Road traffic
Stop on hard shoulder on motorway
Motorways Traffic (England and Wales) Regulations / RTA 1988 (as charged)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 4 fine
Actus reus
- Contravention of the Motorways Traffic (England and Wales) Regulations 1982 on stopping — typically driving on or stopping on the hard shoulder otherwise than as permitted (regs 7 and 9 as charged), made an offence by RTA 1988, s.17.
Mens rea
- Stopping or using the hard shoulder in breach of the regulation. Breakdown and other permitted stops are in the regulation — read it.
Defences
Stop was permitted (breakdown, illness, directed by a constable, etc. — as the regulation provides) · Not a special road / motorway to which the regulations apply · Did not stop or drive on the hard shoulder
Sentencing Council
Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine This offence is non-endorsable and does not attract penalty points.
At the police station
ANPR and whether there was a genuine breakdown are the usual issues. Wrong-way/reverse is a different regulation.
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.