Law relating to stopping not parking

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Mon 18 Aug 2008 14:51
Law relating to stopping not parking - rohan
What is the law relating to stopping (engine running) a car on a one track public road to open and shut a farmers gate that crosses the public road?

We had a handbrake failure on a car that was stationary, engine running, in neutral (automatic car), hand brake fully applied on a hill, while the driver shut the gate behind him. The car rolled back as the driver finished shutting the gate and caused a lot of damage. Do we have a case is this particular situation?

Many thanks.
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Mon 18 Aug 2008 14:54
Law relating to stopping not parking - Mapmaker
Of course you have a case. A car belonging to a third party drove into, and hit, your car.

Moral: always turn the engine off and leave vehicle in gear when opening and shutting gates.
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Mon 18 Aug 2008 15:02
Law relating to stopping not parking - Dwight Van Driver
Reg 107 MV [Con and Use] Regs 1986

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.

(2) The requirement specified in paragraph (1) as to the stopping of the engine shall not apply to a vehicle -



(a) being used for ambulance, fire brigade or police purposes; or

(b) in such a position and condition as not to be likely to endanger persons 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.



(3) In this regulation "parking brake" means a brake designed and constructed in accordance with requirements 16 and 18 in the Table in Schedule 2.

Offence ?

dvd

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Mon 18 Aug 2008 15:18
Law relating to stopping not parking - moonshine {P}
A case against who?

Do you mean a case against an employee who caused damage to a works vehicle?

Surely if parking on a hill common sense would have been to leave the box in park rather than neutral. I never trust a handbrake even on the slightest of slopes.
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Mon 18 Aug 2008 17:13
Law relating to stopping not parking - b308
And front wheels turned so if it does fail the car will roll harmlessly into the side of the road/hedge....
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Mon 18 Aug 2008 20:54
Law relating to stopping not parking - Fullchat
Yes, a case against who??

Also under the Construction and Use Regulations is the requirement to keep the braking system in efficient and working order. That includes the handbrake.

It applies to a person who 'Uses', 'Causes' or 'Permits' a vehicle to be used on a road.

I don't know if I'm reading this right but the OP sounds like an aggrieved employer.

You will be pleased to know that not only the employee but also the employer commits the offence of 'Using' providing the employee was using the vehicle in connection with the business of the company. It is an 'Absolute Offence'.

Edited by Fullchat on 18/08/2008 at 20:55

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