Call for legal ruling on box junction fines from Merton Council

12:41pm Thursday 23rd August 2012 in News By Omar Oakes

The yellow box junction where Dorset Road meets Kingston Road in Merton Park The yellow box junction where Dorset Road meets Kingston Road in Merton Park

Ten drivers every day are being fined for using a busy junction since the council took on "heavy handed' new powers in May.

Merton Council made more than £32,000 in fines from people who stopped in the yellow box junction where Dorset Road meets Kingston Road in Merton Park.

Since May 7, the council took on powers from the police to enforce moving traffic offences, but drivers have complained it is impossible to turn right into Kingston Road without stopping in the box.

In the nine weeks since, the council pocketed £32,175 in paid fines after using 769 penalty charge notices (PCNs), which is an average of more than 10 drivers being stung each day.

Councillor Richard Hilton, an opposition spokesman for transport policy, has called for a legal ruling on what he described as a “heavy handed” approach to traffic enforcement.

He said: “This is contrary to Transport for London (TfL) guidance that ‘motorists can stop in a yellow box junction if they want to turn right and are stopped from doing so by oncoming traffic’.

“I believe many motorists may be entitled to compensation.

“Labour must stop using parking and traffic enforcement as a cash cow.”

As we revealed in May, traffic wardens have even taken to parking on double yellow lines and block the traffic on Kingston Road in order to get a prime view of drivers stopping in the junction.

We also showed how residents had been up warning signs in Kingston Road to warn motorists that Council CCTV vans are operating.

Cabinet member for performance and implementation, Councillor Mark Betteridge, said: We are confident our enforcement of the box junction is line with legislation. 

“We understand that is not nice to receive a PCN but we have a responsibility to enforce traffic regulations.

“Doing so helps reduce congestion, ease traffic flow and keep the roads safe for our residents.”

Comments(8)

robmorleyuk says...
1:57pm Thu 23 Aug 12

Councillor Betteridge needs to read the Highway Code, the fuller text reads: “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.”
It does not discriminate between oncoming traffic and vehicles in the same queue.
As the Code is the basis for thr driving test there's no legal dispute - it's time to dig deep Betteridge, you have a lot of refunds due.

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ijm says...
2:15pm Thu 23 Aug 12

robmorleyuk unfortunately though I guess that most people have fines for entering the box before the traffic on the main road to their right has cleared, which is not covered by your highway code statement.
I think a little common sense is required, by the council, or to install some traffic lights.

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robmorleyuk says...
3:12pm Thu 23 Aug 12

Hi ijm,
the text 'or by other vehicles waiting to turn right' does appear to cover this.
Are the fines only for obstructing traffic coming from ahead? I haven't noticed this being cited as an aspect of the problem.
You are allowed to enter a yellow box and wait in it in order to turn right.

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GR-London says...
12:12am Fri 24 Aug 12

It has been PROVED time and time and time again, that these councils are exploiting the public under the guise of enforcing 'Parking or Traffic' rules, just to extort money from us.

GOVERNMENT WAKE UP AND SEE WHAT'S HAPPENING - TAKE THESE POWERS BACK ASAP.

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ijm says...
8:34am Fri 24 Aug 12

robmorleyuk, My understanding of the law and remember the Highway code is not the law, is you cannot not enter a box to turn right if your exit is blocked. The exception is you can if you are only blocked by oncoming traffic.
Although as I previously mentioned, you would hope the council would use some common sense.

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ijm says...
8:37am Fri 24 Aug 12

robmorleyuk I should add as you say "and other vehicles waiting to turn right". But of course some vehicles to your right might have not actually have turned right and could have come from the left on the main road, hence why I was saying it doesn't apply. If you understand what I mean, it's a little difficult without a diagram.

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robmorleyuk says...
11:01am Fri 24 Aug 12

ijm, I wholeheartedly agree on your hope for common sense and truly wish they could be more enlightened. Sadly I don’t think you can hope for common sense from an organisation, especially where money is concerned.
The highway code is published by the UK government who determine law, it seems an unusual lack of common sense even for them to allow people to be fined following its instruction. They even make it available online http://bit.ly/lEXmZ so you can see the latest version. I’m not sure why the article quotes a member for ‘performance and implementation’ on this, the title suggests the role is aimed at increasing revenue. Somewhat biased under the circumstances. Perhaps the Secretary for State for Transport could step in – they are a local MP after all and likely to have a fuller appreciation and better informed advisers on road use.
Either that or driving schools and the Driving Standards Agency may need to consider how they train new drivers to break the law.

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Tobermory says...
9:33pm Fri 24 Aug 12

The Councillor is an idiot how many drivers turning right actually stop due to oncoming traffic coming out of Kingswood road, very few I suspect. Most drivers just stop in the box because the traffic is waiting at the lights and they want to 'push in' the queue. The figure of 10 a day if you take the busiest time between 7am and 7pm is not even 1 car an hour hardly a large amount for such a busy junction. There is no need for a 'ruling' on the cases, if the drivers feel they have not broken the law they can go to an independant adjudicator who will cancel any tickets issued incorrectly. As for the cctv van blocking Kingston road in the previous article, the photo clearly shows it parked in Kingswood road at the end of a parking bay and therefore could not be blocking anything in Kingston road. It is clearly an offence to stop in a box junction and has been for many years if drivers do not like the Council issuing fines for the offence maybe they should start a campaign to give community service orders or jail terms for the offence instead or is it just that in reality they do not want to adhere to the law and look to blame the Council as an excuse for their own behaviour?

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