Drivers warned of change to ‘yellow box junction’ rules in England

Drivers are being warned of a change to ‘yellow box junction’ rules. Getting stuck in a yellow box junction is something most drivers know to avoid, yet research consistently shows a majority of motorists are concerned about getting trapped in the box through no fault of their own. Yellow box junctions were created to prevent congestion and keep traffic flowing safely, reports The Mirror.

In 2020, Transport for London (TfL) issued 76,977 fines for ‘yellow box junction’ incidents despite the country being mid-pandemic. Now other councils in England will soon be able to dish out fees for ‘misusing’ a yellow box. The Government will give councils that apply for powers the right to issue penalty charge notices from June 1.

:Drink driver arrested after police catch him using mobile phone at the wheel in Coventry But the RAC is warning that the new system could cause ‘confusion’. RAC head of roads policy Nicholas Lyes said: “In the absence of definitive guidance on the design, maintenance and enforcement of box junctions, there will be a high degree of confusion among drivers and local authorities.

“It could lead to an avalanche of penalty charge notices being wrongly issued and then having to be appealed. This will inevitably lead to an unnecessarily high number of appeals for local authorities to review, as well as some poor outcomes for drivers. “We have written to the Department for Transport asking them to update the guidance to make it clear to local authorities what the minimum standard for design and condition of a box junction should be before letting enforcement begin.

However, they are adamant the present guidance is sufficient.” Motorists are not allowed to stop in them and those caught (usually through traffic cameras) can already be fined in some areas. Rules can be found in the Highway Code Rule 174.

It states: “You must not enter the box until your exit road or lane is clear. However, you may enter the box and wait when you want to turn right, and are only stopped from doing so by oncoming traffic, or by other vehicles waiting to turn right. At signalled roundabouts, you must not enter the box unless you can cross over it completely without stopping.”

It might seem straightforward, but in practice, motorists can encounter several problems that could leave them trapped in the box. For example, temporary roadworks/lights, random large vehicles in the way, stationary cars and errant pedestrians can all lead to drivers innocently finding themselves stuck in the box and receiving a Penalty Charge Notice (PCN). But what are the rules around yellow box junction infringements, and what can you do if you are unhappy with the penalty or want to dispute it – if you live in an area where fines are already issued?

Here is our guide to the rules and your rights if you have been hit with a penalty fine.

Where are yellow box junctions enforced at the moment?

Yellow box junctions fall under the broader definition of ‘moving traffic restrictions’, which also include no U-turns, left-turn only and other contraventions that arise from road signs instructing you to drive in a specific way or direction. Only TfL in London and local authorities in Wales have the power to enforce moving traffic restrictions. However, in England (outside London), the Government is set to give local authorities the power to enforce from this year.

What do you need to challenge a PCN?

Firstly, the key issue is ‘what can you reasonably expect to have known or seen when driving into the yellow junction box?’ It often comes down to what you can see before driving into the junction.

Drivers can speak to other motorists online, through various forums, and highlight the issue which could evidence whether the problem is affecting other drivers. Motorists may also need dashcam footage to support their case.

How and where can I appeal?

Patrick Duckworth from the Traffic Penalty Tribunal (TPT) told The Mirror drivers must first challenge the PCN directly with the authority that issued it. Instructions will be included with the PCN for how to ‘make representations’ to the authority.

If the authority rejects your challenge, you will then be able to appeal to an independent adjudicator. For Wales, and soon to be England (outside London), the adjudicator for moving traffic restrictions is the Traffic Penalty Tribunal. Chief Adjudicator for the TPT, Caroline Sheppard, said: “It will be critically important for authorities to think about what the driver – not the camera – can see when reviewing the footage before issuing a box junction penalty’.

“It is not an absolute offence just to stop in the box, but this misconception gives rise to so many unjustified PCNs.

“The adjudicators would like to see warning notices issued to motorists for first-time contraventions for a reasonable period after enforcement begins at a yellow box junction.”