OXFORD’s long-running row over the legality of its bus gate may become a test case for the rest of the country.

Oxfordshire County Council has been told by the traffic Penalty Tribunal that it has incorrectly been fining motorists for driving through a section of the High Street.

The county has taken the case to the High Court for a judicial review and yesterday a judge said it may affect similar schemes across the country.

Agreeing to hold a one-day judicial review, Mr Justice Blake also said the Department of Transport should be served the relevant papers on the case because it was an interested party.

The case hinges on how the county set up the bus gate in the High Street.

The tribunal, which deals with drivers’ appeals against tickets, said the county put in a valid prohibition from the area for vehicles.

But it says the county is then wrong in its tickets for drivers because it accuses them of entering a bus lane when it is not actually a bus lane.

Mr Justice Blake added: “One of the issues is to what extent Oxfordshire County Council is reliant on Department for Transport guidance.

“I accept that this is a case where a great many fixed penalty notices may be affected in Oxfordshire and elsewhere, so there is a particular public interest in the prompt determination of this case.

“This is a case that ought to be given appropriate priority since it has potentially wide implications.”

He said the case should be heard within the next four weeks.

The council’s barrister Timothy Straker said: “The interest in this matter goes well beyond Oxford.

“The Department for Transport is certainly allied to the proceedings.”

County council spokesman Paul Smith welcomed the court ruling last night.

He said: “The county council will continue to pursue what it believes is a strong case.”

Ian Rogers, acting for the Traffic Penalty Tribunal, said: “It is common ground that Oxfordshire County Council did not use any of the signs that are commonly used to describe a bus lane.”

Oxford High Street Association has suggested that the bus gate should be moved.

Spokesman Graham Jones said: “It seems sensible to have a review because there should not be a feeling of uncertainty about an important part of Oxford’s traffic system. If there is an element of doubt, then drivers might be tempted to abuse the situation.”