Road traffic
Dangerous parking
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 3 fine
Actus reus
- A person in charge of a vehicle who causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position, or in such condition, or in such circumstances as to involve a danger of injury to other persons using the road, is guilty of an offence (RTA 1988, s.22).
Mens rea
- Causing or permitting the vehicle to remain at rest in that position/condition/circumstance. No need to prove an intent to endanger.
Defences
Not in charge · Not on a road · Position/condition/circumstances not likely to cause danger · Did not cause or permit it to remain
Sentencing Council
Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Starting point: Band A fine Must endorse and impose 3 points Fines Starting point Range.
At the police station
Photographs of the position relative to junctions, bends and crossings matter more than an apology. This is not s.40A (using in a dangerous condition).
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.22 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗