A barrister has detailed three circumstances in which motorists may have grounds to appeal a yellow box junction fine, offering clarity on a penalty that can reach £130 in London. Daniel ShenSmith, a barrister of England and Wales and creator of the BlackBeltBarrister YouTube channel, explained the rules and potential defences in a recent video.
Highway Code Rule 174 and the turning right exception
Yellow box junctions are governed by Rule 174 of the Highway Code, which states that drivers must not enter a box junction unless their exit road is clear. However, ShenSmith highlighted an exception for drivers waiting to turn right, who may enter the box if stopped by oncoming traffic or other vehicles waiting to turn right.
“174 of the Highway Code provides that you may enter the box junction and wait to turn right if you're stopped from doing so by oncoming traffic or by other vehicles that are also waiting to turn right,” ShenSmith said. At signalled roundabouts, however, motorists must not enter the box unless they can cross it completely without stopping. ShenSmith emphasized that these are “must not” rules, and “when there's law that underpins it, there's usually a fine that comes along with it.”
Three grounds for appeal
ShenSmith outlined three scenarios where an appeal might succeed. First, if temporary roadworks make it impossible for a driver to reasonably see whether the exit lane is clear. Second, if the road layout itself is problematic, such as a particularly large distance between the vehicle and the other side of the junction or a road that curves over a hill, making it unreasonable to expect the driver to see the exit. Third, drivers could check whether temporary road restrictions were properly authorised by submitting a Freedom of Information request to the local authority.
“If you've got a situation where you can't really see the other side and you can't reasonably see whether the exit lane is clear,” ShenSmith said, this could potentially be relevant. He also noted that there could be “narrower circumstances” involving the road layout itself.
Evidence is key and typical penalties
ShenSmith stressed that appeals are unlikely to succeed without evidence. “As with all of these things, evidence is the key,” he said. He advised drivers to take photographs showing the junction from the position they were in before entering it, and to save dashcam footage if available. “If you have, download it, save it,” he added.
Drivers who enter a box when their exit is not clear and then stop could face a £70 penalty in most parts of the country, while the charge can rise to £130 in London. ShenSmith also advised anyone receiving a penalty to read the notice carefully, checking that all details are correct and considering the specific circumstances. He concluded: “Ultimately, if you want to challenge these things, there are a lot of successful challenges to these things by way of appeal.”
