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The Stop
20. Was the stop due to "stationary vehicles"?
21. Was there space to move into?
22. Did another vehicle 'steal' the space?
23. Does the right turn exemption apply?
24. Did a single vehicle ahead stop unexpectedly?
25. Was the vehicle actually stopped?
27. How much of the vehicle was in the box?
What is the law?
The highway code is not the law. The offence is set out in Paragraph 11, part 7 of The Traffic Signs Regulations and General Directions (TSRGD) 2016:
“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.”
There are 2 main takeaways from this. Firstly, the offence is only stopping due to "stationary vehicles". Secondly, the offence commences when you enter the box. So if circumstances change after, like a vehicle changing lanes and blocking your exit, this is not an offence.
20. Stopped for reason other than stationary vehicles
Essentially stopping for any reason other than "stationary vehicles" is not an offence. Adjudicators have taken this to the extreme to note it could even include "to light a pipe", "read a book" or "admire the view"! Common examples include stopping for a red light, to let pedestrians cross the road, to give way to other vehicles, waiting to pull out of or into a side road, waiting to change lanes and stopped by moving vehicles.
Here is some text for an appeal:
Paragraph 11, part 7 of The Traffic Signs Regulations and General Directions (TSRGD) 2016 states that stopping on a yellow box is only an offence when stopped due to the presence of stationary vehicles. My vehicle was not stopped for this reason.
Examples of appeals won when vehcile was stopped for a reason other than stationary vehicles
21. Space to move into
if there is a space in front that is big enough to fit your vehicle, then you are judged to have stopped in the box "by choice" and not due to the presence of stationary vehicles. This even includes eg when the back of your vehicle stopped in the box but there is still a couple of metres between you and the vehicle in front. It is the authority's responsibility to prove you didn't have enough space to move into. If it is not clear from the video if you have enough space in front or not, then the case is unproven.
However please note this does not include if the gap was in another lane. That scenario has been the subject of much discussion in the past. Suffice to say adjudicators generally now do not allow appeals when a different lane is free and you chose not to enter it.
Here is some text for an appeal:
Paragraph 11, part 7 of The Traffic Signs Regulations and General Directions (TSRGD) 2016 sates that stopping on a yellow box is only an offence when stopped due to the presence of stationary vehicles. There was a gap in front of the box in front of my vehicle that was big enough to fit my vehicle. I chose not to enter it therefore I was not stopped due to the presence of "stationary vehicles". Please see case references 2220796242 and 2220698629 for similar examples allowed on appeal.
Interestingly there was recently a case where adjudicator decided that a vehicle could have reversed out of the box but didn't! I wouldn't hold up much hope for this as an appeal, however here is some text for appeal if reversing out was an option:
Paragraph 11, part 7 of The Traffic Signs Regulations and General Directions (TSRGD) 2016 sates that stopping on a yellow box is only an offence when stopped due to the presence of stationary vehicles. There were no stationary vehicles behind my vehicle and I could have reversed out but to escape the box didn't for safety reasons. This my vehicle was not stopped due to stationary vehicles but rather by my choice.
Examples of appeals won when there was space for the vehicle to move into
22. Stolen space
A frequent scenario that results in drivers getting stuck in a box is when they wait until a gap is free on the far side of the box, however another vehicle changes lanes or emerges from a side road and snatches it. This is not an offence. Below are some examples:
Here is some text for an appeal:
Paragraph 11, part 7 of The Traffic Signs Regulations and General Directions (TSRGD) 2016 states 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.”. When I entered the box there was space to receive my vehicle on the exit of the box, however it was taken by another vehicle changing lanes.
Examples of appeals won when space was snatched
23. Right turn exemptions
Most people are aware of the right turn exemption stated in the Highway code and in law (TSRGD 2016) as:
(3) The prohibition in sub-paragraph (1) does not, in respect of a box junction within sub-paragraph (6)(a) of the definition of that expression, apply to a person who—
(a) causes a vehicle to enter the box junction for the purpose of turning right; and
(b) stops the vehicle within the box junction for so long as the vehicle is prevented from completing the right turn by an oncoming vehicle or other vehicle which is stationary whilst waiting to complete a right turn.
Tickets still get issued in this situation so it is worth checking if it applies. However there are a couple of other scenarios in which it applies which most people are not aware of. At T junctions like this the red car is not exempt from stopping. However adjudicator in case 2190062519 ruled the orange car was.
In case 2160158062 depicted below, the adjudicator ruled the car in orange was also exempt. Although the box is not at the actual junction where they are turning right, the letter of the law still applies.
Examples of appeals won on right turn exemption
24. Unexpected vehicle stop
The most common scenario for people to get stuck in a box is following vehicles in front which then stop, forcing their car to also stop. This scenario was the subject of adjudicator discussion and review years ago and the general consensus was basically, tough. They stated you shouldn't follow other vehicles into the box you should wait until the one in front has cleared it and there is a gap big enough to fit your vehicle before proceeding. However having said that, there have been cases recently where adjudicators have allowed appeals on the basis of a single vehicle in front coming to a stop for an unexpected reason. Although I have not seen it stated explicitly by an adjudicator, this may be due to the plural stationary "vehicleS" in the law. Thus stopping due to a single stationary "vehicle" may not be an offence. Either way if a single vehicle has stopped ahead of you unexpecedly and forced you to stop, it is worth appealing on these grounds. As always, be aware that other adjudicators may disagree.
Here is some text for an appeal as a base which you should expand on to include your own circumstances:
The box ahead was clear and my stop was not cause by "stationary vehicles" but rather by the unexpected actions of a single vehicle ahead of me.
Examples of appeals won when the vehicle in front unexpectedly stopped
25. Were you actually stopped?
Amazingly some tickets are issued when the vehicle was not even stopped but rather it was moving slowly. There is also a case won by a driver when he deliberately rocked the car back and forth to ensure it wasn't stopped.
Here is text for an appeal:
The vehicle did not stop, it was moving slowly.
Examples of appeals won when not stopped
26. How long were you stopped for?
Although there is no legal minimum amount of time that a vehicle needs to be "stopped", many adjudicators apply the principle of whats called "di minimis". This is a latin phrase which means "the law does not concern itself with trifles". In practice this means they allow (from the cases I have seen), up to 5 seconds. As always, no guarantee on this one, it varies between adjudicators.
Here is some text for an appeal:
The vehicle was only stopped for X seconds. This comes under di minimis.
Examples of appeals won for di minimis duration
27. How much of your vehcile was in the box?
There is also no legal minimum amount of the vehicle that needs to be in the box. However again some adjudicators apply the principle of "di minimis" when only a small amount of a vehicle is in or overhanging a box.
Here is some text for an appeal.
Only a very tiny amount of the vehicle was overhanging the box. This comes under di minimis.
Examples of appeals won for di minimis length
In both cases of di minimus, be sure that the camera is clear enough that it actually shows these few seconds or partial overhang. There may be ambiguity on both points from the camera angle, if so this should also be included. For example you could write this in an appeal:
Only a very tiny amount of the vehicle was potentially overhanging the box for X seconds. In fact from the camera it is not even clear if this was the case . This comes under di minimis.