How to swerve the GREAT YELLOW BOX JUNCTION CASH GRAB
As 27 councils apply for powers to fine drivers, an expert who used to design them reveals...
MOTORISTS across the country face a tsunami of penalties this year as oversized yellow box junctions become the latest ‘cash cow’ trap to be rolled out by councils.
Some 27 local authorities are awaiting approval for new powers to issue fines of up to £160 for motorists who stop in one of 111 yellow boxes nationwide.
Until now, only the police and councils in London and Cardiff have had the power to slap you with a penalty for stopping in box junctions.
But new rules announced by the Department for Transport (DfT) last year allow any council, to apply for the same powers — and cream off extra cash from drivers.
Now experts fear hundreds more yellow box junctions could be set up with cameras to fine motorists who break the rules if councils are successful in their applications.
Yet critics warn that up to 90 pc of these boxes are ‘problematic’.
THE yellow ‘criss-cross’ hatched boxes are designed to ensure traffic flows smoothly through busy junctions, according to the Highway Code.
Drivers must only enter a yellow box when there is enough space for their car to fit on the other side of the markings — or if they are waiting for a space to turn right.
Critics say that most of these boxes are far larger than is necessary and so unfairly catch out some motorists who are driving safely.
Many are deemed to serve no useful purpose other than making money for councils — while others are not clearly visible to approaching motorists.
More than 40 yellow boxes around Britain pose visibility issues for drivers, a report commissioned by the RAC finds.
A further 16 are on the side of the road opposite T-junctions, which the DfT has stated serves ‘no useful purpose’, says Sam Wright, a chartered engineer who used to be responsible for the design and approval of yellow boxes for Transport for London and who wrote the report.
Meanwhile, nine yellow box junctions are placed in non-permitted locations according to the regulations and 18 boxes extend too far beyond junctions and may no longer be compliant with the rules, he adds.
Drivers already fork out £1.8 billion a year in parking charges to local authorities. Increasing the numbers of yellow boxes where you can be fined will end up costing drivers tens of millions more.
Mr Wright now runs a website called Yellow Box Guru, to highlight problems with the traffic markings. He says: ‘ No local authority plans ever seem to review the visibility of a box from a driver’s point of view, let alone when dark, if the weather is bad or there is congestion up ahead.
‘You can overhang a box for just a moment and get a ticket. A fine often earns councils money but serves no traffic purpose.’
Research by the RAC has found that eight out of ten drivers say they struggle to clear yellow box junctions — with half saying they have accidentally got stuck in one.
A key reason given is bad driving by other motorists.
Simon Williams, a spokesman for the RAC, says that some yellow boxes are so poorly designed that they may even add to congestion.
‘Many drivers get trapped in these junctions through no fault of their own,’ he says. ‘In some cases, we believe enforcement may
actually increase congestion as a result of drivers hesitating before moving for fear of being fined.’
He adds: ‘Councils must be ordered to justify all junctions they propose to enforce — and look at the driver’s perspective rather than how much money it could make.’
The local authority with the highest number of yellow boxes, and which could soon be granted the power to fine drivers, is Reading. The council has a total of 17 across 15 sites in the Berkshire borough.
South Gloucestershire Council has 12 while Herefordshire Council could start imposing penalties on eight boxes.
Linda Taylor, transport spokesman for the Local Government Association, says: ‘These new powers are designed to deal with traffic hotspots to aid the smooth flow of traffic and improve safety as well as reduce poor air quality in problem areas.
‘Councils that have adopted them are proceeding with due diligence and caution to ensure that motorists are treated fairly.’ At the moment, if you stop in one that doesn’t fine you, there will be no cameras and no repercussions. The police does have the power to fine you but this is very rare, according to Mr Wright.
In London and Cardiff, all yellow box junctions on which you can be fined will have cameras set up. While the local authorities can impose a penalty, they do not do it for every location.
WHEN TO APPEAL A BOX FINE
MR WRIGHT believes many yellow box junctions are unreasonable. Unclear rules around what constitutes wrongdoing in a yellow box mean that motorists can face a lottery when lodging an appeal.
‘The rules are extremely complicated, so it’s common for assessors to disagree between themselves on the interpretations and whether a ticket is due,’ Mr Wright says. For example, it’s unclear whether a stationary bicycle that has forced you to stop in a yellow box would qualify as a ‘stationary vehicle’ or not, he says.
Motorists who think they have been unfairly caught should appeal their fine. This is what to watch out for:
DRIVERS should have adequate visibility beyond the box to be able to make a clear judgment before entering it.
This includes being able to see the end of the box and whether there is enough space beyond it for a car.
Markings should be clear during the daytime, in bad weather and at night. If this is not the case, take photographs from a motorist’s point of view as evidence.
You can ask a passenger to take a picture for you from your perspective so long as they do not obscure your view or get in the way while you drive. Yellow box markings lack the reflective qualities of white paint used in the centre of roads and so can be particularly hard to spot at night-time.
They may also have been rubbed off over time or obscured by rubber tyre marks left by other vehicles.
THERE are clear rules about where yellow boxes can be installed and what sizes are acceptable. The Yellow Box Guru website has guidance that you can check if you think you have been unfairly fined due to flaws with a yellow box. For example, DFT rules state that a yellow box can only be installed at a junction between two or more roads, a ‘gyratory system’ or roundabout, along a two- way road that is no greater than 4.5 metres wide at its narrowest point or adjacent to a fire, police or ambulance station.
IF YOU want to fight a fine, ask the council that issued it for the video evidence. This should include an image of both the entrance and exit for the box. If the council video shows you were forced to stop due to an obstacle — such as pedestrians, cyclists or an animal — then you may also have a case for the fine to be thrown out. You may also win an appeal if the council fumbles the paperwork — such as failing to send clear video evidence, putting down the wrong car registration plate details or incorrect yellow junction address.
FInES are typically halved if you pay the local authority within 14 days — so that £130 or £160 demand becomes £65 and £80 respectively.
This is to encourage you to pay up without arguing, but do not be deterred if you have a strong case. If the council rejects your appeal, you can take the Penalty Charge notice case to an independent adjudicator — though this should be done within 14 days of getting the decision.
This is the Traffic Penalty Tribunal in England and Wales, to which you can appeal at foam.trafficpenalty tribunal.gov.uk/your_appeal, the London Tribunals in London at londontribunals.org.uk, the Parking and Bus Lanes Appeals service in Scotland at generalregulatory chamber.scot/home/parkingandbus laneappeals. In northern Ireland it is the northern Ireland Traffic Penalty Tribunal at justice-ni.gov.uk/ articles/northern-ireland-traffic -penalty-tribunal.
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