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Adjudicator allowing appeal due to the authority publically declaring guidance which went against their enforcement
Date & time
LB of Richmond Upon Thames
21 Nov 2018 09:01:00
Upper Sunbury Rd
14 Mar 2019
The Appellant attended this hearing.
The contravention is that the Appellant "caused[d] a vehicle to enter the box junction so that [it] has to stop within the box junction due to the presence stationary vehicles”. The exemption for turning right applies to “any person who causes a vehicle to enter the box junction (other than a box junction at a roundabout) for the purpose of turning right; and 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”- Law TSRGD regs 10(1) & 29(2), schedule 19 pt II clause 7.
The Highway code puts it clearly in this way:150: Box junctions. These have criss-cross yellow lines painted on the road (see Other road markings section). 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.Law TSRGD regs 10(1) & 29(2).
The cctv footage shows the Appellant’s vehicle making a right turn at a tee junction following another vehicle that was doing the same and that other vehicle stops just outside the box junction leaving insufficient room for the Appellant to clear the box junction and she is trapped in it.
The Appellant claims the turning right exemption, that she was only stopped from completing her turn as she entered the box ( at a tee junction ) by other vehicles which are stationary whilst waiting to complete a right turn. The counter argument is that when she stopped in the box the vehicle ahead had completed the right turn and was not waiting to do so and it is a that point you judge whether the exemption applies not when the vehicle ( that has allegedly contarvened) first entered the box junction. I am aware of different opinions amonst adjuducators ( there has been no court determination of the point) and that some would rule that the exemption applies in these circumstances.
The Appellant had obatined face book dicussions with the Enforcement Authority in which they have specifally advised a motorist in relation to this t junction that you may enter a yellow box junction when waiting to turn right and this is exactly what the Appellant did. The logic of the situation supports the Authorities’ face book advice. From freedom of information replies they have stated that the box junction was placed there for the specific purpose of facilating right turns from Lower Sunbury Road and to do this must entail a vehicle waiting in the box junction to complete their right turn manouvre. Moreover, the FoI revealed that contary to the guidelines in the Signs Manual the Enforcement Authority did not consult the police before creating this box junction.
Where an Enforcement Authority publiclly declare an enforcement policy or particular interepation of a traffic regulaion/restriction they are bound by that even if it contradicts a different and possibly correct interpretitation of the restriction it or attempted enforcement.
As the Appellant acted in accordance with the Enforcement Authority public advice her appeal must be allowed. If I am wrong about that, then I would rule that in any event the right turn exemption applies.