The appellant went into the bus lane due to vehicles overtaking a stationary bus in the opposite side of the road. When the other vehicle overtook they would spill over into the general traffic lane of the appellants lane.
It is important to understand that in this case, it was necessary for the appellant to enter the bus lane in order to avoid colliding with those vehicles overtaking a stationary bus, on the opposite side of the road.
They used the bus lane for the necessary amount of time and re-joined their general traffic lane when it was safe to do so.
WHY WAS IT ALLOWED?
A vehicle entering or stopping in a bus lane to avoid an accident is almost always one of the exemptions of use.
The CCTV evidence was reviewed and the adjudicator agreed with the appellants reason and accepted the exemption.
Therefore the contravention is not proved.