Legalities of leaving an unattended car running?
Legalities of leaving an unattended car running?
Author
Discussion

Ares

Original Poster:

11,496 posts

150 months

Tuesday 12th December 2017
quotequote all
Neighbour got a stern word and threatened with prosecution from a police officer (PCSO) this morning.

He turned his car on to warm it/de-ice it - locked it with the engine running, on his drive, and left it to go back into the house.

When he returned the PCSO was taking down the car's details and threatened to charge him with the offence.


But he was on his own, private, driveway? PCSO said it made no difference just as with being 'drunk in charge...'

LaurasOtherHalf

21,429 posts

226 months

Tuesday 12th December 2017
quotequote all
Why not just accept it a stupid thing to do and be thankful you still live in an area that still has a police presence.

Mercutio

334 posts

192 months

Tuesday 12th December 2017
quotequote all
"a neighbour"

smile

kiethton

14,648 posts

210 months

Tuesday 12th December 2017
quotequote all
Sorry but if the car is locked there is nothing wrong with it IMO

Reark

85 posts

118 months

Tuesday 12th December 2017
quotequote all
Wait I'm confused... confused This is illegal? I did the exact same thing this morning...

trickywoo

14,197 posts

260 months

Tuesday 12th December 2017
quotequote all
LaurasOtherHalf said:
Why not just accept it a stupid thing to do and be thankful you still live in an area that still has a police presence.
Its locked and on a private drive the police have no right to issue a reprimand. They could offer friendly advice but getting the publics back up isn't great policing and some I can well do without thanks very much.

Reark

85 posts

118 months

Tuesday 12th December 2017
quotequote all
*realises i've just admitted to a crime on a public forum* vomit

Dr Interceptor

8,183 posts

226 months

Tuesday 12th December 2017
quotequote all
The PCSO should be advised to read the highway code. Do what you like with your car on your own driveway.


Act 123 of the Highway Code States:

"The Driver and the Environment. You MUST NOT leave a parked vehicle unattended with the engine running or leave a vehicle engine running unnecessarily while that vehicle is stationary on a public road. Generally, if the vehicle is stationary and is likely to remain so for more than a couple of minutes, you should apply the parking brake and switch off the engine to reduce emissions and noise pollution. However it is permissible to leave the engine running if the vehicle is stationary in traffic or for diagnosing faults."

Mr2Mike

20,143 posts

285 months

Tuesday 12th December 2017
quotequote all
Reark said:
Wait I'm confused... confused This is illegal? I did the exact same thing this morning...
Dear god, how do people not know this? Leaving a vehicle with its engine running unattended has been an offence for a very long time.

Mercutio said:
"a neighbour"

smile
hehe

Patrick Bateman

13,181 posts

204 months

Tuesday 12th December 2017
quotequote all
Why is it a stupid thing to do?

andyxxx

1,420 posts

257 months

Tuesday 12th December 2017
quotequote all
I do not believe on private land, that can be the case.

(I would be interested to know the law on this and stand to be corrected)

I often start my car remotely, it is locked (or it won't proceed to start) and on a secure drive (behind deadlocked gates)

greysquirrel

333 posts

199 months

Tuesday 12th December 2017
quotequote all
Don't most cars nowadays have remote start/auto warm up - such as volvo on call? I know BMW does it as well via an app.

Jakdaw

292 posts

240 months

Tuesday 12th December 2017
quotequote all
Better than driving off without clearing the car properly.

Does make me wonder, who else gets out of cars with the engine running (on private land).... wonder if this PCSO would take issue with MOT testers ;-)

giantdefy

700 posts

143 months

Tuesday 12th December 2017
quotequote all
The offence is called 'Quitting' and is against S42 of the RTA 1988.

This section deals with Construction & Use offences. Quitting is dealt with by Regulation 107(1) of The Road Vehicles (Constriction and Use) Regulation 1986 (SI 1986/1078 )

Ares

Original Poster:

11,496 posts

150 months

Tuesday 12th December 2017
quotequote all
Mercutio said:
"a neighbour"

smile
I didn't need to warm/defrost mine in the garage wink

rsbmw

3,466 posts

135 months

Tuesday 12th December 2017
quotequote all
I don't believe this is an offence on private property, I do it every cold morning and will continue to do so.

Ares

Original Poster:

11,496 posts

150 months

Tuesday 12th December 2017
quotequote all
LaurasOtherHalf said:
Why not just accept it a stupid thing to do and be thankful you still live in an area that still has a police presence.
Why stupid?

akirk

5,778 posts

144 months

Tuesday 12th December 2017
quotequote all
The 'Stopping of engine when vehicle stationary' legislation is specifically on a road:
https://www.legislation.gov.uk/uksi/2002/1808/regu...

the 1986 version was not...
http://www.legislation.gov.uk/uksi/1986/1078/regul...

also in 1986:
http://www.legislation.gov.uk/uksi/1986/1078/regul...
which allows engine to be running for purposes where the engine is needed (arguably needed for defrosting)

so not sure what legislation would apply on your drive

Ares

Original Poster:

11,496 posts

150 months

Tuesday 12th December 2017
quotequote all
Mr2Mike said:
Reark said:
Wait I'm confused... confused This is illegal? I did the exact same thing this morning...
Dear god, how do people not know this? Leaving a vehicle with its engine running unattended has been an offence for a very long time.
Dear God....

On private land though? HC states public road/highway?

Regards

Common Sense


GT119

9,016 posts

202 months

Tuesday 12th December 2017
quotequote all
Dr Interceptor said:
The PCSO should be advised to read the highway code. Do what you like with your car on your own driveway.


Act 123 of the Highway Code States:

"The Driver and the Environment. You MUST NOT leave a parked vehicle unattended with the engine running or leave a vehicle engine running unnecessarily while that vehicle is stationary on a public road. Generally, if the vehicle is stationary and is likely to remain so for more than a couple of minutes, you should apply the parking brake and switch off the engine to reduce emissions and noise pollution. However it is permissible to leave the engine running if the vehicle is stationary in traffic or for diagnosing faults."
The wording is not clear.
The bit about 'public road' may only refer to the part of the sentence after the word 'or', which is how I read it.
One for the legal bods to argue over.

Edited by GT119 on Tuesday 12th December 09:25