'Watch out': Driver warns others after swerve claims on uneven busy Derbyshire road dismissed
Derby City Council has dismissed a motorist's claims of swerving into a bus lane to avoid road defects on Uttoxeter New Road.
Derby City Council says it does not consider swerving to avoid road defects to be a valid excuse for entering a bus lane after a driver said it happened to him.
A motorist, who does not wish to be named, says he was fined by the council on two occasions for entering the bus lane at Uttoxeter New Road opposite Bemrose School.
The driver claims that on both instances he avoided a dip in the road – but by doing so swerved into the nearby bus lane – before moving back into the carriageway.
The city council in response said it is aware of problems with the road surface but states it “does not consider minor road defects to be a valid excuse for entering the bus lane”.
The driver has told his story because he fears other drivers may have been fined in similar circumstances on the busy road near the city centre and wants to warn them of the consequences.
He says his fear is based on a video he recorded – seen by the Local Democracy Reporting Service (LDRS) – which he claims showed a “significant” number of drivers swerving around the defect.
He believes some drivers may have swerved too far and gone into the bus lane and subsequently got caught on camera.
He also claims he has done similar swerves before on the same road but not received a fine by the council. He says he has even recorded the times and dates he has driven on Uttoxeter New Road.
This story comes two weeks after it was reported the city council raised more than £1.8 million from bus lane fines in 2024.
The driver claims the damage to the road is severe enough that it could cause damage to a car but he said it was not a pothole. He believes it is unfair on drivers to get fined when the council is aware of an issue with the road’s condition – but he does accept he was aware that he entered a bus lane at the time of the offence.
He said: “I would not call it a pothole but it is a large dip in the road over a metre or two. I would suggest going over it once or twice might not do any damage to a vehicle but to drive over it every two or three days overtime, I think it could contribute to damaging my car.
“That dip has been there for many years – it should have been sorted. There’s proof that other drivers swerve to avoid it, it is not just me.
“I was shocked to get fined. If it was a compassionate, kind and understanding council I don’t think I would have got fined because I think they would see the reason why.”
The driver challenged the first Penalty Charge Notice (PCN) and after explaining the situation, he claims the fine was waived by the council. But the driver entered the bus lane in a similar manoeuvre just weeks later and received another fine. He says he told the council while challenging the first PCN he would ignore other fines at the same spot if he was to receive any.
The council says it is aware of the “surface issues” at Uttoxeter New Road and has made temporary repairs. But a full resurfacing scheme is to be carried out from next year.
A spokesperson for Derby City Council said: “We are aware of the surface issues on Uttoxeter New Road and have carried out temporary repairs. The road is earmarked for a larger resurfacing scheme in 2026/27.
“Should a driver use any road in Derby which causes damage to their vehicle because of a perceived defect, they can contact the council’s insurance team who will investigate. At present, we do not consider minor road defects to be a valid excuse for entering the bus lane.
“Should a defect make a road unsafe then we would close the section of road and enforcement would be suspended where necessary. Any driver using the bus lane currently is making a judgement which may lead to a Penalty Charge Notice. Should the recipient of a Penalty Charge Notice believe there are mitigating factors, they can appeal it via our website.”