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[quote][i]Originally posted by Ste L[/i] [quote][i]Originally posted by Ian[/i] It's illegal to leave it running unattended, 107(1) of the Road Vehicles (Construction and Use) Regulations 1986 and section 42 of the Road Traffic Act 1988 but I'm not familiar with any law which prohibits it if is deemed unnecessary. In fact I'm not sure unnecessary is a legal term tbh. [/quote] LOCAL AUTHORITY POWERS TO REQUIRE DRIVERS TO SWITCH OFF ENGINES WHEN PARKED Guidance Issued Under Section 88 of the Environment Act 1995 ANNEX 2: FIXED PENALTY NOTICE EXPLANATORY NOTES Guidance Notes (Parked Vehicles) (Regulation 98 of the Road Vehicles (Construction and Use) Regulations 1986) Legal Basis for Local Authority Roadside Emissions Enforcement The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003 enable local authority Authorised Persons to request vehicle users to switch off engines when parked and to issue Fixed Penalty Notices to those who refuse to co-operate. It is a requirement of Regulation 98 of the Road Vehicles (Construction and Use) Regulations 1986, as amended, that drivers switch off engines in parked vehicles. The offence is an existing one but local authorities have only since 1 April 2003 been given the power to carry out enforcement of the offence in an effort to address the growing concerns about pollution and the environment. Nature of the Offence It is an absolute offence under Section 42 of the Road Traffic Act 1988 to use (or cause or permit to be used) a vehicle on a road if it does not comply with the relevant provisions of the Road Vehicles (Construction and Use) Regulations 1986, as amended. The offence does not depend upon guilty knowledge and therefore it is not possible to mount a defence on the basis that a vehicle user did not know that the vehicle was in contravention of the Regulations at the time they were using it on a road. You (as named on the Notice itself) have been issued with the Notice because you were the user of the vehicle specified on the Notice when it was found by an Authorised Person with its engine running unnecessarily when parked. You, as the vehicle user, have committed an offence under Section 42 of the Road Traffic Act 1988 and have accordingly been issued with a fixed penalty through this Notice. NB The offence is continuous. Anyone using the vehicle specified on the Notice on a road will remain liable to separate enforcement action should it be parked and the engine left running unnecessarily. taken from here : http://www.policespecials.com/forum/lofiversion/index.php/t49309.html :boggle::boggle: [/quote]
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