clay Posted March 22, 2009 Share Posted March 22, 2009 this has probably been well covered before but a few of us were together on a site this w/end and the subject came up re. parking up in lay bys , services or indeed anywhere that could be construed as a public place over night .you sit down in the van and have a meal and a drink , now where do we stand here, have i to throw my keys over the hedge or am i entitled to use the habitation part as seperate to the cab. there was much discussion and varied opinion on this and i am sure someone will come up with the definative answer. Link to comment Share on other sites More sharing options...
Patricia Posted March 22, 2009 Share Posted March 22, 2009 Well, apart from being classed as a vagabond as you are in some counties, and being rudely awakened by the law and told to move on, one other thing I have learned from this site in the last few weeks is that officially, if parked in a layby at night, the motorhome has to be lit. So, if not removed by the police, then flat batteries! Link to comment Share on other sites More sharing options...
Mr. Grumpy Posted March 23, 2009 Share Posted March 23, 2009 Just park on the verge. Every year in June hundreds of caravans and motorhomes are parked on verges and bridal ways in Cumbria, some for up to 3 weeks, and the Police never move them on. Of course they are part of an "ethnic minority" so you may have to adopt an accent when questioned but it has worked around here for years. Link to comment Share on other sites More sharing options...
Brian Kirby Posted March 23, 2009 Share Posted March 23, 2009 Mr. Grumpy - 2009-03-23 6:10 AM Just park on the verge. Every year in June hundreds of caravans and motorhomes are parked on verges and bridal ways in Cumbria, some for up to 3 weeks, and the Police never move them on. Of course they are part of an "ethnic minority" so you may have to adopt an accent when questioned but it has worked around here for years. This is not good advice, albeit it may be what happens in some places around the country. Laybys, and verges, are all all part of the "highway" and, as such, are subject to the same laws that govern the carriageway - hence Patricia's comments above re lighting. If you are in charge of a vehicle you need to be off any kind of highway, and for safety away from any place to which the public has unrestricted access - such as motorway services or other car/vehicle parks. If you have been drinking, and are in the vehicle with the keys - and so are "in charge" of it - a police offices would be entitled to the view that you might, in the very near future, decide to drive it off. How many would actually do so I know not, but it is surely better to be certain than otherwise? Link to comment Share on other sites More sharing options...
Guest Tracker Posted March 23, 2009 Share Posted March 23, 2009 I concur with Brian's views on laybys. There are better places to park for free - they just take a bit of finding! Link to comment Share on other sites More sharing options...
Mr. Grumpy Posted March 23, 2009 Share Posted March 23, 2009 Think "irony". Link to comment Share on other sites More sharing options...
mondo Posted March 23, 2009 Share Posted March 23, 2009 Where does the rule change for truck drivers, I was a professional HGV driver for many years, and parked in countless laybyes(the price of some truckstops was and still is astronomical) Idid a little bit of cooking in the cab and in the summer stood outside and had a wash (cleanliness--Godliness and all that) for an overnight stop WHAT is the difference can anyone clarifly the situation!! Link to comment Share on other sites More sharing options...
tonyishuk Posted March 23, 2009 Share Posted March 23, 2009 All those notices saying "Take a break Tiredness can kill" and you get moved on! Rgds Link to comment Share on other sites More sharing options...
clay Posted March 23, 2009 Author Share Posted March 23, 2009 i think a few peops here are misreading this, i have never and hopefully will never park in a layby , this was muted as a for instance of the drink issue in the van. :D Link to comment Share on other sites More sharing options...
mondo Posted March 23, 2009 Share Posted March 23, 2009 The thing is a lot of foreign drivers (Eastern European) are parked up for days on end in these laybyes ,I know as I've seen em,I don't begrudge them but if the police try to move them on all they do is ,"NO SPIKKA DA ENGLISH"...gents it happens,but they litter and as for toilet facilities it's into the bushes, thats when the rats turn up. When I was driving for a living, I saw plenty of motorhomes parked up in laybyes,just before I bought mine ,I actually sat and spoke to the owner in his van,whilst in a laybye it still goes on STILL.... Link to comment Share on other sites More sharing options...
bob b Posted March 23, 2009 Share Posted March 23, 2009 If I want to get away for Easter, it may well have to be a layby !! (campsites full) Link to comment Share on other sites More sharing options...
George Collings Posted March 23, 2009 Share Posted March 23, 2009 I published this in Interchange back in 2001. Here are my thoughts concerning drink/driving. The "In Charge" law was intended to deter drivers from drinking to excess and then thinking they could stop and sleep off the worst effects in the car. As far as I am aware there has not been a case of a person sleeping in a camper van coming before a court for being "In Charge" of a motor vehicle so there is little direct precedent to draw on. Frankly my practice is that if I am in any way in charge of a vehicle I restrict my alcohol intake to keep me well below the limit. Anyone who does otherwise is a potential danger to himself and other road users and I have no sympathy for them. The onus is on the person "In Charge" to prove that there is no chance of driving until below the limit. At this point I will put my ex-policeman's hat on and consider some hypothetical cases. If the vehicle is parked in anything other than a safe and sensible position then the fact that I might require it moved would of course mean there was a chance of the driver resuming the journey therefore negating the special defence. A small rising roof van with roof up, steadies down, gas on and all the beds made up using the drivers seat as part of a bed. Driver in night attire with no shoes on. Not "In Charge"? Coachbuilt with permanent rear bed, steadies up, gas off, fully clothed driver asleep on top of bed covers. Very probably "In Charge". A-Class, driver asleep in night attire, front bed in lowered position with access to driver's seat impossible, steadies down. Not "In Charge"? A court might take a different view but I would certainly listen to what the occupants of the 'van had to say before deciding anyone was "In Charge". Remember if a constable in uniform has reasonable cause to suspect a person is or has been driving, attempting to drive or in charge of a motor vehicle on a road or public place he can require that person to provide a specimen of breath for a breath test. It is an offence to refuse and you can be arrested. A small glass of wine or a beer with a meal should not be a problem but if you want any more then get well away from any sort of road or public place and don’t move until well into the next day. Alcohol taken in large quantities can be very persistent. GC Link to comment Share on other sites More sharing options...
clay Posted March 24, 2009 Author Share Posted March 24, 2009 thanks george that was along the lines of what i was thinking, others thought different, i guess there is no safe way so its best to leave well alone Link to comment Share on other sites More sharing options...
Big Momma Posted March 24, 2009 Share Posted March 24, 2009 Like George I too am no longer a Law Enforcement Officer, although I do still work within the Law Enforcement Community and I concur wholeheartedly with the advice and opinion he has given. However, if you were travelling on a long journey and wanted to break for the night then provided that the lay-by used did not specify 'No Overnighting' then I would sugest that you would not have a problem. If the Police pulled up and found the van in darkness, curtains closed etc and you explained you had stopped for reasons of safety and would resume your journey the following day then again I would suggest that you would not encounter any problems. I tend to plan my routes in advance and decide when and where to stop, usually on a campsite but sometimes on a CL , but each to his own. :-> Link to comment Share on other sites More sharing options...
W3526602 Posted March 25, 2009 Share Posted March 25, 2009 Hi, What you need is a "time lock" on the ignition. "Sorry Officer, but I can't move my van until 8AM tomorrow". Would it be a defence to say you moved on under the instructions of a olice officer in uniform, and .... "No, perhaps he didn't know you had been drinking" ? 602 Link to comment Share on other sites More sharing options...
Rapido-lass Posted March 25, 2009 Share Posted March 25, 2009 I have used lay bys to stop over night on, but these are laybys off the road, ie they afford some safety from other road users by either an island or fencing of somekind, not the kind that are basically like a hard shoulder. They have been used because we are either on a long journey and want to get as far as we can while feeling safe to do so ( 2 drivers) and when we do stop, it is obviously far too late to turn up at any CL or site. I consider this to be sensible ie taking a break from tiredness that can kill. Not everyone has the time to do 50 miles between one site and another in a day, as many of us are not in the priveledged pensioner bracket - if only we were! What it comes down to is being sensible. We never leave mess in the laybys, we take our litter with us. We are not causing an obstruction, and we certainly don't use any that say no over night parking. We arrive late and leave early - probably only the other layby users knew we were there. And if truth be known the amount of time at the layby is less than 6 hours so will cause no problem to any day time user. Link to comment Share on other sites More sharing options...
mendipman Posted March 25, 2009 Share Posted March 25, 2009 (?) Whats a Priveleged Pensioner (?) (?) Link to comment Share on other sites More sharing options...
Rapido-lass Posted March 25, 2009 Share Posted March 25, 2009 mendipman - 2009-03-25 12:34 PM (?) Whats a Priveleged Pensioner (?) (?) it is a person who is 'priveleged in time' which is normally associated with someone of pensionable age. I guess though in this day and age it may not be as appropriate as when the saying was originated in ????(perhaps someone knows when) It is not priveleged as in class or finances - purely time. I hope I haven't offended anyone as this wasn't the intention by using this saying. Link to comment Share on other sites More sharing options...
Big Momma Posted March 25, 2009 Share Posted March 25, 2009 I too cannot wait to become a 'Priviledged Pensioner' - Priviledged to be able to travel when I wish and for as long as I wish rather than dictated by the amount of annual holiday that I am restricted to :-D Link to comment Share on other sites More sharing options...
Mel B Posted March 26, 2009 Share Posted March 26, 2009 Ooooo to be a privileged pensioner .... well retiree at least! Slight digression ... just checked with the pension service regarding my state pension - thought I'd have to pay for extra years to be able to get my full state pension when I hit the retiring age (for me it will be 66 ... in 20 years time!) but it turns out that I got extra years' credits for nowt (amazing or what! 8-) ) so where I thought I would have to boost it by paying 2 years more, I'm actually over the 30 years already! Saved me about £840!!! :-D If anyone is thinking about paying extra years though check it out before it goes up - 6 April I think is the date, and after that you'll end up paying more for the same thing, have a look at the below webpage and click on the blue text saying: "Q. How do I pay to boost my pension?" for more info. http://www.moneysavingexpert.com/reclaim/state-pension Link to comment Share on other sites More sharing options...
bob b Posted March 26, 2009 Share Posted March 26, 2009 Don't wish your life away Mel ! Link to comment Share on other sites More sharing options...
Mel B Posted March 26, 2009 Share Posted March 26, 2009 Hi Bob No I'm not wishing my life away, I'm just getting prepared for leaving work later this year ... we were due to do so last year but with one thing and another (like not selling the bungalow) we weren't financially in a good enough position to do it then, but this year we're definitely leaving ... I've well and truly had enough of working my backside off for others - being a PA is a ruddy hard job ... always at the boss's beck and call and ... oooooo don't get me started!!!! This is especially annoying while others at work get away with twiddling their thumbs and being paid good money for it and I end up like a zombie each day as my brain is frazzled and I'm knackered. The only wishing of my life away which I'll admit to is the next few months ... can't wait until I can walk in one day and give my notice ... they haven't a clue!!! Won't come soon enough though!!! Shhhhhhh ... don't tell them!!! :-D Link to comment Share on other sites More sharing options...
bob b Posted March 26, 2009 Share Posted March 26, 2009 They won't hear it from me.... Link to comment Share on other sites More sharing options...
stantheman Posted March 29, 2009 Share Posted March 29, 2009 '....priveleged (sic) pensioner bracket'? Do I sense a touch of bitterness, Rapido-lass? God willing, your turn will come! Link to comment Share on other sites More sharing options...
kelly58 Posted March 29, 2009 Share Posted March 29, 2009 mendipman - 2009-03-25 12:34 PM (?) Whats a Priveleged Pensioner (?) (?) Someone like me who has worked hard saved hard and was able to call it a day before I was 60 now every day is my or our day without having to answer to anyone and every Monday is a bank holiday just get up when you like go where you like and think sod the rest of the world this is the life great innit http://www.outandaboutlive.co.uk/forums/images/emoticons/icon_lol.gifhttp://www.outandaboutlive.co.uk/forums/images/emoticons/icon_lol.gifhttp://www.outandaboutlive.co.uk/forums/images/emoticons/icon_lol.gifhttp://www.outandaboutlive.co.uk/forums/images/emoticons/icon_lol.gifhttp://www.outandaboutlive.co.uk/forums/images/emoticons/icon_lol.gif Link to comment Share on other sites More sharing options...
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