Enforcement of Box Junctions

[Nigel W]

The following comes from TSRGD 2002 Schedule 19

PART II SIGNIFICANCE OF BOX JUNCTION MARKINGS
Interpretation of Part II of Schedule.

Contains my emphasis.

6.  In this Part of this Schedule—

(a)“box junction” means the area of carriageway marked with yellow cross-hatching at a junction between two or more roads on which there has been placed the road marking shown in diagram 1043 or 1044; and

(b)a reference (however expressed) to a vehicle which is stationary or stops within a box junction includes a vehicle which is stationary whilst part of it is within the box junction.

Prohibition conveyed by markings in diagram 1043 or 1044

7.—(1) Except when placed in the circumstances described in paragraph 8, the road markings shown in diagrams 1043 and 1044 shall each convey the prohibition that no person shall cause a vehicle to ENTER the box junction so that the vehicle has to stop within the box junction due to the presence of STATIONARY VEHICLES.

(2) The prohibition in sub-paragraph (1) does not apply to any person—

(a)who causes a vehicle to enter the box junction (other than a box junction at a roundabout) for the purpose of turning right; and

(b)stops it within the box junction for so long as it is prevented from completing the right turn by oncoming vehicles or other vehicles which are stationary whilst waiting to complete a right turn.

Prohibition conveyed when markings are placed in conjunction with signs in diagrams 615 and 811

8.  When the road marking shown in diagram 1043 or 1044 is placed in conjunction with the signs shown in diagrams 615 and 811 on an area of carriageway which is less than 4.5 metres wide at its narrowest point, the road marking shall convey the prohibition that no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of oncoming vehicles or other stationary vehicles beyond the box junction.

My interpretation of this is: That it is not a contravention to stop in a box junction if you have entered it whilst the vehicle in front is moving. It follows that it is also not a requirement to not enter the box until your exit is clear.

[blackadder]

Unfortunately the enforcement authorities ably assisted by the "independent" parking tribunals have perverted the meaning of the legislation and place disproportionate
importance to the highway code  " Enter a box junction only if your exit road is clear"

It will need a case to come before judicial review.

Look at this youtube footage  about 2.20 secs in: VTS 01 1

The small estate looking  car VRN:LS09 ZTL
Now the driver of that vehicle lost her appeal despite the fact when she entered the YBJ there was no stationary vehicle present.

Here are a link to adjudicators findings.

http://i52.tinypic.com/ogl3b8.jpg
http://i52.tinypic.com/2m4rmnr.jpg

At the beginning ogf the 3rd paragraph titled Adjudicator's Reasons the adjudicator states:
 
"The contravention occurs if at the time the motorist first enters the box junction there is a vehicle(s)
in front moving or stationary within the box or immediately outside so that there is insufficient space at the
other side for his vehicle to stop in and he comes to a stop in the junction because of another stationary vehicle."
 
 
Unfortunately this is the wrong interpretation of what the law states.
 
"no person shall cause a vehicle to enter the box junction
so that the vehicle has to stop within the box junction due to the presence of stationary vehicles."  


Here is a link of the correct interpretation of the law by more sensible adjudicators.
 Unfortunely this is pretty rare, they only appear to  find in favour of the appallent if another motorist  has changed lanes to move into the space beyond the  box junction trapping  the appellant in the box junction or the box junction is unlawful.

http://davidmarq.com/uploaderv6_1/files/7/Yellow%20box%20cases%20allowed.pdf

At the moment these money box junctions are a great source of revenue.