Is it illegal to run out of fuel on the highway?

Running out of fuel on the freeway is not actually illegal. However, the inconvenience, potential cost and possible dangers mean that we certainly do not recommend it.

The Highway Traffic (England and Wales) Regulations 1982 allow for stopping on the hard shoulder "because of a breakdown or mechanical defect or lack of fuel, oil or water required by the vehicle".

It goes on to say that vehicles should be "permitted to remain stationary on that hard shoulder in such a position that no part of it or the load so carried will obstruct or cause danger to vehicles using the carriageway".

It is critical that stopping on the hard shoulder is only permitted in the event of an emergency after entering the highway.

So is it illegal to enter a highway with insufficient fuel? Lawyer Martin Langan says no, but the situation is far from clear.

"The rules on fuel simply say that stopping on the hard shoulder is allowed if you run out of fuel.

However, it may be the case to say that when you enter a freeway and you know you don't have enough fuel, then you are either driving without due care and attention, or driving without reasonable consideration for other road users."

"Of course, if you run out of fuel as a result of a sudden slowdown or stop on the highway and cause an accident, you cannot rely on running out of fuel to defend a charge of careless driving if you knew or should have known that you were running out of fuel."

The stakes are high

This is an important point. It means that while running out of fuel on the highway is not illegal, it can have repercussions if it jeopardizes the safety of you, your passengers and other road users. The fixed penalty for careless driving is £100 and three points on your driving licence.

In 2017, a motorist was fined for running out of fuel and stopping on a freeway. Freeways are obviously high speed roads with high footfall and the avoidable risks of stopping are huge.

Fortunately, there were no injuries, but the potential for a serious collision is clear.

Very little sympathy

The most serious examples will go to court, and violators may face higher penalties. Courts can issue unlimited fines and add nine points to a licence, but fines are unlikely to exceed £5,000. 2019 saw a driver fined £2,000 for running out of fuel on a road near an overpass.

We have little sympathy for drivers who run out of fuel on the freeway. There is no excuse for entering a freeway low on fuel, or if you know your car is having problems. Breakdowns can put you and your passengers at very high risk - many fatal accidents on freeways involve stationary vehicles.

What happens if I run out of fuel on the highway?

In addition to the risk of fines, running out of fuel on the highway means that you will need to refuel or have your vehicle towed at the side of the road.

Patrols carry drums with enough fuel to take you to the nearest gas station. Some patrols are also equipped with on-board EV chargers.

If you're not a member of a breakdown organization, use the emergency phone - located at one-mile intervals along the highway - and ask for recovery. But expect to pay a hefty fee for the privilege.

Overall, the message is clear. If you are traveling on the highway, be sure to refuel first.