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Examples of adjudicators ruling that drivers had been forced to stop unexpectedly

Case ref

Appellant

Authority

Date & time

Location

Decision Date

Adjudicator

Decision

2230037124

Mariann Ogboyi

Transport for London

22 Jun 2022 09:07:23

STH LAMBETH RD / PARRY ST (S)

13 Feb 2023

Anju Kaler

Appeal allowed

Ms Oyboyi attended the hearing. There was no representation by the Enforcement Authority.

 

The contravention alleged is entering and stopping in a box junction when prohibited. The prohibition is contained in the Traffic Signs Regulations and General Directions 2016, Schedule 9 Part 7 paragraph 11. This provides as follows.

 

11(1) Subject to sub-paragraphs (2), (3) and (4), the yellow criss-cross marking provided for at item 25 of the sign table in Part 6 conveys the prohibition that a person must not cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles.

 

The footage shows slow traffic on the approach to the yellow box. The Appellant’s vehicle is following a white van in the outside lane. Vehicles are moving steadily until the white van decides to stop on the other side of the box and starts to indicate to move into the lane to the left. By this time, the Appellant’s vehicle has followed him through. The white van cannot move into the inside lane because of stationary traffic. There is no stationary traffic in the right hand lane ahead of the white van and there would have been ample room for this white van and the Appellant’s car, had the van continued in this lane.

 

The Appellant had to stop within the confines of the box due to the inconsiderate driving and change of mind by the white van driver, and not because of any poor judgement or fault of the Appellant. At the time the Appellant’s vehicle entered the box, its exit was clear.

 

I allow the appeal.

Case ref

Appellant

Authority

Date & time

Location

Decision Date

Adjudicator

Decision

2220796242

Premier Transfers Midlands Ltd

LB of Hammersmith and Fulham

08 Oct 2022 17:46:00

New Kings Rd / Bagleys Rd

01 Dec 2022

Anju Kaler

Appeal allowed

Mr Jevons, the director of the Appellant company and the driver on the day, attended the hearing. There was no representation by the Enforcement Authority.

The footage shows the Appellant’s vehicle in the inside lane of two behind a coach. The coach makes the left turn and stops in the inside lane after the turn. The Appellant’s vehicle follows and stops behind the coach with two rear wheels within the box.

Mr Jevons states that the inside lane was clear ahead and the coach did not move further into the lane. He could see before he made his turn that the lane ahead of the coach was unobstructed.

The coach was in motion when the Appellant set off behind him. The lane ahead of the coach was clear and there was no reason for the driver of the vehicle behind to expect the coach to stop where it did instead of proceeding further down the road. The coach came to a stop for no good reason thereby causing the Appellant to stop within the box. The poor driving and judgment of the coach driver was the cause of this contravention. The coach became stationary at a point that no reasonable driver would have anticipated it would stop.

 

I allow the appeal.

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