Creating A Hazard On The Motorway.

[Aldabaran13]

If a driver runs out of fuel in the middle lane of a motorway and another vehicle rear ends it, is the stranded driver guilty of an offence?

[naomi24]

I can only think he must be. Vehicles are supposed to be roadworthy - and a car with no fuel in it isn't roadworthy.

[Islay]

Have to agree with Naomi, the driver must have known they were going to run out of petrol so why drive in the middle lane why not the slow lane? If the driver took that chance and caused the obstruction they are to blame.

[ubasses]

I would have thought the driver that hit him, whatever the circumstances they should have been the legal stopping distance behind. In that respect it would have been the same if an emergency stop had been required by someone in the middle lane.

[AB Editor]

Running out of fuel is not in itself an offence, from what I can tell.

There appears to be a great many debates about it online however! Some seem to suggest Clarkson said it on one show or another, so a pinch of salt would be required.

As for the creating an obstruction part, there would be a question of why they didn't get over to the hard shoulder? This seems like it could be the basis of some kind of offence.

Someone smarter will be along to answer fully for you shortly I am sure.

[JJ109]

ubasses - that = the liability of the accident.
However, did the motorist who ran out of fuel commit an offence?
I don't know, but wht Naomi says seems reasonable to me.

[vulcan42]

The person behind the car that stops has no warning anything is going to happen, running out of fuel doesn't switch on the stop lights. The person that ran out of fuel, on the other hand had plenty of warning, fuel gauge, flashing light etc, s/he should not have been in the middle lane. In my opinion that person is driving without due care and attention.

[naomi24]

Indeed, running out of fuel isn't an offence, but driving in the middle lane of a motorway when that low on fuel is a pretty dopey thing to do.

[Old_Geezer]

Maybe he wasn't in the slow lane because he was rushing to the service station as fast as he could before the fuel ran out ?

[EDDIE51]

If you hit the car in front you are guilty of an offence. A car could stop because it had a fault, I have seen it happen. I was behind a white van in the center lane of the motorway, suddenly there was a lot of smoke and the van stopped dead in the the middle lane. I managed to slow and get past without hitting it as I was a safe distance behind. It looked like the van engine / gearbox had blown up. If I had hit it it would have been my fault.
I have also run out of fuel in a hire car because there was a fault in the fuel gauge, it was still showing 1/3 full when it ran out.
Another time my fuel pump packed up so the car just stopped in the middle of the road.A common fault in old cars the fuel pump diaphragm splits without warning.

[Buenchico]

Section 7(2) of the Motorways Traffic (England and Wales) Regulations 1982 states:
"Where it is necessary for a vehicle which is being driven on a carriageway to be stopped while it is on a motorway . . . by reason of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle . . . the vehicle shall as soon, and in so far as is reasonably practicable, be driven or moved off the carriageway on to, and may stop and remain at rest on, any hard shoulder which is contiguous to that carriageway"

So it's the duty of a driver which is running out of fuel (which will normally be evidenced by it 'coughing and spluttering' for a bit before it actually stops) to get it onto the hard shoulder where it is reasonably practicable to do so.

That's not always easy. For example, I've had a vehicle I was driving break down in queuing traffic on a motorway, while I was in the middle lane. As the obstruction ahead cleared, the two lanes on either side of me started moving again, with me left stranded in the middle (and with a long queue of vehicles behind me).

As I see it, unless he blatantly ignored the warning signs that he was running out of fuel (and made no attempt whatsoever to get to the hard shoulder) the stranded driver in your question is NOT guilty of any offence. The driver who runs into the back of his car though most definitely IS guilty of 'driving without due care and attention'.

[SnookerPlayer]

Quite right Buenchico. The problem with motorways is that most drivers are so far up the rse of the vehicle in front it is very difficult to manoeuvre to the hard shoulder.

[Baldric]

Slow Lane?
Whatever happened to Left, Middle and Right/Overtaking Lanes?

[EDDIE51]

As an aside I always leave double the recommended distence between me and the car in front. This has saved me at least 3 times. As well as the van with the exploding engine I have had a lorry jackknife

[EDDIE51]

Sorry but I did not hit submit, do not know what happened.
2 A lorry jackknife in front of me and skid across all 3 lanes.
3 A car in front of me had 3 canoes on the roof rack, the rope holding them snapped and the canoes fell off, one hit my bonnet but bounced over my roof with no damage. Another car got one of the canoes jammed under it and hit the center reservation barrier.

[Grandpappy]

I too think Buenchico is correct. But, if I 'pull over' to let someone pass and I'm doing 70 am I guilty of encouraging someone to break the law by letting them pass?

[bhg481]

How can moving into a clear lane on your left after overtaking someone be classed as encouraging someone behind you to exceed the speed limit? Moving to the left after overtaking is what you're supposed to do.

[mushroom25]

// Moving to the left after overtaking is what you're supposed to do. //

oh dear bhg - that'll be construed as fighting talk by the AB members of the middle lane owner-occupier's club, who would have you believe that changing lanes is uber-hazardous....

[bhg481]

Mushie - you'll notice I was very careful not to mention BMWs.

[EDDIE51]

This could only be an offence if the driver intentionally caused a hazard / blockage. Running out of fuel is careless or stupid but NOT criminal.