Date: 16/11/2016
Dear Mr Baker,
Reference: 3041596
Freedom of Information Act 2000 (FOIA) - Outcome of Internal Review
Thank you for your Internal Review request dated 27th October 2016, regarding your FOI request in
which you asked for the following information:
How many seconds, or milliseconds, is a vehicle allowed to be in contravention in a yellow box
junction before a contravention is identified and recorded by the CCTV cameras? If the answer varies
by location please provide it for each location.
The purpose of this Internal Review is to assess whether your request was handled properly and to
determine whether the original decision given to you was correct. This is an independent review: I
was not involved in the original decision.
Your original request was not acknowledged within the legislative time frame of five working days, I
apologise for any inconvenience caused by this delay. The council did, however, provide you with a
response to your request within 20 working days, in accordance with the FOIA.
I have reassessed your case and after careful consideration, I am partially upholding the Council’s
response to you. An explanation of my decision follows:
Below is the Council’s initial response to your Freedom of Information request;
Contravention Code 31 (j)– Entering and stopping in a box junction when prohibited. (Suffixes j = camera
enforcement)
Box junctions
Evidence of the contravention
Camera must record evidence of the arrival of the vehicle, any signals and the availability of clear exits. The
vehicles entry into the box, the continued state of the exit(s) and the subsequent actions of the driver. The
camera must capture the movements in the junction during the passage of the vehicle in question.
Observation times for contravention: At least two wheels of the vehicle (either front or rear) must be
stationary within the markings to be perceived as an instant contravention.
Highway Code Rules/Advice
You MUST NOT enter the box junction until your exit is clear. However, you may enter the box and wait when
you want to turn right and only stopped from doing so by oncoming traffic and other vehicles waiting to turn
right.
Exemptions
1. Vehicle may be delayed by oncoming traffic waiting to turn right, in which case do not issue a PCN.
2. Vehicle forced to stop in the junction due to the braking of traffic ahead, although the exit was clear at the
time the vehicle entered the box junction.
3. Vehicles being used for Fire Brigade, Police or Ambulance Purposes.
Upon receiving the above response, you responded with the following:
Unfortunately you have not answered the question posed in my FoI request, but before I ask for an
internal review I would prefer to give the council the opportunity to provide its answer.
By way of clarification, my request was for the number of seconds a vehicle must be stationary in a
yellow box before each camera records a contravention that is referred to a CEO for evaluation as to
whether he/she believes the contravention has occurred.
To put it another way, please confirm the amount of time a vehicle must be stationary in the yellow
box before the keeper of the vehicle is issued with a PCN.
And to reiterate, if the answer varies by cctv location, please provide the timing for each location.
In performing my internal review, I liaised with our Parking Department who manage PCNs, in order
to establish whether the Council hold any information which would allow us to answer your query
more specifically.
They provided the following information:
The box junction contravention code is instant; the second the vehicle stops inside the box junction,
the penalty charge notice will be issued to the vehicle. To clarify, vehicles are not permitted to remain
in a yellow box junction for any period of time, unless the following exemptions apply:
1. Vehicle may be delayed by oncoming traffic waiting to turn right, in which case do not issue a PCN.
2. Vehicle forced to stop in the junction due to the braking of traffic ahead, although the exit was
clear at the time the vehicle entered the box junction.
3. Vehicles being used for Fire Brigade, Police or Ambulance Purposes.
With the above considered, I am partially upholding the Council's initial response to your request, as
our response did address your query, but could have been clearer. I apologise for the delay in
acknowledging your initial request and your follow up query. I trust that the information provided in
this internal review is sufficient, and helps to answer any concerns, questions or issues you may
have.
Your rights If you remain dissatisfied with the handling of your request, you have a right to appeal to the
Information Commissioner at:
The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113
Website: www.ico.org.uk
There is no charge for making an appeal.
Yours sincerely,
Tobi Danmole
