Change law around box junctions to give drivers more leniency

A report suggested that many yellow boxes are bigger than they need to be, on average by 50%. We believe the current rules may be abused by some authorities to raise revenue with no evidence of any benefits to traffic flow. Change law to give drivers more leniency with the suggestions below:

1) A 10sec grace period for PCNs 2) An exemption for turning vehicles that are not causing an obstruction 3) An amendment to the TSRGD to require yellow boxes to be no bigger than necessary & to only allow them at signalised junctions 4) Require all existing and new yellow boxes to have traffic orders so they are subject to consultation 5) Amend the highway code so the wording replicates the law ie the TSRGD.

Local authorities have a statutory responsibility to provide appropriate traffic management schemes for their roads including yellow box markings. They have detailed knowledge of their road junctions and are best placed to model traffic flow improvements for a given box junction design.

The Department has published guidance in Chapter 5 of the Traffic Signs Manual on the design, layout and suitability of these markings. While this can assist with complying with the mandatory requirements, it cannot provide a definitive legal interpretation, nor can it override them. This remains the prerogative of the courts in relation to the appearance and use of specific road markings at specific locations. Chapter 5 of the Traffic Signs Manual is available here:

https://www.gov.uk/government/publications/traffic-signs-manual.

The request for a 10 second grace period before a PCN is issued is a long period of time in traffic flow terms. This will inevitably delay opposing arm traffic from crossing the junction and prevent efficient queue clearance. In affect this grace period would undermine the purpose of the yellow box marking.

In relation to an exemption for turning vehicles that are not causing an obstruction, it would be difficult to determine when obstruction was not occurring given the dynamic nature of traffic movements and signal phasing at junctions. It is likely that a turning vehicle stopped in the box would obstruct flow in the same way as a vehicle making a straight-ahead manoeuvre.

Every junction is unique and only local authorities can assess how vehicle movements influence blocking back at a particular junction. Only they can determine what size constitutes necessary. It is therefore not possible to legislate for a minimum ‘necessary’ size. Half box markings are used at side road T-junctions which are not normally signalised. The request to only allow them at signalised junctions would prevent their use at these locations. This would have a detrimental effect on traffic turning in or out of the side road.

Yellow box markings are prescribed in The Traffic Signs Regulations and General Directions (TSRGD) which include the Traffic Regulation Order (TRO). This reduces bureaucracy for local authorities and cost to residents. The Department has no plans to change this arrangement and require local authorities to raise their own individual TROs. Reverting to this system would place undue burden on local authorities.

The Department has no plans to amend the wording in the Highway Code. The Highway Code is intended to provide clear guidance to road users in plain language, while TSRGD sets out the legal requirements for traffic signs. It uses precise legalese necessary for legislation and as a result uses different terminology to explain that a driver “must not cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction”. Whereas the Highway Code give guidance to achieve this by saying “do not enter the box unless your exit is clear”.

Concerning a change to the law to give drivers more leniency; application of the law is a matter for the enforcing authority and any citizen that believes there is a case for lenient application should make their appeal to the authority and ultimately the courts. The Department does not have any involvement in this process.

Authorities must consider representations made on any grounds. If a formal representation is rejected, drivers have the right to appeal to an independent adjudicator. The adjudicator’s decision is final, and no further challenges can be made, except on a technical point of law, through an application to the High Court for judicial review. Local authorities have discretionary powers and may cancel, refund or extend the penalty charge discount period at any stage of the appeal process (including after the adjudicator’s ruling). This consideration is, however, wholly a matter for the relevant local authority. Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest.

Department for Transport