Thousands of drivers fined over “confusing” Aberdeen traffic bans could be refunded and the entire system scrapped amid claims blundering council officials failed to complete the correct paperwork from the outset.
Aberdeen City Council rolled out a series of city centre traffic changes in the summer of 2023, banning motorists from Bridge Street, Market Street and Guild Street to free them up for buses.
Since then, more than 50,000 fines have been dished out to drivers breaching the road rules.
The system has been mired in controversy, with hard-hit businesses brought to their knees as drivers avoid the city centre.
But bombshell claims could, opponents argue, see the traffic changes finally axed – just weeks after a vote to make them permanent.
It is argued that the entire system was never legally competent from the get-go, as complex rules regarding Scottish Government consent were not followed.
And, as a result, any fines issued could be “void”.
What is the latest dispute about?
Aberdeen’s Conservative and Labour opposition politicians today called an emergency meeting to air their major concerns about the traffic system.
They had hoped to call on the Scottish Government to refuse permission for the changes, on the understanding that council officials had to apply for Holyrood to make the traffic changes permanent.
However, it is understood that this is where the latest potential snafu emerged.
Opposition sources indicate that baffled top brass advised them they had never submitted any application to the government in the first place.
Having scrutinised the legislation involved, there are now concerns that the entire system was “never valid”.
This comes just weeks after it emerged that officials had steered councillors incorrectly on other parts of the “experimental” system – meaning they had to reverse their own vote in a shambolic meeting just before Christmas.
What happened today?
Despite the snowy setting, the crisis summit at Aberdeen’s Town House got off to a heated start with Lord Provost David Cameron thumping a freshly acquired gavel in a futile attempt to maintain order.
He called an adjournment after mere minutes.
When the talks resumed an hour later, Mr Cameron swiftly announced they would be rescheduled “for a later date”.
Amid howls of protest, he exited the chamber.
‘The whole bus gate scheme is potentially invalid’
Conservative Rick Brooks led the calls for today’s ill-fated meeting.
He has now vowed to push for more information on the bus gates and “questions around compensation for unlawful fines”.
Mr Brooks said: “Todays’ aborted meeting shows the sorry state the council is in.
“The whole bus gate scheme is potentially invalid and questions around compensation for unlawful fines will follow.”
Mr Brooks said he “obtained informal legal advice” on the issue over the Christmas period.
In a formal request to the council, he had today planned to demand chief executive Angela Scott “write to the Cabinet Secretary for Transport, to withhold Scottish Government consent for the order, while we sort this fiasco out”.
Speaking afterwards, Labour leader M Tauqeer Malik added: “The truth is they have implemented bus gates without knowing the whole consequences of their actions.
“If they have not carried out the proper regulations, including obtaining government consent, the scheme may have been void from inception – meaning all fines will require to be refunded.”
So what exactly are the rules said to mean Aberdeen bus gates could be ‘invalid’?
The latest legal battlefield concerns the The Local Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 1999.
Essentially, it means that certain key documents need to be submitted to the Scottish Government before any new roads orders are rubber-stamped.
Could bus gates saga end up in court?
Former SNP co-leader of the council, Alex Nicoll, has left the group over the bus gates row – sensationally refusing to vote with his party during a crunch meeting in October.
The Kincorth, Nigg and Cove councillor hinted that legal action could be increasingly realistic.
He added: “A lot of these things are quite technical, and if you don’t dot the i’s and cross the t’s you could reach the stage where there is a judicial review of your decision.
“My understanding was that today’s meeting was adjourned because a number of things had been flagged and officers wanted to go and get additional legal advice outwith the council.
“These issues certainly do need addressed, we need to get to the bottom of this. We are going to have to get highly qualified legal opinion, maybe from a KC…
“If it’s correct that we haven’t done what we should have done, then there is definitely going to be a big problem.”
Shopkeeper Norman Esslemont has already told us he would be willing to lead such a campaign.
And he said others have told him they would gladly chip in to fund a legal fight to see the bus gates scrapped.
‘We need to go back to the drawing board’
As he left today’s talks, we asked what he would do were he still in charge of the group.
Mr Nicoll said: “I would be saying we need to go back and start this whole process again.
“I’m deeply concerned that the public can’t have confidence in the decisions that are made.
“It’s sometimes better to just say ‘hands up, we have got it wrong’.
“Draw a line under it, start again and listen to the public this time.”
‘Meeting wasted time when snow is causing weather chaos’
But the leaders of the SNP and Liberal Democrat ruling group fumed at their rivals “wasting everyone’s time” with the emergency summit.
They claimed the meeting was hastily cancelled because the “wording” of the opposition’s request to officials had “not been finalised”.
Lib Dem leader Ian Yuill, who had been facing calls to resign at the meeting, condemned those opponents who summoned councillors and top brass to the chamber.
He said: “This was a complete waste of everyone’s time, including the council’s chief executive and senior staff, who bluntly have more important things to be doing such as dealing with the harsh weather conditions in the city.
“Once again, opposition councillors have shown they are more concerned with trying to score political points rather than focusing on the future of our city.”
Do you fines should be refunded if the bus gates were invalid? Let us know in our comments section below
Mr Allard insisted: “The SNP and Liberal Democrats are delivering positive change for Aberdeen moving into 2025.”
It is not clear when the meeting will now take place, and the administration has not yet responded to the claims about the Aberdeen bus gates being invalid.
Aberdeen City Council said it “would not be appropriate to comment on the detail of the motion or ahead of councillors meeting to discuss it”.
Read more:
Council boss urged to quit top job – and take £15k PAY CUT – over Aberdeen bus gates ‘shambles’
Legal challenge ‘highly likely’ as Aberdeen councillors ‘abuse power’ with rushed bus gate vote
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