it is, in my judgment, appropriate to grant the interim declaration sought by Mr Chamberlain subject to the additional wording by way of clarification requested by Ms Demetriou QC and agreed by Mr Chamberlain viz.
“The indemnity given in respect of fines and other liabilities incurred as a result of contravention of legislation governing the use of bus lanes in the Addison Lee Driver Notice of 14 April 2012 (and repeated subsequently) is void and unenforceable as respects contraventions of that legislation occurring after 14 April 2012.
However, any decision of the Defendants, taken in a particular case after a fine has been imposed or other liability incurred for contravention of the legislation governing the use of bus lanes, to discharge, or reimburse any person in respect of such a fine or liability, would be lawful.”
...
This was subsequently confirmed in the undertaking proffered by Ms Demetriou QC on behalf of the defendants being in the following terms: “The Respondents will not communicate to any person, in advance of a fine or liability being incurred by such person for contravention of legislation governing the use of bus lanes on or after 25 April 2012, that they will discharge or reimburse such fine or liability whether pursuant to the indemnity contained in the Addison Lee Driver Notice of 14 April 2012 or otherwise.”
The court's decision is really then that they should not, in advance of an offence, offer to indemnify them against this offence. Should they wish to pay fines relating to an offence, they are allowed to do so.
Addison Lee are not legally allowed to use bus lanes and would incur fines relating to this should they enter them for a reason other than pre-arranged pick-up or a set-down of a passenger. This has not changed.
The court did not go into detail of the judicial review relating to allowing PHVs to use bus lanes but it has recommended that this be expedited to reach a decision before the Olympics.
The court's decision is now at http://ipayroadtax.com/no-such-thing-as-road-tax/how-could-addison-lee-repair-the-relationship-with-cyclists/
From this:
The court's decision is really then that they should not, in advance of an offence, offer to indemnify them against this offence. Should they wish to pay fines relating to an offence, they are allowed to do so.
Addison Lee are not legally allowed to use bus lanes and would incur fines relating to this should they enter them for a reason other than pre-arranged pick-up or a set-down of a passenger. This has not changed.
The court did not go into detail of the judicial review relating to allowing PHVs to use bus lanes but it has recommended that this be expedited to reach a decision before the Olympics.