Mr Mustard came across this junction on the PePiPoo web forum, odd name but very useful site.
It is in the Kingston Road, New Malden at the junction with Elm Road (google street view is out of date so this is a relatively recent change).
The red sign says 'Give priority to Pedestrians and Cyclists at side road' which to Mr Mustard's eyes is unclear. Mr Mustard thinks it means give priority to pedestrians crossing the road at the give way markings and also give priority to cyclists who are riding along the cycle lane and going straight on if a motor vehicle wants to turn left across their path. Mr Mustard doesn't think the sign helps. Mr Mustard loves the double yellows though and loading ban (double kerb blips) but suspects they should be inside the cycle lane (Mr Mustard waits for comments to tell him he is wrong about that as he hasn't opened any of his signage guides). They should stop blue badge holders from parking there though.
Mr Mustard thinks that the yellow box is too long at both ends as if you extend the imaginary lines from the edges of the carriageway in Elm Road (the side road on the left) they would remove a car length of box at both ends. A yellow box junction should be placed, in the context of this location, 'at a junction between two or more roads' and Mr Mustard thinks that all of his readers, and for their part adjudicators, would agree that the green circle above is outside of the junction and therefore any car that stops there is not committing a contravention.
If you have a PCN at this location, or a tribunal hearing booked, and got caught at one end or the other of the box, please email mrmustard@zoho.com for free help.
The end.
Mr Harman has ruled that it does not comply. 2230056005: This box junction is not only marked at the junction between these two roads but also in advance and beyond that junction.
ReplyDeleteIt is not therefore marked in compliance with The Traffic Signs Regulations and General Directions 2016 this penalty charge thus being unenforceable.
Not that simple, sadly.. No adjudicator is bound by Mr Harman's decision, including Mr Harman himself who could decide the opposite on the next case (but is very unlikely to). Another adjudicator may have their own view of the law.
ReplyDeleteOf course Mr Second Musketeer! No 3 here.
ReplyDeleteAnother way to beat it is their website grounds which are to put it mildly quite incredulous: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/kingston-31j-entering-and-stopping-at-box-junction-kingston-road/msg37248/#msg37248
ReplyDelete