Box Design
Big Boxes
The biggest scourge of the yellow box system is poor design of boxes. Many boxes bigger than they need to be. My study for the RAC showed that 9 out of 10 boxes proposed to be enforced in England are problematic. In the example below from Birmingham, only the yellow area covers a cross movement. The red area serves no purpose. Vehicles in that area are all travelling in the same direction, there is no 'cross' movement.
How should boxes be designed?
Good box design is the foundation of fair enforcement. Yellow boxes should only cover the area of a junction necessary to protect a cross movement. If designed correctly, then any vehicle that stops in it should, or potentially should, be obstructing a movement that would otherwise have a clear exit. And if they are to be enforced, then drivers should have clear visibility to see where they end and to see if there is enough space to fit their vehicle on the exit. It is the responsibility of authorities to ensure their boxes are no bigger than they need to be, that visibility to the end is clear and they are well maintained.
The box below clearly extends beyond the junction and is far bigger than it needs to be. The proof of this can be seen in the video below which shows a vehicle stopped on it yet buses are still easily able to turn into the side road.
If a box is bigger than it needs to be, does that make it Illegal?
Not neccesarily. In general such a box could be defined as non compliant, unlawful or illegal if it:
-
Extends beyond the junction
-
Covers the far side of a T junction
See the guide here for more info on the legality of boxes. If a box is bigger than it needs to be but within the confines of the junction it is likely to be legal. Therefore the fact it serves no purpose is unlikely to win a PCN appeal.
However,having said that, it may be the case that boxes in England outside London that are too big and have not been reviewed and justified are deemed non complaoint. The reason for this is when the authorites were granted the powers to enforce under Part 6 of the Traffic Managment Act 2004, they must abide by the statutory guidance it is still worth a try IMO as adjudicators can differ in their views.
If a box is bigger than it needs to be, does that make it Illegal?
Not neccesarily. In general such a box could be defined as non compliant, unlawful or illegal if it:
-
Extends beyond the junction
-
Covers the far side of a T junction
See the guide here for more info on the legality of boxes. If a box is bigger than it needs to be but within the confines of the junction it is likely to be legal. Therefore the fact it serves no purpose is unlikely to win a PCN appeal.
However, it may be the case that boxes in England outside London that are too big and have not been reviewed and justified are non compliant. The reason for this is when the authorites were granted the powers to enforce under Part 6 of the Traffic Managment Act 2004, they agreed to abide by the statutory guidance which states:
Section 87 of the TMA stipulates that local authorities must have regard to this statutory guidance when developing, implementing and reviewing their bus lane or moving traffic regimes; and in exercising their functions in connection with the associated enforcement activity, local authorities are expected to follow the guidance unless there is a compelling reason for not doing so.
Local authorities will be expected to explain any decision not to implement the terms of the guidance, and adjudicators may consider it to be a procedural impropriety, sufficient to allow an appeal if no sufficient explanation is provided
This section (below) of the guidance makes reference to reviewing existing designs. If the authority cannot provide evidence they have done so and the box is bigger than it needs to be, this is grounds for appeal IMO.
As part of this process, local authorities should be mindful of their duty under Section 122 of the Road Traffic Regulation Act 1984. Scheme design should be reviewed to look afresh at the measures to be enforced to ensure that there is no location where a motorist would have to contravene the provisions to avoid a road safety or congestion problem.
These might include left-hand turns where there is a bus lane and yellow box junction where the exit cannot be seen before entering it. Poorly designed schemes can undermine enforcement overall and give rise to public perception of revenue raising.
How can we fix dodgy boxes?
Authorites may insist their boxes are 'legal' but this is besides the point - the point is every square meter of it should be justified. This should be shown on a drawing. Removing unnecessary boxes, reducing the size of them, stopping enforcement or adjusting the area enforced can save thousands of people the headache of unfair tickets and is my biggest passion. If you are a member of the public, the only way to do this is through pressure, for example a petition, to the authority in charge of it. In my career I removed and reduced the size of many dodgy boxes, showing that it can be done. If you are an authority that believes in fairness and would like technical assistance to review your boxes please contact me.