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Dangerous parking

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Dangerous parking

Road Traffic Act 1988, s.22

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.

View definitive guideline ↗

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.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.