Legal or not?

[flecc]

Well one would like to think that copper who saw someone trying to move a vehicle to a safer place after a break down would use his common sense and assist to get the job done.

I don't understand your argument Garry, if it's illegal, and on the road broken down after use, it's obviously been illegally used before it broke down. Getting it to a safer place is beside the point and another matter.

Many decades ago parliament foresaw all such interpretation difficulties and passed the law as being "in charge of", regardless of any other circumstances. That way the arguments are avoided.

 

[GaRRy]

I did say after a break down and also meant if was legal before broke down.
e.g. I'm driving along and my engine stops working I stop and realise I have ended up with my vehicle in a dangerous place (say hidden around the corner of a blind bend) so I push it a few hundred feet to a lay-by allowing someone else not qualified to drive to steer. Technically illegal but allowing for circumstances one would hope police would be understanding (and hopefully help) although as I said I fear these days they would just book you and wait for the pile up .

Now if the vehicle was never legal in first place thats another matter.

 

[flecc]

Understood Garry. I think most officers in the circumstance you mentioned wouldn't take any legal action, I'm sure most would help by pushing too and I've seen them doing that.

There's always the odd exception of course, but hopefully magistrates will be able to see when an action is unreasonable and unnecessary. In such cases it's often a good option to write a polite and reasonable letter in advance of a prosecution to the police officer's senior officer explaining the circumstances, but not asking for any special treatment. That can often result in just a reply letter reminding one of one's obligations in law and no further action taken. This is an option not taken anywhere near often enough in my view.