Shocking new case involving a delivery driver who was convicted of driving without due care and attention based on where he parked his van.
R v Jenkins , Mr jenkins was a delivery driver making a delivery to premises where the driveway was inaccessible. He parked his lorry on the road adjacent to the driveway, thus blocking most of that side of the road. The location where he stopped was at, or just a short distance before, a right-hand bend. Another vehicle, traveling at between 50 – 60 mph, collided with the lorry.
He appealed on the grounds that he was not in fact driving at the relevant moment. His appeal was dismissed because he had been driving at least up to the point when he parked and alighted.
It was not a requirement that the Crown show that the defendant was STILL driving at the point of impact. The question was whether the driving played a part in causing the accident, not simply in creating the situation.
Hugely important case – be very careful where you park!
Driving without due care and attention carries 3-9 points or a discretionary ban, fines and court costs.