Motorists should not expect an appeal to succeed without supporting evidence. (Image: undefined)
Yellow box junctions are intended to maintain traffic flow, but motorists who become stuck in one could be hit with a substantial penalty.
The distinctive criss-cross markings appear on roads throughout the UK, yet confusion persists over when drivers can lawfully enter them and whether stopping in one will invariably lead to a fine.
Daniel ShenSmith, a barrister of England and Wales and the creator of BlackBeltBarrister, has clarified what drivers should know if they receive a penalty. He also highlighted circumstances in which motorists might potentially contest a fine.
Yellow box junctions are governed by Rule 174 of the Highway Code, which stipulates that drivers must not enter one until their exit lane is clear. Nevertheless, there is a crucial exception for motorists waiting to turn right.
Speaking on his BlackBeltBarrister YouTube channel, ShenSmith stated: “174 of the Highway Code provides that you may enter the box junction and wait to turn right if you’re stopped from doing so by oncoming traffic or by other vehicles that are also waiting to turn right.”
Dashcam recordings could also prove valuable (Image: Getty Images)
At signalled roundabouts, though, motorists must not enter the box unless they can traverse it entirely without stopping. ShenSmith emphasised the importance of the wording because these are “must not” rules.
“And when there’s law that underpins it, there’s usually a fine that comes along with it,” he said. Motorists who enter a yellow box junction without a clear exit and subsequently stop could be hit with a £70 fine in most areas of the country, while the penalty can increase to £130 in London.
The regulations are designed to prevent gridlock. Should a driver come to a halt inside a junction due to congestion on the road ahead, they risk obstructing traffic travelling in another direction once the lights change.
However, ShenSmith pointed out that there are three scenarios in which drivers may have valid grounds to challenge a penalty.
A car in a yellow box junction (Image: PA Archive/PA Images)
One such instance could be where temporary roadworks make it genuinely difficult for a driver to establish whether the exit lane is clear.
“If you’ve got a situation where you can’t really see the other side and you can’t reasonably see whether the exit lane is clear,” ShenSmith said, this could potentially be relevant.
He also suggested that motorists could investigate whether temporary road restrictions had been properly authorised by submitting a Freedom of Information request to the local authority.
There may also be circumstances relating to the road layout itself. ShenSmith noted there could be “narrower circumstances” where it is unreasonable to expect a driver to see the exit, such as when there is a particularly large distance between the vehicle and the other side of the junction or when the road curves over a hill.
Nevertheless, drivers should not bank on a successful appeal without solid supporting evidence.
“As with all of these things, evidence is the key,” ShenSmith said. He recommended motorists take photographs showing the junction from their position before entering it.
Dashcam recordings could also prove valuable.
“If you have, download it, save it,” he said.
Anyone issued with a penalty should also examine the notice thoroughly, verifying that all the information is accurate and considering the particular circumstances surrounding the alleged offence.
ShenSmith added: “Ultimately, if you want to challenge these things, there are a lot of successful challenges to these things by way of appeal.”
This story originally appeared on Express.co.uk
