ISSUES WITH CURRENT BUS LANE REGULATIONS
The tension surrounding bus lane infringements has been building for quite some time now. Recently, there has been much controversy over ambiguous bus lane rules which have led to the alleged unfair issuing of fines and infringement notices. Widely shared complaints against unfair bus lane regulations attempt to highlight oversight by the Auckland City Council in four key areas: 1) in terms of inadequate signage and promotion of bus lane rules; 2) unclear and confusing rules such as the ’50-metre’ proviso; 3) road safety influenced by the positioning of bus lanes; and 4) the weight of potential allegations concerning revenue gouging through fines.
1. There would be no dispute against punishing drivers for illegal bus lane use if they had done so consciously and without regard for bus priority measures, however, in most cases, people are simply unaware of when these measures are in force or even ignorant of bus lane rules altogether. This immediately raises questions about the Council’s lack of signage and promotion of bus lane measures. Bus lanes have been around since the late 1990s but they have only just started to become more prominent in response the Council’s greater emphasis on public transport.[1] Thus it cannot and should not be assumed that motorists are immediately familiar with bus lanes and bus lane regulations.
2. The Auckland City Council stat that, “if you are making a left turn into a driveway or a side street, you can use the [bus] lane for up to 50 metres to make your turn.”[2] This rule in particular has upset most people. The main argument is that, for most people, it is much too difficult to determine the 50 metre distance with the naked eye. As such, many people allege to have been unfairly fined because, in most cases, they have made a genuine effort to obey the rule only to find that the distance they thought to have been acceptable was actually a few metres over the 50 metre allowance.
3. The 50 metre rule also raises questions of road safety. When bus lanes are filled with buses beyond the 50 metre mark (approximately 3 buses) at an intersection, a number of motorists wishing to turn left are faced with one of two options: first, is to inconveniently miss or forfeit the turn; and second, is to make an attempt at cutting into the left lane (within the 50 metre distance) often at the last minute.[3] This problem is complicated further by heavy pedestrian crossing volumes. For many drivers, this second option would be most appealing; however this puts other innocent users of the road at risk also. This is yet another problem posed by bus lane enforcement.
4. As more and more motorists are served with bus lane infringement fines due to misunderstanding and lack of knowledge, more people begin to lean towards the idea that bus lane enforcement is simply a revenue raising exercise by local councils. In fact, 41,169 infringement notices worth $6.2 million were issued in the year to June 2010, which is an amount that has steadily increased since 2007. Additionally, (then) Mayor John Banks has even been accused of revenue gouging as it has been revealed that it in 2009 it was his plan to raise $12 through bus lane and parking fines in order to hold down rates.[4] This view of the Auckland City Council may damage their credibility in the eyes of the public and lead to a sentiment of resent among constituents.
[1] Public transport has become more valued and thus more encouraged by the Council, in response to infrastructure developments and a greater emphasis on environmental protection. Public transport aims to be better for the environment because it limits carbon emissions from excessive motor-vehicle volumes.
[2] Auckland City Council. “Buses.” http://www.aucklandcity.govt.nz/auckland/transport/buses/lanes.asp (accessed August 5, 2010)
[3] Brian Rudman. “A simple green message – this lane is for buses only.” The New Zealand Herald. July, 30, 2010.
[4] Mathew Dearnaley. “ARC Boss Attacks Bus Lane ‘Gouging.’ The New Zealand Herald, August 9, 2010.