Drivers face an "avalanche of penalty charge notices being wrongly issued" and "a high degree of confusion" when new yellow box junction rules are introduced. The rules, which come into force on June 1, mean that, for the first time, people outside London could be fined for misusing the boxes.
Motorists are not allowed to stop in them and those caught (usually through traffic cameras) can already be fined - but only in London and Wales. However, from June, local authorities in the rest of England will be able to issue the fines.
The RAC is warning that the new system could cause 'confusion', Coventry Live reports. Its 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.
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"It 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. However, they are adamant the present guidance is sufficient."
Motorists are not allowed to stop in the boxes and those caught (usually through traffic cameras) can already be fined in some areas. Rules can be found in the Highway Code Rule 174.
It states: "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. At signalled roundabouts, you must not enter the box unless you can cross over it completely without stopping."
It might seem straightforward, but in practice, motorists can encounter several problems that could leave them trapped in the box. For example, temporary roadworks/lights, random large vehicles in the way, stationary cars and errant pedestrians can all lead to drivers innocently finding themselves stuck in the box and receiving a penalty charge notice (PCN).
But what are the rules around yellow box junction infringements, and what can you do if you are unhappy with the penalty or want to dispute it - if you live in an area where fines are already issued? Here is our guide to the rules and your rights if you have been hit with a penalty fine.
What do you need to challenge a PCN?
Firstly, the key issue is ‘what can you reasonably expect to have known or seen when driving into the yellow junction box?’ It often comes down to what you can see before driving into the junction.
Drivers can speak to other motorists online, through various forums, and highlight the issue which could evidence whether the problem is affecting other drivers. Motorists may also need dashcam footage to support their case.
How and where can I appeal?
Patrick Duckworth from the Traffic Penalty Tribunal (TPT) told The Mirror drivers must first challenge the PCN directly with the authority that issued it.
Instructions will be included with the PCN for how to ‘make representations’ to the authority. If the authority rejects your challenge, you will then be able to appeal to an independent adjudicator. For Wales, and soon to be England (outside London), the adjudicator for moving traffic restrictions is the Traffic Penalty Tribunal.
Chief Adjudicator for the TPT, Caroline Sheppard, said: "It will be critically important for authorities to think about what the driver – not the camera – can see when reviewing the footage before issuing a box junction penalty’.
"It is not an absolute offence just to stop in the box, but this misconception gives rise to so many unjustified PCNs.
"The adjudicators would like to see warning notices issued to motorists for first-time contraventions for a reasonable period after enforcement begins at a yellow box junction."
