Is this a motoring offence?

[Tin Pot]

Our parked car just got hit my an empty, running car, drivers door open.

The driver had stopped the car, left the engine running and not put the hand brake on, got out and the car rolled over the road into ours.

I'm reporting it online and I don't know whether this is an offence or not..."Yes - an offence led to the collision"....?

Ta

 

[shirokazan]

Would have thought so: failure to control the vehicle.

 

[PeteXXX]

Leaving the engine running whilst not being in the vehicle is an offence in itself.

 

[Tin Pot]

Ok, cheers I'll go with yes. Let them sort it out.

 

[TVC]

If only there were Police Officers on the forum who could tell you. Offence or not, I suspect that the Police will just leave it to the insurance companies to sort out as there are no injuries.

 

[Andy_R]

section 42 RTA 1988 "Quitting a vehicle"

 

[Tin Pot]

Reported. The website states that they won't prosecute because I don't have an independent witness.

Some might think it's a waste of time, but if our car hadn't been parked where it was the car would've run up onto the pavement putting pedestrians at risk.

 

[Tin Pot]

Now I have to decide whether to make a claim or not. Low speed, no scratches on the bumper.

My buddy had thousands of pounds of work to do to his car once because during an exception they noticed the crumple points on the numbers had collapsed, and they wouldn't release the car as safe to drive until he had it fixed. He wasn't even aware someone had hit his car!

 

[glasgowcyclist]

they won't prosecute because I don't have an independent witness.

No witness at all or no independent witness?

 

[Dan B]

Now I have to decide whether to make a claim or not.

I would.

- if the other driver is fully comp and has damaged their car, they may want to claim against their own insurance - their insurers may then want to talk to yours, best to get your version of events in first
- if the police aren't going to prosecute, at least lesson in loss of NCD/renewals hike might concentrate the drivers' mind to not be so dumb again. And perhaps even to tell his friends

 

[AndyRM]

Never heard about this unattended car running thing before. I assume it's worse if you've left your child in the car as you nip back inside to pick up your door pass for work?

 

[Tin Pot]

Yeah, you should never leave the engine running unattended.

 

[glasgowcyclist]

I was once told that leaving a car unattended with the engine running was actually a criminal offence, but I have no idea if that is/was true or not.

It's true. Vehicle must be attended by a person licensed to drive it if engine left running.

http://www.legislation.gov.uk/uksi/1986/1078/regulation/107/made

 

[Tim Hall]

Highway Code rule 123 says

t. You MUST NOT leave a parked vehicle unattended with the engine running

and then references the relevant laws. So yes, it's an offence.

 

[glasgowcyclist]

Right, thanks. So the answer to the OP is no, it's not a motoring offence.

It is.

He states the driver left the car without the handbrake set and engine was still running.