Leaving Your Vehicle Running While Unattended is Illegal in Several States

If you don’t have a garage or a remote starter, you need to let your vehicle run for a while to warm up and defrost the windows. So, sometimes when it is really cold and icy, it makes sense to go back in the house to wait and stay warm. In some states, the police refer to this practice as “puffing”.  The vehicle will have puffs of smoke coming out of the tailpipe and that is what the police look for when they see puffing. If you are not in your vehicle, while it is “puffing” you can possibly be fined.

While not every state has a specific law against leaving a vehicle running while unattended, Ohio and West Virginia do have laws.  In 2004, the State of Ohio enacted a law that states, "No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition..." The fine in Ohio is $150.  In West Virginia, the law states: “No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.”

Now, anyone could get into the driver's seat, including children, and cause who knows what, either intentionally or accidentally.  Just as there can be civil and/or criminal liability for knowingly letting someone drive who is impaired or intoxicated, there is also a possibility for liability in being so reckless as to leave a vehicle unattended when running where anyone could get into it and begin operating it.

While there are criminal laws against leaving a vehicle running while unattended, there is also a possibility for civil liability. Insurance coverage might not apply to a vehicle stolen because the owner left it running while unattended. This is something you need to check your auto insurance policy or ask your agent to find out for sure. Also, if anyone is injured or any property damage occurs as a result of someone operating the vehicle who should not have been, but was able to simply because it was left running may have a claim against the owner of the vehicle (or the person who left it running unattended) for negligence. In some cases, it could even be considered grossly negligent and could result in greater liability and even punitive damages.

So, be aware of this law about leaving your running vehicle unattended in the states of Ohio and West Virginia.  Anyone could get behind the wheel of your vehicle and steal it while you leave it unattended with the keys inside and the car running . . .  it is just saying, “LOOK HOW EASY IT IS, GO AHEAD, STEAL ME.”

NOW, THAT’S REALLY SOMETHING TO THINK ABOUT, ISN’T IT?