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YBJ in walthamstow - Giving way to on coming traffic

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YBJ in walthamstow - Giving way to on coming traffic
on:
#1
Hi

A friend received a PCN in a YBJ while giving way to on-coming traffic.

He appealed, and, surprise, surprise, they rejected it, with the next step being either to pay the discount or go to adjudication.

I feel the council is being unjust here, and he has a case to fight.

Any advice would be much appreciated here

https://www.youtube.com/shorts/bB9mmQPUGRE

1 by Zee Aze, on Flickr

2 by Zee Aze, on Flickr

3 by Zee Aze, on Flickr
Re: YBJ in walthamstow - Giving way to on coming traffic
Reply #6 on:
#7
AFAIA, I thought you Ould enter a YBJ if you are turning right...?

Yes that's fine, but he wasn't turning right.

He was the driver going straight on, who entered the YBJ when his exit was clear, but then was forced to stop because a truck which did not have right of way turned across in front of him?

Blimey.

Re: YBJ in walthamstow - Giving way to on coming traffic
Reply #7 on:
#8
AFAIA, I thought you Ould enter a YBJ if you are turning right...?

Yes that's fine, but he wasn't turning right.

He was the driver going straight on, who entered the YBJ when his exit was clear, but then was forced to stop because a truck which did not have right of way turned across in front of him?

Blimey.

Yes sir. Sorry sir.  :-X
Re: YBJ in walthamstow - Giving way to on coming traffic
Reply #11 on:
#12
That may be the case but it doesn't constitute a box junction offence. You can stop in there whenever you like, so long as your exit is free from stationary traffic.
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Re: YBJ in walthamstow - Giving way to on coming traffic
Reply #12 on:
#13
OP, the law as regards the definition of the restriction imposed by a YBJ:

Box junctions
11.—(1) Subject to sub-paragraphs (2), (3) and (4), the yellow criss-cross marking provided for at item 25 of the sign table in Part 6 conveys the prohibition 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.


Para. 11 Part 7 of Schedule 9 to the Traffic Signs etc. Regs refers:
This Instrument consolidates, with substantial amendments, the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997, the Traffic Signs (Temporary Obstructions) Reg...
legislation.gov.uk


We don't need to worry about the exceptions, as far as this case is concerned the following apply:

Did the driver CAUSE their car to enter the YBJ? Of course, they deliberately drove into it;

Did the vehicle HAVE TO STOP due to the presence of stationary traffic? Of course not. Although the artic was stationary, the driver in this case did not HAVE to stop, they CHOSE to stop. Frankly they could choose to stop for any number of reasons, including bloody mindedness, but this would not be a contravention as regards the YBJ.

The definition is clear, there are no judgments or body of adjudication decisions to the contrary so take the stupid b******s to adjudication and ask for costs.

Step 1 - register the appeal.
Re: YBJ in walthamstow - Giving way to on coming traffic
Reply #13 on:
#14
see this relevant finding by the tribunal

2160310225

I have heard the appellant in person who I find an honest and credible witness. The Authority did not appear and was not represented.

The Authority has produced the details of a link to their website on which I have viewed CCTV footage. The footage shows that the exit lane of the box junction was clear when the appellant’s vehicle entered it. Further, it shows that the vehicle stopped only briefly in the box junction when there was sufficient space to move forward. The vehicle was not forced to stop in the box because of stationary traffic.

I find as fact that the exit lane was clear when the vehicle in question entered the box junction. I find as fact that the vehicle was not forced to stop because of stationary traffic. The components for the contravention have not been met. I am not satisfied that the contravention occurred.

I allow the appeal.
Re: YBJ in walthamstow - Giving way to on coming traffic
Reply #14 on:
#15
That may be the case but it doesn't constitute a box junction offence. You can stop in there whenever you like, so long as your exit is free from stationary traffic.
I don't think they know what forthwith means in Walthamstow.
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