Love Is In The Car, Everywhere You Look Around…

I’m sure Hallmark and other greeting card companies want us all to believe that the romantic sentiments of Valentine’s Day are nothing but good for the heart! However, to some, the friskiness that can often accompany romantic intentions could land you in trouble with the law if you choose to express yourself whilst in your car!

Kissing in the car:

There is nothing wrong (legally) with having a quick kiss in the car whilst the engine is turned off and you are safely parked up. If, however, the vehicle is being driven, even if stationary but with the engine on, and the kiss results in the motorist being in a position which does not give proper control of the vehicle or a full view of the road or traffic ahead then the driver would be liable to receiving three penalty points and up to a £1000 fine.

Nudity in the car:

I’m sure most of us can relate to the odd peck with your loved one when in the car but I’m not sure stripping off in one’s car is everyone’s cup of tea! Just in case you were thinking of a naked drive this Valentine’s then please be advised that you may fall foul of exposure laws if you are actually nude in the car. The law covers situations in which a person exposes their genitalia to a male or female witness. The motive behind the exposure would be important here. The offence is designed to protect the public against the alarm or distress of witnessing such exposure.

Those who saw the recent documentary covering the antics of Steven Gough, The Naked Rambler, may feel that you have the right to be naked wherever and whenever you want but  if you  deliberately expose your most private parts intending that they be seen by members of the public, and intending that the witness would be alarmed by seeing them, then you could be liable to a maximum of two years imprisonment. The offence is more serious if the exposure is witnessed by a child, or if the offender behaves aggressively.

Arguably, the likelihood of a person being seen whilst in a car is relatively low, given the seating position and the witnesses’ eye line whilst passing.

Sexual activity in the car:

How did we get from a harmless kiss to this??? Well, it can happen and whilst sexual activity in the car would inevitably require exposure, it is unlikely that the indecent exposure offence would cover this situation. The fact that the individuals decide to have sex in the car suggests that they are choosing some degree of privacy (over for example having sex in a field). If that is accepted, then it is further unlikely that the intention of the couple would be to cause alarm or distress to others.

There is however a possibility that the couple may be guilty of the common law offence of outraging public decency. To be guilty of this offence the couple’s act must be considered lewd, obscene or disgusting. It must be committed in public. Sex in a public place has been found in historical cases to outrage public decency. The location of the vehicle, and the likelihood of being caught is of upmost importance. Clearly if the car is situated in a busy park with many passers-by then the likelihood of being caught, and the seriousness of the offence would increase. If, however, the car is parked in a remote area to which the public have no access then the couple are arguably safe to do as they please.

The offence carries a maximum sentence of life imprisonment so maybe the advice to “get a room” would be worthy of following in this situation!

I can honestly say I have never encountered a client needing my motoring law advice for any of these situations so hopefully, this blog will serve more as titillating entertainment than helpful advice.

I think it is fitting to end with one more pearl of wisdom, this time from the genius that was Albert Einstein:

Happy Valentine’s Day everyone!

Jeanette Miller
Managing Director