need to used for passenger services.
"Bus lanes are specifically reserved for buses, or small omnibuses, used for passenger services. Buses are required to have 10 or more seats to qualify, and in terms of enforceability, these vehicles are also required to be registered as a bus.".
The supershuttle running shared airport transfer services definitely qualify, and (prior to covid-19) took advantage of their ability to lawfully use bus lanes. They are typically 12 seat hiaces towing a single axle trailer.
s_nz,
Nov 13, 11:18pm
Regarding Hairini, seems their is a bus lane their now:
I was quite surprised to see the photo of it, that cycle lane on the left was my route to school for many years.
In short, OP can contest the fine, and the Enforcement body will need to prove the charge beyond reasonable doubt. But they will do so with ease.
Typically the officers personal observation will be the primary evidence, and photographs of video will be produced as secondary evidence (although some enforcement is done by fixed camera's in Auckland now, so those would just be images / video evidence).
Unless an error has clearly been made (perhaps you were in a different city that day), there is little value in taking it to court. The court will most likely order you to pay the fine, and court costs on top of it.
curlcrown,
Nov 14, 9:51am
Not always, There was a case a few years ago in Auckland, on Grafton Bridge I believe. It was changed to a bus lane and a huge number of people were getting fines. One person challenged it in court saying the signage was inadequate. The court ruled it was, the sign could only be seen once the driver was already in the bus lane.
sw20,
Oct 24, 4:59pm
Yes my brother got off that one he challenged it with AT or whoever was in charge claiming inadequate signage as he lived on North Shore and didn’t frequent the city much.
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