A law change that will give local authorities the power to enforce yellow box junctions from June 1 could lead to an "avalanche" of fines for drivers, according to the RAC. The roadside assistance and insurance company believes thousands of motorists will be wrongly issued with penalty charge notices when councils take over enforcement powers that have previously been undertaken by police, aside from in London and Cardiff, where the local authorities already assume such responsibilities.
But, from June, councils will be able to apply for the power to enforce moving traffic offences, including driving through "no entry" signs as well as those displaying no left and right turns. It is the yellow boxes, however, which are designed to avoid gridlock at junctions that the RAC feel could lead to drivers being unfairly punished and the body is calling on the Government to improve its official design and maintenance of the road markings, as well as its enforcement guidance.
The RAC has discovered that many junctions have design flaws which cause drivers to become trapped in the boxes through no fault of their own, and that some are so poorly maintained that it’s difficult to ascertain where the yellow lines start and finish. This can be because the boxes have been placed in the wrong position, or are larger than they should be, while some can be obscured by buildings or other street furniture.
Gaps in the official yellow box guidance were also noted by the RAC when it commissioned chartered engineer Sam Wright, who was formerly responsible for the design and approval of them on the Transport for London road network, to write a report examining how they are enforced in the capital with a view to highlighting the possible confusion on the horizon as local authorities begin enforcing them. Wright explained: "The key design principle is that yellow boxes should be no bigger than is necessary to prevent vehicles obstructing through movements.
"They are not designed for, and serve no purpose in, situations where vehicles are travelling in the same direction. The second main condition is that drivers should have adequate visibility beyond the box to be able to make a clear judgement before entering it.
"It’s not just that drivers need to see the end of the box, they need to see that there is space beyond the box for their vehicle to fit without any part of it overhanging. In the case of a car that will be five to six metres. For larger vehicles, it will be up to 15 metres.
"I think designers should have to take a car out in rush hour to see if they can negotiate the box without stopping, before insisting that others do the same. Drivers may also be surprised to hear that there is no legal requirement for authorities to meet this design criteria and it’s simply down to the competence of the enforcing authority."
A Freedom of Information request, meanwhile, revealed in 2020 that councils in London and Cardiff accrued £86 million between 2016 and 2019 from a staggering 1.3 million penalty charge notices. On Transport for London red routes, the penalty charge notice is now £160, reduced to £80 if paid within 14 days.
The equivalent penalties in Cardiff, are £70 and £35 respectively. There is no doubt that these figures demonstrate what a lucrative source of revenue box junction enforcement can be for councils, especially if the guidance is not clear enough for the laws to be applied fairly.
RAC head of roads policy Nicholas Lyes said: “In the absence of definitive guidance on the design, maintenance and enforcement of box junctions there will be a high degree of confusion among drivers and local authorities which could lead to an avalanche of penalty charge notices being wrongly issued and then having to be appealed. This will inevitably lead to an unnecessarily high number of appeals for local authorities to review, as well as some poor outcomes for drivers.
“We have written to the Department for Transport asking them to update the guidance to make it clear to local authorities what the minimum standard for design and condition of a box junction should be before letting enforcement begin, but they are adamant the present guidance is sufficient. We are worried that failing to update guidance to include the lessons learnt from more than 15 years of enforcement in London will lead to countless wrong fines being issued, no end of unnecessary stress for drivers who feel they have been unfairly treated and thousands of wasted council hours investigating appeals.
“It’s absolutely crucial that yellow box junctions are enforced fairly and, as things stand, this may not be the case which will mean many drivers will be treated poorly and lose out financially as a result.”
For more stories from where you live, visit InYourArea.
