Appeal, Appeal, Appeal, You Can Only Win.

In the weeks leading up to Christmas and with a complete lack of interest from the UTG joint ranks committee, divers have taken it upon their selves to investigate the legality of the signage at the junction of Lower James Street and Brewer Street, where Westminster's Parking agents have set up a cash cow honey trap.


Our attention has been drawn to this apparent revenue raising scam by the @NoToMob, who have given their time to follower these $camcars from their depot in Orchardson Street. They then act quite within the law as a visual deterrent to stop drivers from committing an offence.


Eagle eyed bikers noticed that the actual signs at this junction appeared to be wrong. 
Now I am no legal expert but a quick look at the Chapter 3 of the Traffic Signs Manual  shows clearly Westminster have used the wrong signs (see diagram no1).
Just as we as motorists have to abide by parking and moving traffic regulations, the Councils have a duty of care to make sure their signage is correct and conforms to the Traffic Signs Manual.

No deviation can be made from the Traffic Signs Manual

In the same theme, Bikers and Drivers alike have applied to the council for copies of the Traffic Management Orders (TMO's) for this junction. This legal document gives councils the right to change the lay out of traffic flow, parking restriction and signage in an area. 
The council has since sent out a TMO dated 1938 which shows that the legal direction to leave Lower James Street is in fact straight over in to Sherwood Street. But the TMO had been amended by hand, not normal practice as a new updated order is necessary. The amendment omit the wording relating to Air Street and Sherwood Street by the diagram still shows a forward direction when leaving Lower James Street.


So letters were sent to Westminster  City Council asking them to explain what the legality of this document actually showed  


Thank you for the TMO/TRO’s received today. Click Here and Here.

Can you confirm that the document (Statutory Rules & Orders, 1938 No 684) relating to Golden Sq, dated 16 July 1938, is the most up-to-date covering the prescribed routes/banned turns and their signs for the exit via Lower James St into the connecting roads? The signs have certainly changed more recently than 1938, so I was wonder by what authority? Can you explain the hand-written notes, e.g. “Omitted by 2009/83” and “1973/20”? Are these orders modifying the original? May I have copies of the documents to which they refer?


Many thanks for your speedy response. I only asked as a recent reply regarding the correct direction to proceed the junction of Lwr James St/Brewer St/Sherwood St elicited the response from WCC’s Highways Support Advisor that “the road layout and traffic direction is a decision made by an unknown body or department”, which I found rather puzzling. There appears to be massive confusion over this junction, not only amongst motorists but also amongst cabbies, the police, and even WCC’s enforcers and Highways Management Dept. I quote the Highways Support Advisor’s letter:

“Looking at the road layout, signs and vehicles in the immediately vicinity I would say that once you reach the bottom of Lower James Street you can either head straight forward onto Sherwood Street or take a left onto Brewer Street. If you were not allowed down Sherwood Street there would be 'No Entry Signs' on either side of the road informing drivers.”

It seems that the document that you supplied provides the definitive answer, i.e. straight ahead into Sherwood St is the only legal route, unless it has been superseded, and this is at odds with the Highways Support Advisor’s view and that of the mobile enforcement crews. I think this misunderstanding needs to be cleared up as it appears that the mobile CCTV enforcers believe all traffic must turn left, whilst the TRO/TMO appears to show the only legal route to be ahead. Meanwhile, the junction has straight arrows pointing left to indicate God knows what; it is certainly not appropriate according to Ch3 of the TSM. The result appears to be scamera cars fining drivers for making the only legal manoeuvre and ignoring illegal ones, then issuing an unenforceable fine for doing the right thing!! Could we all have some clarity on this madness?


Westminsters Reply...


As requested, I attach copies of Orders which amended the 1938 Order. 1973/20 omits the wording relating to Air Street, and 2009/83 omits the wording for Sherwood Street. Unusually, parts of the 1938 Order remain in force and I confirm that this is the case for the item relating to Lower James Street.

As your later e-mail suggests, the current situation at this junction is causing a lot of confusion – and my colleagues and I are trying to ascertain the reasons behind what appears to be a recent change to traffic measures at this location. (I think we know the answer to that one! Loadsamoney for NSL and the Parking Dept)

Please be assured that I will get back to you as soon as I can explain the current situation.

Regards


Amanda


Amanda Jones
West One | Westminster City Hall, 64 Victoria Street


 NOTOMOB  REPLY

Thank you for your assistance. I think it might be wise to alert NSL and the Parking Services Department to the problem and advise them that, in view of the uncertainty, that mobile CCTV enforcement be suspended at this location until the issue is resolved.


END


So now we have a honey trap shown to be legally uncertain, just before Christmas we had a Minicab take Westminster to the High court over Boarding time. Hundreds of Taxi drivers have been penalized under these two issues, but what have the joint Ranks committee done about it...NOTHING


And still no sign of STaN in either the Taxi or the Bage, why have they buried it ?
If you belong to the LTDA, LCDC or Unite why not email, write or phone and find out just what they do for the money you pay them.


With kind permission of Brucea and the @NoToMob.