Court of Appeal: R v OFM

Today the Court of Appeal handed down its decision in R v OFM [2026] EWCA Crim 599 on the scope of “driving” under the Road Traffic Act 1988. It found standing outside a car and switching on the ignition constitutes “driving”. Seemingly, the act of starting an engine amounts to controlling a vehicle’s movement, even if no other controls are used, and is therefore an activity considered to be within the ordinary meaning of “driving”. The judgement offers a useful reminder of the need to exercise caution at all times and the risk of prosecution for failure to do so. Of course, where incidents do occur, it ultimately remains a question of fact.