Help! FPN for “idling”

[Boobonman]

Hoping for a bit of advice from the masses. Took a colleague down to Uxbridge to pick up some lunch for the office. Pulled up, quiet side street, he jumped out, I stepped out of the car, had a cigarette, squashed it underfoot and got back in the car. Almost immediately there are two chaps tapping at my window dressed like traffic wardens. I’ve got a £50 FPN for dropping a cigarette butt, which is fair enough, hands up. They’ve also decided to give me a £50 FPN for, in their own words “Did idling of vehicle whilst stationary in contravention...”

My gripe is, there are no signs anywhere to say you have to switch your engine off, they said I had been idling for 10 mins when it was more like 2, and the description of offence on the rear says “Non-compliance with a condition of a Community Protection Order.”

Any thoughts people?

Tl;Dr - got fined £50 for idling but there was no sign etc

[Gary29]

How do they prove the car was running in the first place?

[PhillipM]

I thought it had always been illegal to leave you vehicle running unattended?
I suppose the latter is what you could argue it on.

[Boobonman]

The two charming gentlemen dispensing the tickets were wearing bodycameras

[Boobonman]

Oh, and it wasn’t unattended. I was either stood by the bonnet or sat in the drivers seat

[SS2.]

Road Vehicles Construction and Use Regs 1986 said:

Stopping of engine when stationary

98.—(1) Save as provided in paragraph (2), the driver of a vehicle shall, when the vehicle is stationary, stop the action of any machinery attached to or forming part of the vehicle so far as may be necessary for the prevention of noise.

(2) The provisions of paragraph (1) do not apply—

(a) when the vehicle is stationary owing to the necessities of traffic;

(b) so as to prevent the examination or working of the machinery where the examination is necessitated by any failure or derangement of the machinery or where the machinery is required to be worked for a purpose other than driving the vehicle; or

(c) in respect of a vehicle propelled by gas produced in plant carried on the vehicle, to such plant.

and..

The Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002.

From the above link:

Part 6 said:

Stopping of engine when vehicle stationary

12.—(1) An authorised person who has reasonable cause to believe that the driver of a vehicle that is stationary on a road is committing a stationary idling offence may, upon production of evidence of his authorisation, require him to stop the running of the engine of that vehicle.

(2) A person who fails to comply with a requirement under paragraph (1) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Did they ask you to stop your engine ?

Edited by SS2. on Monday 6th November 13:20

[Boobonman]

So, you’re saying it is illegal to have my engine switched on if I’m not actually moving?

[Taita]

Bang to rights.
Limited sympathy due to dropping fag butt too tbh - not how you should be conducting yourself!

[Torquey]

I really hope this is a thing now.

One of my biggest pet hates, unnecessary fumes and noise.

[anonymous-user]

Torquey said:

I really hope this is a thing now.

One of my biggest pet hates, unnecessary fumes and noise.

For the record it's always been a thing!

[vonhosen]

Boobonman said:

So, you’re saying it is illegal to have my engine switched on if I’m not actually moving?

He is not saying anything, he has shown you the relevant legislation.

[hyphen]

Boobonman said:

I’ve got a £50 FPN for dropping a cigarette butt, which is fair enough, hands up. They’ve also decided to give me a £50 FPN for, in their own words “Did idling of vehicle whilst stationary in contravention...”

Fail the atitude test? or did the first act annoy them sufficiently.

[sandman77]

Good!

Leaving your dirty fag end on the street would be enough to warrant a £100 fine in my book.

[Bushi]

No sympathy for the cigarette but £50 fixed penalty for leaving the engine running is just bloody awful behavior.

Hopefully you didn't say anything regarding it when you were given the notice, good few reasons as to why you would need to leave the engine running for "2 minutes"

[Kuji]

Nothing new OP. Its been around for a while.

Its even been in the news.

[hyphen]

Just re-read OP's post.

You actually left the engine out whilst getting out and having a cig? So a good few minutes.

No sympathy, glad they were around to catch you. Well done them ticketers.

[Boobonman]

vonhosen said:

He is not saying anything, he has shown you the relevant legislation.

Jeez. I’d forgotten how autistic some of the regular posters on here are.

Not looking for sympathy, I mentioned the cigarette for clarity of the story. I definitely failed the attitude test, had I been on foot I would have fked them off without a second thought.

[Blue Oval84]

Boobonman said:

So, you’re saying it is illegal to have my engine switched on if I’m not actually moving?

Did you read his last bit? The legislation suggests that the fine is applicable only where you fail to comply with a request to cease the idling. Did they ask you to stop?

[Boobonman]

At no point did I refuse to turn my engine off.

[Todd Bonzalez]

How does that work then? What if you're clearing your screen or retracting a roof or something? Never heard of this in my life, I'll have to be careful.