See this case re the right turn exemption
2170442131
Mr Anthony Banton has attended on behalf of his wife as the driver of the vehicle at the time of the alleged contravention.
This PCN was issued for the alleged contravention of entering and stopping in a box junction when prohibited. The alleged contravention occurred in Talgarth Road at the junction with Butterwick at 6.33pm on 8 May 2017.
Paragraph 7(1) of Part II of Schedule 19 to the Traffic Signs Regulations and General Directions 2002 states that no person shall 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. It is an offence to enter the box without a clear exit and to then stop in the box due to stationary vehicles in front.
Paragraph 7(2) states that this prohibition does not apply to any person causing a vehicle to enter a box junction (other than a box junction at a roundabout) for the purpose of making a right turn out of the box and stopping the vehicle for so long as it is prevented from completing the right turn by oncoming vehicles or other vehicles which are stationary waiting to complete the right turn.
Mr Banton appeals because he says that the car entered the box to make a right turn out of the box and that the vehicle stopped in the box due to other traffic waiting to complete the right turn.
I have reviewed the CCTV footage in this case. The footage shows that Mrs Banton’s car stopped within the box to make a right turn out of the box and was prevented from completing the right turn by a stationary vehicle in front which had also made the right turn.
The Council, in its Notice of Rejection letter to Mrs Banton dated 24 July 2017, stated that a motorist may only stop a vehicle in the box to make a right turn if they are prevented from turning right by oncoming traffic. The Notice states: “You were turning right with no oncoming traffic to block you, only traffic crossing in the direction you were intending to turn”.
The wording of the exemption in Paragraph 7(2) is expressed in the alternative. The exemption applies to allow the vehicle to stop in the box for so long as it is prevented from completing the right turn by oncoming vehicles or other vehicles which are stationary waiting to complete the right turn. In other words, it is not necessary for both conditions to exist for the exemption to apply. It is sufficient that the vehicle is prevented from completing the right turn by other vehicles which are stationary waiting to complete the right turn. That is, in my judgement, the correct reading of the statutory provision. There is no requirement for the exit to be blocked by oncoming traffic. It follows that the alleged contravention did not occur.
Whilst I accept that the vehicle in front of Mrs Banton’s car had technically completed the right turn, it would make a nonsense of Paragraph 7(2) for the right turn exemption not to apply just because the next vehicle making the right turn manages to clear the box rather than having to stop within it.
