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Your engine was running lawfully — a statutory exemption applies (traffic, or powering equipment)

A £20 idling penalty is for leaving your engine running while the vehicle is stationary. But the switch-off duty (regulation 98 of the Construction and Use Regulations 1986) expressly does NOT apply in three situations: (a) you were stationary because of traffic — held in a queue, at lights, or by a marshal; (b) the engine, or equipment driven off it, was running to power or examine ancillary machinery for a purpose other than driving the vehicle — for example a refrigeration unit on a fridge van, a tail-lift, a cement mixer, or a power take-off; or (c) the vehicle is propelled by gas produced in on-board plant. If one applied, no offence was committed. Say which it was and back it with evidence (your delivery or route records, the equipment fitted, dashcam footage or photos).

Legal basis

Regulation 98(2) of the Road Vehicles (Construction and Use) Regulations 1986 (SI 1986/1078) provides the exceptions to the stationary switch-off duty: (a) stationary owing to the necessities of traffic; (b) to prevent the examination or working of machinery where the machinery is required to be worked for a purpose other than driving the vehicle; (c) a vehicle propelled by gas produced in plant carried on the vehicle. The £20 fixed penalty is issued for the regulation 98 offence (section 42 Road Traffic Act 1988) under the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 (SI 2002/1808), regs 8 and 13; equivalents are SSI 2003/212 (Scotland) and WSI 2003/300 (Wales). The reg 98(2) exceptions are a complete answer to the alleged offence and form the defence at any magistrates' hearing (SI 2002/1808 reg 18).

How to identify this in your case

A £20 stationary-idling fixed penalty where the engine was running because of traffic, or to power or examine ancillary equipment (refrigeration unit, tail-lift, power take-off, plant) rather than to drive the vehicle.

Sample appeal wording

formal

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Road Vehicles (Construction and Use) Regulations 1986 (SI 1986/1078) reg 98(2)
  • Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 (SI 2002/1808) regs 8, 13
  • Road Traffic Act 1988 s.42

Related appeal grounds

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