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Examples of adjudicators ruling that drivers stopped due to right turn exemption
Case ref
Appellant
Authority
Date & time
Location
Decision Date
Adjudicator
Decision
2090016230
Anthony de Grey
London Borough of Lambeth
23 Jun 2008 12:19:00
Streatham Vale / Eardley Rd
18 Mar 2009
Michael Nathan
Appeal allowed
This is a personal appeal attended by the Appellant. The Authority did not appear and was not represented. It is claimed by the Authority that the Appellant had entered and stopped in a box junction when prohibited. The alleged contravention occurred at 12:19 hours on 23 June 2008 at the junction of Streatham Vale and Eardley Road. The Appellant has appealed on the ground that the contravention did not occur.
The box junction prohibition is contained in the Traffic Signs Regulations and General Directions 2002, Schedule 19 Part 2 paragraph 7. This provides as follows.
"(1)Except when placed in the circumstances described in paragraph 8, [box junctions] 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."
There is no dispute that the car stopped for a short time on the hatched markings. This is confirmed by the Authority's video evidence, which was viewed carefully by the Adjudicator. However, the Appellant gave evidence in accordance with the representations he had made earlier that the car entered the box junction for the purpose of turning right and stopped within the box junction for so long as it was prevented from turning right by a vehicle which was stationary whilst waiting to complete a right turn. The Authority has not addressed that exemption to the main box junction provisions.
On considering the evidence, the Adjudicator is satisfied that the Appellant's car entered the box junction for the purpose of turning right and stopped within the box junction for so long as it was prevented from turning right by vehicles which were stationary whilst waiting to complete a right turn. Consequently, the Adjudicator is satisfied that the exemption applied and the appeal is allowed.
Case ref
Appellant
Authority
Date & time
Location
Decision Date
Adjudicator
Decision
2110476077
Helle Lampey
LB of Hammersmith and Fulham
08 Jun 2011 11:38:00
New Kings Rd / Bagleys Lane
07 Oct 2011
Joanne Oxlade
Appeal allowed
The issue in the case is whether a contravention occurred.
The local authority case is that the Appellant's vehicle entered and stopped in a box junction caused by the presence of stationary vehicles, and rely on contemporaneous footage.
The Appellant says that the vehicle did not stop.
I have carefully considered the evidence adduced. The footage shows that the vehicle has entered the box junction to turn right, as sequenced by the traffic lights, and is stationary behind vehicles which have also crossed the lights and behind those on the main though fare. I am satisfied that the Appellant is entitled to the benefit of the exemption which applies under paragraph 7(2)(b), as the vehicle stopped for only so long as was prevented from completing the right turn by vehicles which are stationary whilst waiting to complete the right turn.
I therefore allow the appeal.
Case ref
Appellant
Authority
Date & time
Location
Decision Date
Adjudicator
Decision
2190062519
Amelia Abrook
LB of Richmond Upon Thames
21 Nov 2018 09:01:00
Upper Sunbury Rd
14 Mar 2019
Michael Lawrence
Appeal allowed
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.
Case ref
Appellant
Authority
Date & time
Location
Decision Date
Adjudicator
Decision
2230028655
London United Busways
London Borough of Barnet
22 Nov 2022 08:04:00
Cricklewood Bwy / Cricklewood La
09 Feb 2023
Carl Teper
Appeal allowed
Whilst the Authority appears to have created a small space at the side of the box junction, I find that it does not defeat the turning right exemption as relied on in this particular case.
The appeal is allowed
Case ref
Appellant
Authority
Date & time
Location
Decision Date
Adjudicator
Decision
2160158062
Fleet Hire Ltd
London Borough of Waltham Forest
11 Mar 2016 11:49:00
The Green E4/Pretoria Road E4
11 May 2016
Mamta Parekh
Appeal allowed
The Authority's case is that the Appellant's vehicle was stopped in the box junction when prohibited.
The Appellant's case is that he stopped for the purposes of turning right.
I have viewed the camera evidence.
Although the right hand filter is ahead of the junction it is clear from the evidence that the appellant's vehicle does stop for the purposes of turning right and is prevented from completing the manoeuvre by other vehicles also waiting to complete the right turn as shown by their indicator lights and the fact that the vehicles are waiting in a right hand filter lane.
I am therefore not satisfied that the contravention did occur and allow this appeal.