Yellow box junctions are a common sight on UK roads, but motorists who stop in one unlawfully could face a fine of up to £130. A legal expert has outlined three key circumstances in which drivers may have grounds to appeal such a penalty.
Daniel ShenSmith, a barrister of England and Wales and creator of BlackBeltBarrister, has explained what motorists should know if they receive a penalty. He has also highlighted situations where drivers may be able to challenge one.
Highway Code Rule 174
Yellow box junctions are covered by Rule 174 of the Highway Code, which states that drivers must not enter one until their exit road or lane is clear. There is, however, an important exception for motorists waiting to turn right.
Speaking on his BlackBeltBarrister YouTube channel, ShenSmith said: "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."
At signalled roundabouts, however, motorists must not enter the box unless they can cross it completely without stopping. Rule 174 is backed by law under the Traffic Signs Regulations and General Directions.
"And when there's law that underpins it, there's usually a fine that comes along with it," he said.
Circumstances for appeal
Drivers who enter a yellow box without a clear exit and then stop can receive a penalty. The amount depends on where the offence occurs and the enforcement regime in place.
However, ShenSmith outlined circumstances in which motorists could potentially challenge a penalty. One example could be where temporary roadworks make it genuinely difficult for a driver to see 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 suggested motorists could investigate whether temporary road restrictions had been properly authorised by submitting a Freedom of Information request to their local authority.
There may also be cases involving the road layout itself. ShenSmith said there could be "narrower circumstances" where it is unreasonable to expect a driver to see the exit, such as where there is a particularly large distance between the vehicle and the other side of the junction or where the road curves over a hill.
Evidence is key
However, motorists should not expect an appeal to succeed without supporting evidence. "As with all of these things, evidence is the key," ShenSmith said.
He recommended taking photographs showing the junction from the position the vehicle was in before entering it. Dashcam footage could also prove particularly useful. "If you have, download it, save it," he said.
Anyone who receives a penalty should also examine the notice carefully, checking that all the information is correct and considering the specific 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."
