Fight Unfair Bus Camera Tickets: Know Your Rights

If you've received a bus camera ticket, you might be wondering if it's worth contesting it in court. While it's important to understand the specific circumstances and regulations that apply to your situation, here's an overview of the topic to help you make an informed decision.

Bus camera tickets are typically issued when a camera captures a vehicle passing a school bus that is stopped with its sign extended. These tickets can be expensive, often ranging from $250 to $300. While it may be tempting to simply pay the fine and move on, it's worth considering your options for disputing the ticket.

One key factor to consider is whether the violation is considered a moving traffic violation or a non-moving violation. In some cases, bus camera tickets are classified as non-moving violations, which means they will not be reported to insurance companies and will not directly impact your insurance rates. This can be a significant factor in deciding whether to contest the ticket.

Another important consideration is the strength of your defence. Review the evidence, such as photos or videos provided, and assess if there are any valid reasons why you should not be held responsible for the violation. For example, you may argue that you were not the driver of the vehicle or that there were extenuating circumstances, such as a cyclist signalling a turn or a confusing road layout. However, keep in mind that defences like being unaware of the bus or not recalling the event may not hold up in court.

Additionally, it's worth consulting with a lawyer who specialises in traffic offences. They can advise you on the specific laws and procedures in your jurisdiction and help you navigate the process of contesting the ticket. They may also be able to identify potential issues with the process by which the ticket was issued or challenges to the admissibility of the camera evidence.

Ultimately, the decision to contest a bus camera ticket depends on various factors, including the financial impact, the strength of your defence, and the likelihood of success in court. Carefully weigh your options and seek legal advice before making a decision.

Check if you were the driver

If you want to check if you were the driver of a vehicle, you can request information from the Driver and Vehicle Licensing Agency (DVLA). To do this, you will need the vehicle's registration number (number plate). However, the DVLA does not readily hand out this information. To obtain it, you may need to demonstrate a “just cause". For example, if you are a parking charge company looking to find the registered keeper to send them a fine, that would likely be considered a "just cause".

If you want to find out the current registered keeper's name and address, you will need to fill out form V888 from the DVLA and provide a valid reason for your request. However, it is unlikely that the DVLA will provide this information if, for example, you are concerned about a car parked outside your house. In such cases, it is recommended to contact the DVLA or the local council directly, rather than attempting to investigate yourself.

It is important to note that it is unlawful in the UK to disclose the registered keeper's details without their permission, unless there is a just cause. While a vehicle check service can provide some information, such as the number of registered keepers and the dates they owned the vehicle, it will not disclose specific, personally-identifiable information about previous owners/keepers.

Review the photos

If you've received a bus camera ticket, you may be able to contest it. However, it's important to first review the photos and other evidence provided to understand your options. Here are some steps to help you through the process:

• Obtain the evidence package: The company that issued the ticket, such as BusPatrol, should provide access to a secure web portal where you can view the photos and video footage of the alleged violation. They may also provide GPS telemetry data and other relevant information.
• Analyze the images: Review the photos and videos carefully. Look for details such as the location, time, and date of the incident. Pay attention to the position of your vehicle relative to the bus and any visible signals or signs. Note any extenuating circumstances, such as a cyclist signalling a turn or a busy intersection, that may have impacted your ability to see or react to the bus's signals.
• Compare with applicable laws: Familiarize yourself with the specific laws or regulations regarding school bus stopping procedures in your state or region. Compare the images and footage with the legal requirements to identify any discrepancies or mitigating factors. For example, you may want to check if there are rules about where a bus can stop relative to an intersection.
• Assess the clarity of the images: Consider the quality and angle of the photos. Are the important details clearly visible? Are there any obstructions or blurriness that might impact the interpretation of the evidence?
• Note the timing: If possible, note the timing between the bus's signals and your vehicle's position. For example, you may want to calculate the time between the bus's lights turning red and your vehicle passing the bus.

Understand the Implications:

• Determine the type of violation: In some cases, a bus camera ticket may be considered a civil penalty rather than a criminal or moving traffic violation. This means it may not go on your driving record or affect your insurance rates directly. However, there may still be significant financial implications.
• Weigh the costs: Consider the amount of the fine and the potential impact on your driving record and insurance rates, if applicable. Also, factor in the time and resources you would need to invest in contesting the ticket.
• Explore your defence options: Based on the evidence and applicable laws, assess whether you have a valid defence. For example, you may be able to argue that you were not the driver or that there were extenuating circumstances that made it unsafe to stop. However, a lack of recollection or simply not seeing the bus may not be considered strong defences.

Remember, the review process is an important first step in understanding your options for contesting a bus camera ticket. It is always advisable to seek legal advice from a qualified attorney who can guide you through the specific laws and procedures in your area.

Plead not guilty

If you receive a bus camera ticket, you have the right to dispute it by pleading not guilty. Pleading not guilty can be a useful strategy if you believe you have a valid defense or if you want to avoid the full penalty. Here are some steps and considerations to keep in mind when pleading not guilty:

• Review the Evidence: Examine any photographs, videos, or other evidence provided by the authorities. Look for potential issues or discrepancies that could support your case. For example, check if you were passing the bus, determine if there were any extenuating circumstances, or identify any problems with the officer's report or the ticket issuance process.
• Understand the Law and Possible Defenses: Familiarize yourself with the specific bus lane rules and regulations in your area. Research possible defenses that may apply to your situation. For instance, you may be able to argue that road conditions prevented you from making a right turn, that you were complying with law enforcement instructions, or that you had a medical emergency that necessitated stopping in the bus lane.
• Seek Legal Advice: Consult with a lawyer or traffic attorney who can guide you through the process and evaluate the strengths and weaknesses of your case. They can also help you navigate the court system and present your defense effectively.
• Prepare Your Case: Gather any evidence or witnesses that can support your claim. Develop a clear and concise argument explaining why you believe the ticket should be dismissed or reduced. Be prepared to present your case before a judge during a contested hearing.
• Know the Potential Outcomes: Pleading not guilty may result in different outcomes. The judge may dismiss the ticket entirely, reduce the fine, or uphold the original penalty. Be aware that if you are found guilty, there may be additional consequences or fees.
• Act Within the Specified Timeframe: Make sure to respond to the ticket and initiate the dispute process within the allowed timeframe. In many cases, you have a limited number of days to contest the ticket before it progresses further.

Remember that the specifics of your case and local laws will play a significant role in the outcome. While pleading not guilty can be a viable option, carefully consider your situation and seek legal advice to make an informed decision.

Challenge the admissibility of the photo

Contesting a bus camera ticket can be a tricky process, and the outcome may depend on the specific circumstances of the violation and the laws of your state or county. Here are some steps and strategies to help you challenge the admissibility of the photo evidence:

Review the Photo Evidence:

Request a copy of the photo or video evidence that was used to issue the ticket. Review the footage carefully to identify any potential issues with clarity, such as blurry license plates or unclear images of the driver. This could be a basis for challenging the admissibility of the evidence.

Identify Legal Arguments:

Research the applicable laws and court precedents in your area regarding bus camera tickets. In some jurisdictions, red light camera photos may be considered hearsay and might not be admissible as evidence. Additionally, you have the constitutional right to confront witnesses, and if no one from the company that maintains the camera appears in court to authenticate the photos, you can object to their use.

Challenge the Authenticity:

To rely on photo evidence, the prosecution must establish that the camera, the system connecting it to the bus, and the bus's stop arm were all functioning properly. If they cannot provide sufficient evidence of proper maintenance and calibration, you can challenge the authenticity and reliability of the photos.

Dispute the Lack of Evidence:

Even if the photos are clear and admissible, the prosecution must prove that you were the one driving the vehicle. If the images do not clearly show the driver, you can argue that they cannot prove it was you behind the wheel. Additionally, the photos alone do not prove that the bus was loading or unloading passengers, which may be required by state law to establish a violation.

Consult an Attorney:

While it is not always necessary to hire an attorney, consulting with one can help you understand your rights and the specific laws in your area. They can also advise you on the potential outcomes of challenging a bus camera ticket and guide you through the legal process.

Remember, the effectiveness of these strategies may vary depending on your location and the specific circumstances of your case. It is essential to carefully review the evidence and seek legal advice if you decide to contest the ticket.

Attack the lack of evidence

If you've received a bus camera ticket, it is worth investigating whether you have grounds to contest it. Here are some ways to attack the lack of evidence:

Firstly, check the video or photographic evidence provided with the ticket. If you were on the opposite side of a multi-lane road, it is possible that you simply didn't notice the bus due to your focus on the direction ahead. This could be a valid argument for contesting the ticket, as it demonstrates that you were not intentionally disregarding the bus's right of way.

Secondly, determine whether there were any issues with the process by which the ticket was issued. There may be discrepancies in the officer's report that you can use to challenge the validity of the ticket. For example, in some jurisdictions, there may be due process issues with issuing a ticket to the registered owner of the vehicle rather than the individual who was driving. Consult a lawyer to understand the specific rules and interpretations in your area.

Thirdly, examine the bus lane laws in your city. In some places, vehicles are generally allowed to enter a bus lane briefly to make a turn at an intersection or to access a driveway within a certain distance. If you were performing one of these permitted actions, you may be able to dispute the ticket.

Finally, consider the quality of the evidence presented. Are the photos or videos clear and conclusive? Is your vehicle clearly identifiable? If the evidence is inconclusive, you may have grounds to challenge the ticket on the basis of insufficient proof.

Remember, the specifics of your case and local laws will play a significant role in determining the outcome. Consult a lawyer who specializes in traffic offenses to explore your options and increase your chances of a successful dispute.

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