Delegated Report Cabinet Member: Cabinet Member for Environmental Sustainability and Regeneration Date: 5 th June 2013 Wards: Various Subject: Experimental Introduction of solo motorcyclists within Bus Lanes Lead officer: Chris Lee Lead member: Andrew Judge the Cabinet Member for Environmental Sustainability and Regeneration Forward Plan reference number: N/A Contact officer: Pip Howson and Mitra Dubet 020 8545 3201 Email: mitra.dubet@merton.gov.uk Recommendations: That the Cabinet Member for Environmental Sustainability and Regeneration agrees for officers to proceed with the Experimental Traffic Management Orders (TMOs) to allow solo motorcycles in bus lanes on borough roads. 1 PURPOSE OF REPORT AND EXECUTIVE SUMMARY 1.1 This report recommends that consideration be given to allow solo motorcycles to enter and ride within Merton s bus lanes on an experimental basis by amending the existing Traffic Management Orders. 1.2 It asks the Cabinet Member to note the current practice, the policy context and the proposed option for consideration. 1.3 It recommends that the Cabinet Member for Environmental Sustainability and Regeneration agrees to proceed with the making of the Experimental Traffic Management Orders (TMOs) to allow solo motorcycles in bus lanes. 2 DETAILS 2.1 Following the successful completion of two trials of allowing solo-motorcyclists within a selected number of bus lanes on TLRN (Red Routes), the Mayor of London has given permanent access to motorcycles in bus lanes on the majority of the Capital's Red Routes since 23 January 2012. 2.2 Transport for London (TfL s) ran a trial on the Transport for London Roads Network (TLRN) roads since early 2003. This includes the A41 Finchley Road between Hendon Way and Queens Grove the A23 Streatham High Road Brixton Road between Camberwell New Road and Streatham Common South and the A13 East India Dock Road between Butchers Row and Abbot Road. 2.3 The British Motorcycle Federation have documented a number of examples: Motorcycle access to bus lanes has been a normal feature in many European cities for several years. i.e. cities in Italy and Spain, especially Barcelona, and Stockholm in Sweden. Bristol has operated a permanent motorcycle access since 1996.
Reading 's motorcycle access scheme was made permanent in 1999. Motorcycle access to bus lanes has been made permanent in Birmingham, Colchester, Bath and Hull. Motorcycles have had access to the non-car lane in Moorgate in the City of London for some considerable time. The Royal Borough of Kingston-upon-Thames has permitted access on Kingston Road/Cambridge Road since March 2003. The London Borough of Richmond-upon-Thames installed bus lanes in London Road in Twickenham and Eton Rise/Paradise Road in Richmond in June 2004 with CCTV monitoring and the collection of accident data. Westminster City Council began conducting trials in 2006 on 8 bus lanes where motorcycles have been permitted access with no apparent problems to date. All bus lanes in Northern Ireland have had Powered Two Wheeler (PTW) access since early 2004 with no adverse reports as a result. After 23 months of monitoring, the Highways Agency allowed access of motorcycles to the M4 bus lane in July, 2002 on the basis of improving safety; although the bus lane has since been removed. 2.4 One of the consequences of TfL allowing solo motorcyclists to use the TLRN bus lanes is the confusion caused amongst motorcyclists when travelling within Merton with some incurring penalties for entering a bus lane that is not exempt. This has lead to a number of complaints and requests that the Council should follow TfL s lead and make the appropriate changes to its bus lanes so as to allow solo-motorcyclists to utilise local bus lanes. 2.4.1 Merton Council has received a number of FOIs asking when and how Merton will address motorcyclists in bus lanes. 2.5 Internal consultation involving officers from Future Merton, Traffic and Highways and Parking Services concluded in a mutual consensus that the Council should consider the proposal as set out within this report. 2.6 Neighbouring boroughs have been informally consulted on their current position on this issue: Kingston - already allow motorcycles in sections of bus lanes on borough roads and are rolling the programme out as they carry out their bus lane review programme Wandsworth Are likely to roll out on to borough roads this summer. Sutton - Sutton does not have many bus lanes on borough roads nevertheless they will consider rolling out a programme Croydon and Lambeth - Are likely to roll out on to borough roads but no programme has been identified 3. RECOMMENDATION 3.1 In light of the information from Transport for London set out in the background section of this report, officers have been considering how Merton could proceed with allowing motorcyclists into bus lanes.
3.2 It is recommended that solo-motorcyclists be permitted to enter Merton s bus lanes on an experimental basis by making an Order under Section 9 of the Highways Act 1984, which allows for an exemption for solo-motorcycles to be in bus lanes. It is acknowledged that there are a number of uncertainties that may arise from the proposal, most notably issues of safety, which will require further investigation. By introducing the proposals on an experimental basis will allow sufficient time to effectively monitor the situation before making a final decision to either make the Order permanent or to rescind the experimental Order. 3.3 Locations Merton as the Highway & Traffic Authority has the responsibility for 18 bus lanes on the following roads: London Road, Mitcham (north of Lavender Avenue) London Road, Mitcham (south of Victoria Road) London Road, Mitcham (south of Bond Road) London Road, Mitcham (south of Cricket Green) London Road, Mitcham (north of Armfield Crescent) London Road, Mitcham (south of Raleigh Gardens) Hartfield Road, Wimbledon The Broadway, Wimbledon Commonside West, Mitcham Upper Green East, Mitcham Raleigh Gardens, Mitcham Holborn Way, Mitcham Merton High Street, SW19- excluded due to the banned movement at the junction Worple Road, Wimbledon excluded due to the banned movement at the junction Pepys Road, SW20 Morden Road, Morden Durnsford Road, SW19 Wimbledon Hill Road, Wimbledon 3.4 It is proposed that solo-motorcyclists be permitted within all the above bus lanes except for Merton High Street and Worple Road due to the banned movements at the signalised junction. At these locations only buses are permitted to turn right. 3.5 The use of bus lanes by solo-motorcycles will be monitored via CCTV (which provides 24/7 enforcement); incident reports and liaison with statutory authorities and key stake holders. Road safety 3.6 The perception of conflict between motorcyclists and cyclists is likely to be one area of concern. It is, however, believed that cyclists who are permitted to use the bus lane tend to ride adjacent to the near side kerb where as motorcyclists tend to ride on the outside of the lane. This means that effectively, the two
different users are unlikely to occupy the same section of the road space / bus lane. 3.7 In recent years the increase of powered two wheeler (PTW) casualties in London has had a significant impact on Merton s accident records, with the annual average of 18.1 % of casualties involving powered two wheelers (PTW). 3.8 Increasing the road space available to PTW has been identified as a possible mitigation where the modal conflict has been a contributory factor in PTW casualties. 3.9 The rules for driver/rider behaviour set out in the Highway Code apply in a bus lane including no undertaking. 3.10 The issue of confusion impacting on road safety is particularly important. The confusion is connected to having two differing rules applying to the same type of road space simply because it is managed by a different Highway Authority. One example in Merton is Morden Road bus lane in that from a road user perspective it is not obvious that the bus lane connecting Morden Town Centre to South Wimbledon underground station changes highway authority at Merantun Way. Once the road user becomes aware, they will be forced back onto the main carriage way at a particularly busy junction. If, however, they are unaware and remain within the bus lane beyond Merton s Highway Authority boundary, they would be subject to a Penalty Charge Notice. If awareness becomes apparent once passing through the highway authority boundary they are more likely to be subject to erratic driver behaviour which may road safety implication. Additionally, this confusion has lead to a number of complaints being received by officers. 4. CONSULTATION 4.1 The proposed Experimental Order can be made under the Road Traffic Regulation Act 1984, Section 9; and on this occasion can operate without having to take any action regarding the existing TMOs. In the event that a decision is made to retain the proposal in the future, the Experimental Order will be made permanent and all existing Orders will be revoked. An experimental scheme may be introduced after the experimental Order has been made and at least one week after a statutory notice of making has been published The experimental Order may remain in force for up to18 months (subject to an extension being granted by the Secretary of State) An experimental scheme may be continued as a permanent scheme only if the Council makes a permanent Order before the end of the 18 month period (subject to an extension being granted by the Secretary of State) Members of the public and other representative bodies may object to the scheme before the permanent Order is made, and the objection period is the first 6 months starting from the date when the experimental Order comes into force
The Council may modify the experimental scheme within the first twelve months of the experiment, but in that case the 6 month objection period will start afresh from the date of the modification 4.2 If agreed, the consultation will be carried out in line with the minimum standard of statutory consultation as set out in section 8 of this report. 4.3 The Council will also consult and liaise with all statutory consultees including the British Motorcycle Federation; bus operators; TfL s Road safety team; Merton Cycle Campaign and Living Streets 4.4 A report detailing the outcome of the consultation, all representations and reviews will be forwarded to the Cabinet Member for a final decision. 5. ALTERNATIVE OPTIONS 5.1 The alternative option would be to review each bus lane as part of the normal review procedure. However, the Council does not have a review programme nor the funding necessary for such a review. This would be a very long drawn out process that would result in mixed traffic behaviour message throughout Merton which could present a risk to road safety. Additionally, this would not be a cost effective option as the costs of staff and advertisement of the proposal for all the bus lanes simultaneously would be similar to doing the same process for just one bus lane. 5.2 Do nothing. This will do nothing to address the complaints and demands currently received by motorcyclist. It will do nothing to remove the confusion or provide a safe road space for motorcyclists. 6. TIMETABLE 6.1 The process will take 18 months from the start date of the Experimental Order. All representations will be compiled no later than the first 9 months with a report to the Cabinet Member within 12 months for a decision. 6.2 The Council has been successful in obtaining funding from TfL to carryout the proposal. The funding is only available until March 2014. It is, therefore, essential that the appropriate provisions are put in place to allow sufficient time for the appropriate level of review to be carried out using the available funds. Additional funding is likely to be required if this project is not completed by March 2014 6.3 If agreed the changes to the bus lane and the consultation can start in June / July 2013. 7. FINANCIAL, RESOURCE AND PROPERTY IMPLICATIONS 7.1 The costs incurred on this programme will be met by the allocated 25k TfL LIP2 funding for 2013/14. This will cover the following costs new bus lane traffic signs / stickers on existing signs. Cost of Experimental TMO -including street Notices and advertising in the local papers.
My Merton Other press releases Independent Road Safety Audits Road safety awareness campaign- via Merton s website; focus groups; external liaison meetings etc. 8. LEGAL AND STATUTORY IMPLICATIONS 8.1 The Experimental Order would be introduced under Section 9 of the Road Traffic Regulation Act 1984, and the Order making process would be carried out using the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (S.I. 1996/No. 2489) 8.2 Regulation 7 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 states 7. (1) An order making authority shall, before making an order, (a) publish at least once a notice (in these Regulations called a notice of proposals ) containing the particulars specified in Parts I and II of Schedule 1 in a newspaper circulating in the area in which any road or other place to which the order relates is situated; (b) in the case of an order under section 6 of the 1984 Act, publish a similar notice in the London Gazette; 8.4 The above are a given, please note Para I (ii) and (iii) below. The Council will take such other steps as it may consider appropriate for ensuring that adequate publicity about the order is given to persons likely to be affected by its provisions and, without prejudice to the generality of this subparagraph, such other steps may include (i) in the case of an order to which sub-paragraph (b) does not apply, publication of a notice in the London Gazette; (ii) the display of notices in roads or other places affected by the order; or (iii) the delivery of notices or letters to premises, or premises occupied by persons, appearing to the authority to be likely to be affected by any provision in the order. 8.5 A Notice of Proposal will to be published in a local newspaper and the London Gazette. A copy of the Notice is normally advertised on lamp columns in the affected area where it is practicable to do so. To minimise costs at a minimum, consideration would be given to erect 2 Notices per normal length road and several on longer roads such as London Rd etc. This will have to be carried out twice (during consultation and after consultation). Due to the high number of premises fronting bus lanes, delivering letters to all frontages can be argued as unreasonable and cost prohibitive and it would be reasonable not to carry out a newsletter drop but to: Advertise in the newspapers Inform ward members of the wards affected Erect Notices in local libraries Advertise the Council s intentions on its website
Erecting Street Notices within each bus lane Press release (subject to funding) for: My Merton (subject to publication date) MCN British Motorcycle Federation 8.6 The Traffic Signs (Amendment No. 2) Regulations and General Directions 2011 which came into force on 30th January 2012 facilitates solo motorcycles in bus lanes. Previously DfT sign approval and site authorisation would have been required. 8.7 Statement of Reason To allow solo motor cyclists access to identified bus lanes in the borough is supported on grounds of road safety by Merton s Local Development Framework transport policy CS20 and Merton s Local Implementation Plan (LIP2). It will also assist in alleviating confusion that is currently caused by the various exemptions within bus lanes. 9. HUMAN RIGHTS, EQUALITIES AND COMMUNITY COHESION IMPLICATIONS 9.1 The proposal to allow access to road space that currently cannot be accessed by solo-motorcyclist will ensure that motorcyclists can use bus lanes safely without incurring a penalty charge notice through the current CCTV enforcement. 9.2 Improvements in road safety have benefits to all the community particularly the more vulnerable road users such as motorcyclists. 10. RISK MANAGEMENT AND HEALTH AND SAFETY IMPLICATIONS 10.1 By introducing motorcyclists to bus lanes under an Experimental Traffic Management Order will allow officers to monitor the impact and offer mitigation before a permanent decision is made. 10.2 The risk of introducing the proposal could lead to dissatisfaction from other road users, particularly cyclists. The conflict between the 2 road users is believed to be minimum, if any, and this will be assessed and monitored during the consultation period. 11 BACKGROUND PAPERS 11.1 Transport for London (TfL) reports the facts related to the trail accessed through the weblink below. http://www.tfl.gov.uk/roadusers/redroutes/10151.aspx