Motorists caught breaking major driving law this bank holiday could face hefty fines

cars in trafic

Drivers caught urinating can be fined £90

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Hemma Visavadia

By Hemma Visavadia


Published: 25/08/2024

- 09:06

One in 20 drivers have broken the rules while travelling this bank holiday

One in 20 motorists have been caught breaking a major UK driving law with experts warning it could happen again this bank holiday.

Urinating on the side of a vehicle while stuck in traffic is a common habit drivers take, especially on long journeys.


But under the Criminal Justice and Police Act, any driver caught urinating in public could face a hefty fine.

Drivers could be likely to receive an on-the-spot penalty which can vary between £60 or as much as £90 depending on the circumstance.

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Urinating in public is a crime under the Criminal Justice and Police Act

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While urinating in general does not break the law, doing it in public places is according to section 235 of the Local Government Act 1972.

The law states that to be guilty of this offence, drivers must be “lewd, obscene or of disgusting character, which outrages minimum standards of public decency”.

It details: “Take place in a public place, or a place which is accessible to, or within view of, the public.

“Take place in the actual presence of two or more persons who are capable of seeing it. It is irrelevant whether these people actually saw the act or were outraged by it.”

John Woosey, founder of Ripe Caravan Insurance, explained that the bank holiday weekend is “renowned” for traffic queues, especially on major motorways and roads.

He said: “But with few public toilets available along these routes, travellers are left with little choice when it comes to relieving themselves discreetly.

“While it can be uncomfortable to wait, we would advise motorists to think twice when it comes to timing and location of a toilet break, given the potentially huge fines – and potentially even prison sentence - that it may lead to.”

James O’Malley of Select Car Leasing warned that road users need to be aware of the risks so they’re not caught short.

He added that the motorway's hard shoulders are not a safe place to be, with countless accidents occurring there each year, many of them proving fatal.

He commented: “By pulling onto the hard shoulder when it’s not an emergency, for something like going to the toilet, you’re putting yourself and other road users in grave danger.

“The regulations are in place to try and limit the risk and you ignore them at your peril. No matter how desperate you are, or how loudly the kids are screaming about needing a wee, stay on the motorway and aim for the nearest services instead.”

Separate research from Select Car Leasing found that drivers in London were most likely to stop on the side of the road to urinate.

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Drivers can be issued an on-the-spot fine

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Meanwhile almost a third of men - 32 per cent - said they had to go to the toiler on the side of a road while 11 per cent of women said the same.

O’Malley stated: “The number of public urinals has been cut massively over the past decade but it’s not hard to find a loo on the motorway as there’s no shortage of services.

“And if you’re stuck in a traffic jam while desperate for the loo,you also need to be mindful about blocking the hard shoulder, as you might end up impeding the emergency services.”

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