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Legal question
My sister in law was defrosting her car this morning and she had the engine running which the windscreen cleared. She realised she had forgotten something, so left the car on the driveway with the engine running while she nipped back inside to get what she needed. She was gone for seconds and when she came back there were 2 policemen around her car, they had removed the keys and told her that it was an offence to leave the car unoccupied with the engine running on a driveway and she would have to present her documents at the police station. If it happened again they said she would be fined and they would be reporting the matter to her insurance company.
Now firstly, if the car in on private land, what right do they have to insist on this, how can it be an offence and also as she was gone for seconds, how did they manage to pounce so quickly unless they were waiting for an unsuspecting victim?
Can anyone shed any light on this?
Now firstly, if the car in on private land, what right do they have to insist on this, how can it be an offence and also as she was gone for seconds, how did they manage to pounce so quickly unless they were waiting for an unsuspecting victim?
Can anyone shed any light on this?
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One reason for their swift attendance could be an operation to target car thieves, as it is well known both by the police, and criminals, that people do leave their engines running to defrost the car at this time of year.
There was such an operation a few years ago, called "Operation Cold Start", and one guy was fined £30. So she was lucky on 2 counts, one that she wasn't fined, and two, that it wasn't stolen, as she wouldn't have got a penny from the Insurance Company
The previous post as well as yours didn't, too - you just don't like what I said about the police.
Anyway, I thought I was saying it *was* an offence.
In this case Officers were walking past, and decided to say something. There is no comparison between that, and your case, or catching drug dealers etc.
If an Officer on patrol encounters something, they will address it as they see fit.
I'm pretty sure the quitting offence is only committed on a road though, unless it has changed fairly recently.
The offence is for safety reasons, and includes leaving it unattended with the engine running, or the handbrake off.
You learn something new on this forum every day!! I did now know that at all.
However, much more to the point, cars have been stolen from peoples driveways in this very senario, a thief has been watching houses and waiting for this to happen. He then jumps into the car with the engine running and keys in the ignition and simply drives off!
Whether it's legal on a private driveway or not it isn't a very sensible or advisable thing to do.
If you car were to be stolen in a situation like the one described then you may well face problems claiming on your insurance because, in effect, you had given the thief the keys!
'a person shall not leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set'
I do not believe you could by any stretch consider a private driveway to be a road.
apparently the regulations are
"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."
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070304