Box junction fine overturned
Discussion
www.thisislondon.co.uk/traffic/articles/13361411?source=Evening%20Standard
The first motorist to challenge a yellow box junction fine has won his appeal in a landmark victory.
Company director Bill Hemmings was caught on CCTV as his 4x4 vehicle blocked other traffic at a busy East End junction.
His Mitsubishi Shogun was filmed causing chaos for more than three minutes at the height of the rush hour.
But Mr Hemmings appealed against the £100 fine, claiming he had been blocked by other vehicles that cut in front of him. He also maintains that although he stopped on the criss-cross junction he was turning right at the time - a manoeuvre specifically allowed in the Highway Code.
The adjudicator upheld Mr Hemmings's appeal - and told the Mayor's Transport for London department, which issued the fine, to read the rules "more carefully".
Today the AA said the ruling would force local authorities, who have begun policing yellow box junctions in London under new powers, to " seriously re-think" hundreds of other prosecutions.
Critically, chief adjudicator Martin Wood also ruled that TfL's evidential film clip was too short - it did not show conditions on the yellow box junction at the moment Mr Hemmings, 66, drove onto it.
Today Mr Hemmings - who missed the hearing because official papers gave the wrong date - said he was "elated", adding: "I wanted to appear in person to explain what happened because this junction is going to be an absolute cash-cow for the Mayor's office. Every time you enter this junction to turn right off Commercial Road into Belgrave Street to go to the Rotherhithe Tunnel, someone nips up on your inside and cuts in front of you.
"It means you can't finish your manoeuvre and then you get stranded on the yellow box. If TfL fines everyone who gets caught out like this it is entirely wrong."
Mr Hemmings - who lives in Goodmayes, Essex, and whose firm Place Invaders books roadside space in the capital for film companies on location - added: "The Highway Code says you can enter a yellow box junction even if your exit is blocked by oncoming traffic, or other vehicles turning right. The video clearly shows I was turning right - why did TfL bring the prosecution?"
At the Parking and Traffic Appeals Service (Patas) hearing, TfL was represented by contractor NCP, which said the Shogun was "clearly" obstructing the box.
But the adjudicator said this was "irrelevant" given the circumstances, adding: "He might argue he is there to right-turn and is prevented from completing by other vehicles that are still waiting to make a right turn.
"Adjudicators are going to need to see evidence of the state of traffic when the vehicle entered the box. It may look obvious but funny things can happen."
The AA's Rebecca Rees said: "We said all along that we did not want local authorities enforcing this kind of thing because they have not even managedparking enforcement with fairnessand competence." So far TfL has caught more than 4,000 offenders on yellow box junctions at the rate of 363 a week. Ealing, Camden and Croydon have also brought prosecutions.
To date Patas has received more than 40 appeals.
TfL Traffic Enforcement chief Patrick Troy, said: "This is the first of a number of upcoming appeals against TfL and local borough yellow box junction Penalty Charge Notices.
"This appeal has assisted us in clarifying a law that has never been used before and, from now on, people who are turning right on yellow box junctions in similar circumstances to this case will be exempted from penalty charges."
The first motorist to challenge a yellow box junction fine has won his appeal in a landmark victory.
Company director Bill Hemmings was caught on CCTV as his 4x4 vehicle blocked other traffic at a busy East End junction.
His Mitsubishi Shogun was filmed causing chaos for more than three minutes at the height of the rush hour.
But Mr Hemmings appealed against the £100 fine, claiming he had been blocked by other vehicles that cut in front of him. He also maintains that although he stopped on the criss-cross junction he was turning right at the time - a manoeuvre specifically allowed in the Highway Code.
The adjudicator upheld Mr Hemmings's appeal - and told the Mayor's Transport for London department, which issued the fine, to read the rules "more carefully".
Today the AA said the ruling would force local authorities, who have begun policing yellow box junctions in London under new powers, to " seriously re-think" hundreds of other prosecutions.
Critically, chief adjudicator Martin Wood also ruled that TfL's evidential film clip was too short - it did not show conditions on the yellow box junction at the moment Mr Hemmings, 66, drove onto it.
Today Mr Hemmings - who missed the hearing because official papers gave the wrong date - said he was "elated", adding: "I wanted to appear in person to explain what happened because this junction is going to be an absolute cash-cow for the Mayor's office. Every time you enter this junction to turn right off Commercial Road into Belgrave Street to go to the Rotherhithe Tunnel, someone nips up on your inside and cuts in front of you.
"It means you can't finish your manoeuvre and then you get stranded on the yellow box. If TfL fines everyone who gets caught out like this it is entirely wrong."
Mr Hemmings - who lives in Goodmayes, Essex, and whose firm Place Invaders books roadside space in the capital for film companies on location - added: "The Highway Code says you can enter a yellow box junction even if your exit is blocked by oncoming traffic, or other vehicles turning right. The video clearly shows I was turning right - why did TfL bring the prosecution?"
At the Parking and Traffic Appeals Service (Patas) hearing, TfL was represented by contractor NCP, which said the Shogun was "clearly" obstructing the box.
But the adjudicator said this was "irrelevant" given the circumstances, adding: "He might argue he is there to right-turn and is prevented from completing by other vehicles that are still waiting to make a right turn.
"Adjudicators are going to need to see evidence of the state of traffic when the vehicle entered the box. It may look obvious but funny things can happen."
The AA's Rebecca Rees said: "We said all along that we did not want local authorities enforcing this kind of thing because they have not even managedparking enforcement with fairnessand competence." So far TfL has caught more than 4,000 offenders on yellow box junctions at the rate of 363 a week. Ealing, Camden and Croydon have also brought prosecutions.
To date Patas has received more than 40 appeals.
TfL Traffic Enforcement chief Patrick Troy, said: "This is the first of a number of upcoming appeals against TfL and local borough yellow box junction Penalty Charge Notices.
"This appeal has assisted us in clarifying a law that has never been used before and, from now on, people who are turning right on yellow box junctions in similar circumstances to this case will be exempted from penalty charges."
some numpty fro TfL said:
"This appeal has assisted us in clarifying a law that has never been used before and, from now on, people who are turning right on yellow box junctions in similar circumstances to this case will be exempted from penalty charges."
Erm, surely they should have been exempt from day 1, or did nobody at TfL bother to read the Highway Code???
Alice Cupra said:
"This appeal has assisted us in clarifying a law that has never been used before and, from now on, people who are turning right on yellow box junctions in similar circumstances to this case will be exempted from penalty charges."
Erm, surely they should have been exempt from day 1, or did nobody at TfL bother to read the Highway Code???
Not when there is money involved....
ohopkins said:
Mondeo man : I have exactly the same idea !
If the clip is very short, and simply shows you with your right hand indicator on you are free !
up to a point yes, but only if you are the only vehicle in the box.
The law only grants this exemption if your path is blocked by oncoming vehicles. So if you've followed another right turner through the lights you have no defence, as your path is blocked by him, not by oncoming traffic.
BlackStuff said:
ohopkins said:
Mondeo man : I have exactly the same idea !
If the clip is very short, and simply shows you with your right hand indicator on you are free !
up to a point yes, but only if you are the only vehicle in the box.
The law only grants this exemption if your path is blocked by oncoming vehicles. So if you've followed another right turner through the lights you have no defence, as your path is blocked by him, not by oncoming traffic.
Read the paragraph in the HC
"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.
Seems you can enter if some one else is waiting to turn right.
>> Edited by esselte on Friday 24th September 11:59
esselte said:
Mondeo man : I have exactly the same idea !
If the clip is very short, and simply shows you with your right hand indicator on you are free !
up to a point yes, but only if you are the only vehicle in the box.
The law only grants this exemption if your path is blocked by oncoming vehicles. So if you've followed another right turner through the lights you have no defence, as your path is blocked by him, not by oncoming traffic.
Read the paragraph in the HC
"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.
Seems you can enter if some one else is waiting to turn right.
Oops! I stand corrected...
Mind you, you'd still have to make sure the vehicle in front was turning right - if he's going straight on then your RH indicator still won't save you.
So I was perhaps half-right...
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