Local authority plans to start enforcing yellow box junctions could lead to an avalanche of “unfair” fines for drivers, the RAC has warned.

The RAC report indicates issues with 90% of the boxes proposed for enforcement, which it says are likely to lead to drivers being fined unfairly

Since the Government’s decision last year to let councils across England apply for powers to enforce moving traffic offences, some 27 local authorities have put forward proposals to enforce 111 yellow box junctions.

But a new report from the RAC indicates issues with 90% of the boxes which it says are likely to lead to drivers being fined unfairly.

Its work with chartered engineer Sam Wright, who was formally responsible for the design and approval of yellow boxes on the Transport for London road network, found that more than half (55%, equating to 61 junctions) of the boxes proposed for enforcement contravene the current government guidance, sometimes on multiple counts. Reasons for junction breaches include visibility issues or potential non-compliance with Department for Transport (DfT) regulations.

The report also indicates that 90 (81%) of the boxes are unnecessarily large and 40 boxes (36%) have visibility issues. In some cases, drivers can’t even see there is a box present because of faded road markings, let alone where it ends.

Sam Wright said: “Crucially, I haven’t seen a single proposal that reviews the visibility of the box from a driver’s point of view. If you also factor in bad weather, poor light and other vehicles, then the poor visibility situation is exacerbated. This is all very concerning, especially as enforcement is carried out via cameras high in the air.”

The research also found many issues with the location of junctions proposed for enforcement, including 18 boxes that extend beyond junctions such that they may be considered non-compliant with the regulations, based on previous rulings by adjudicators in London.

Nine junctions proposed for enforcement are in locations that are not stipulated in the Traffic Signs Regulations and General Directions (2016). These include boxes at roundabouts and gyratories without traffic lights and outside a private car park. Hertfordshire initially proposed to enforce a junction outside a private car park but dropped the idea after launching its consultation.

Sam Wright added: “Many of the boxes have been around for years, perhaps decades. It appears that many authorities have simply assumed that the boxes already on the ground are suitable for enforcement without carrying out a fresh assessment as is recommended in government guidance.

“There are many changes needed to improve yellow box law and enforcement. However, as a minimum it is not unreasonable to expect that authorities should undertake comprehensive audits of boxes prior to enforcement to assess all issues.

“Unfortunately, there is no evidence in any of the consultations that such audits have been carried out. This means action is needed by the Department for Transport to both review existing guidance and compel mandatory audits prior to enforcement. We believe this will help to ensure transparency and fairness in enforcement.”

The latest findings come a year after the RAC asked Sam Wright, who runs the website Yellow Box Guru, to write a report on best practice for enforcing box junctions which highlighted gaps in the DfT’s guidance and a general lack of knowledge and understanding that could lead to many unfair fines being issued.

RAC roads spokesperson Simon Williams said: “Unfortunately, it seems many of the concerns we highlighted a year ago have started to become a reality. The issue of box size is not adequately addressed in the Government’s guidance which means many drivers will end up being unfairly fined.”

He added: “Fining people can have real financial consequences for those on the receiving end. Enforcing yellow boxes means that the driver of a vehicle overhanging a box by any amount for just a moment can get a ticket. Yet many drivers end up stopped or trapped in these junctions through no fault of their own. It is not only imperative, but a moral duty to ensure that fines are fair, justified and that the appeals’ process is consistent across the country.”

The RAC has also warned that enforcement may end up actually increasing congestion as a result of drivers hesitating before moving on for fear of being fined.

“We urge the Government to carry out an urgent review of its yellow box junction guidance and clarify what is and isn’t enforceable. It’s vital that size and visibility issues are resolved once and for all. Councils should then be ordered to carry out audits of all the junctions they propose to enforce, including from the driver’s perspective. And, if adjudicators find councils have wrongly enforced junctions, they must be obliged to refund any fines issued and correct the junctions in question.”