Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of a signThe official national descriptor for code 38, as published in the Department for Transport statutory guidance list.
The letter after the number on your ticket
Codes are often written with a suffix: 38j rather than just 38. The letter narrows the allegation, and it tells you what the council actually says went wrong. These are the suffixes code 38 can carry:
| j | camera enforcement |
What the council has to be able to show
An appeal is not an apology, it is a challenge to the council’s case. For code 38 that case rests on:
- A prescribed keep left or keep right sign, correctly sited and, where required, lit.
- That the vehicle passed on the prohibited side.
Where code 38 tickets go wrong
These get hit by vehicles regularly and a bollard that is flattened, missing or dark at night cannot instruct anyone.
A broken-down vehicle, works or a cyclist can leave no lawful line. Explain it and ask for the whole clip.
Layout changes produce clusters of these. Ask when the island went in and whether a warning period ran.
A recognised compelling reason.
What to gather before you write
- A photograph of the sign as it stands now, and any record of it being damaged.
- The complete video.
Code 38 questions, answered
The bollard had been knocked down. Where does that leave me?
In a good position, if you can show it. A keep left or keep right sign that is flattened, missing or unlit at night is not conveying anything to a driver. Photograph the site as soon as you can, and ask the council when that bollard was last inspected and when it was repaired. Damage records are disclosable and they often confirm the timeline.
What does contravention code 38 mean?
Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of a sign. In plain terms: The blue circle with a white arrow, on a traffic island or a build-out. Passing the wrong side of it is a contravention in its own right, and it is usually caught where an island has been added to an existing road.
How much is a code 38 penalty?
Code 38 is a moving traffic or bus lane contravention, so it is not banded higher and lower the way parking codes are. In London the charge is £160 across the board. Outside London it is set at the higher level, commonly around £70. Half is normally taken off for early payment, and because these notices are usually issued from a camera rather than by an officer at the roadside, that discount period is often 21 days rather than 14. Your notice states the actual figures and the actual deadline, and it is the notice that governs.
Your notice is definitive. This page explains the national code. Councils use extra codes and local suffixes, and the wording printed on your own notice always takes precedence. Check the deadline on the notice before you do anything else, because the discount usually runs out after 14 days.
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