Caught short while driving? Here’s everything you need to know about urinating on the side of the road, from prosecution via CCTV to fines of up to £2,500.
When faced with a long journey, most motorists will need the loo at some point. The risk is exacerbated in cold winter weather when you might find yourself snarled up in traffic, while drivers with families might also hear the dreaded ‘I need a wee!’ exclamation coming from the back seat.
If there’s no public toilet or service station in sight, it can be tempting to pull into the nearest layby to relieve bladders.
But doing so can land you in hot water with the law - and there are numerous ways in which you can be prosecuted, depending on the rules set out by the local authority.
Some councils utilise CCTV to snare road-side urinators while others will even monitor social media complaints to identify wild wee hot spots.
Here we explain everything you need to know:
What the law says about weeing on the side of the road
Mr Conway says: There are a number of ways you can be prosecuted. If you’re caught, you’re most likely to be hit with a fixed penalty notice under Section 5 of the Public Order Act 1986, with fines of up to £90. But each local authority will have their own rules. In some cases, public urination is treated as ‘littering’, as laid out by the Environmental Protection Act 1990. There have been cases where motorists have been threatened with fines of up to £2,500 for failure to pay the initial fixed penalty notice for liquid littering.
CCTV and social media
Councils use CCTV to snare offenders. In the very worst case scenario, motorists who stop for a wee could also be hit with a charge of indecent exposure, under the Sexual Offences Act of 2003, which could even attract a prison term. Some councils have also admitted monitoring complaints on social media about urinating in public so that officers can be dispatched, or CCTV deployed, at hotspots.
Stopping to let child have a wee
By the letter of the law, if you stop in a layby to let a child have a wee and an officer is there to catch you, the driver of the vehicle could be hit with a fine. But we’d all hope for leniency in such circumstances. Where you will definitely be prosecuted, though, is if you stop on a motorway hard shoulder for a child to have a wee. The hard shoulder is there for ‘emergency’ reasons only - and an urgent wee is unlikely to be considered a valid emergency. Improper use of the hard shoulder results in a £100 fine and three points on your driving licence.
Common myth busted
There’s a commonly-held belief that it’s legal to have a wee outside as long as it’s next to the rear wheel of your vehicle. But it’s a myth - there’s no such law. You’re just as likely to be prosecuted if caught.
Weeing in bushes at motorway services
Too desperate to make it inside the motorway services and opt for a wee in the bushes or against the wall outside instead? Again, you could be prosecuted. In recent years police have even erected posters at popular service stations to warn motorists against the habit following complaints that drivers were taking a leak in bushes in close proximity to picnic benches.
Needing a wee is a major driving distraction
Motorists should make travel plans with wee stops in mind and not leave it until it’s simply too late. And it’s not just about avoiding fines. Needing a wee while behind the wheel can become a dangerous distraction. If your driving skills become seriously impaired as you try to hold it in, and you cause a crash, you could be hit with a charge for careless driving, which carries a fine of up to £5,000 and up to nine penalty points on a licence.
Holding in wee is seriously bad for your health
Suppressing your wee can also cause serious health issues. One of the most common side-effects of swerving a toilet pit-stop is a urinary tract infection (UTI), which comes as a result of pee retention that ultimately causes bacteria to multiply and spread. UTIs can be really painful and can last for weeks in complicated cases. Kidney stones – another potential problem posed by not urinating often enough – can also be excruciating with some sufferers even likening the condition to the pain of childbirth.
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