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The contravention is that the Appellant "caused[d] a vehicle to enter the box junction so that [it] has to stop within the box junction due to the presence stationary vehicles”. The exemption for turning right applies to “any person who causes a vehicle to enter the box junction (other than a box junction at a roundabout) for the purpose of turning right; and stops it within the box junction for so long as it is prevented from completing the right turn by oncoming vehicles or other vehicles which are stationary whilst waiting to complete a right turn”- Law TSRGD regs 10(1) & 29(2), schedule 19 pt II clause 7.

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The Highway Code puts it clearly in this way: 150: Box junctions. These have criss-cross yellow lines painted on the road (see other road markings section). 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. Law TSRGD regs 10(1) & 29(2).

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The contravention occurs if at the time the motorist first enters the box junction there is a vehicle(s) in front moving or stationary within the box or immediately outside so that there is insufficient space at the other side for his vehicle to stop in and he comes to a stop in the junction because of another stationary vehicle. This applies to the path that the motorist has chosen to take. Thus, if the motorist follows traffic moving through the box junction and comes to a stop within it because they do, for whatever reason, the contravention is made out even if at the time he first enters the box the road is clear ahead of the vehicle(s) that he follows. In other words, in following another moving vehicle through the box junction the motorist takes a risk that he may be caught in it; the fact that the Appellant might reasonably expect the traffic ahead of him to move through the box junction leaving him sufficient space to exit the box does not provide a defence to, or give grounds of mitigation for, the contravention.

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The alledged contravention did not occur because the video evidence is not available for me to view and non accessible on any form of media. The vehicle is stated to have been inside the box junction for under 5 seconds and Iwould therefore ask that under the 'de minimus non curat lex' this is trivial and the P C N is cancelled.

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The Enforcement Authority say that the vehicle came to a stop for 8 seconds and that is sufficient time to prove that the vehicle stopped in the box junction.

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The DVD shows the Appellant 's vehicle moving through the box junction following other vehicles and it comes to a complete stop. The issue is how long was the vehicle stopped (stationary) and whether that constituted this contravention. The dvd shows the vehicle stopped at 10 seconds, then move again 3 seconds later and stop and then move again to go out of the box 5 seconds after that. There is no minimum time for a vehicle to become stationary for the contravention to occur, but it has to be more than a few seconds, otherwise it is nominal or de minimis and does not constitute coming to a stop. 7 or 8 seconds can just about be said to be nominal or de minimis, especially as there was a double movement and the total time stopped was less than 10 seconds.

Accordingly, I am not satisfied that the contravention occurred and must allow this appeal

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