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FLAT BATTERY
Page 57
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QI pulled into a lay-by, got out of the cab and walked back to a snack bar to get a cup of tea. When I got back to my cab, a police officer was standing there and asked where I'd been. I told him, he then cautioned me and told me I would be reported for the offence of leaving my vehicle unattended with the engine running. Can he do this? I left the engine running because I had a flat battery.
PIV, Cardigan ADoubtful. Regulation 107 (1) of the Road Vehicles (Construction & Use) Regulation 1986 states that: "Same as provided in
paragraph (2), No person shall 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." So, yes he might be right there but paragraph (2) goes on to say: "The requirement specified in paragraph (1) as to stopping of the engine shall not apply to vehicle — a) being used for ambulance, fire brigade, or police purpose or b) in such a position and condition as not to be likely to endanger any person or property and engaged in an operation which requires its engine to be used to — (i) Drive machinery forming part of, or mounted on the vehicle and used for purposes other than driving the vehicle; or (ii) Maintain the electrical power of the batteries of the vehicle at a level required for driving that machinery or apparatus. Section b) (ii) of paragraph 2 would help you as it is open to interpretation of what "driving that machinery" means.