Geoff Bell Posted August 6, 2006 Share Posted August 6, 2006 Having just looked at a site mentioned earlier by Enrico I picked up this tip regarding 'wild camping' . If you want to overnight somewhere carry a broken fuse and replace it with the vehicle lights fuse. If Mr Plod or anybody questions your intentions demonstrate the failure of your vehicle lights and explain you had no option until you can fix the problem in the morning. There must be loads of different excuses fellow motorhomers have given when faced with no other option than just pulling over in a layby, and I would be intrigued to hear them. Link to comment Share on other sites More sharing options...
howie Posted August 6, 2006 Share Posted August 6, 2006 How about drunk as a boot Geoff. But then again maybe not. Link to comment Share on other sites More sharing options...
Geoff Bell Posted August 6, 2006 Author Share Posted August 6, 2006 Thats a good point. There must be different laws for motorhomes as I think you can be done for 'Drunk in charge' even if parked up in a car. I expect someone will clarify that one if I,m wrong. Link to comment Share on other sites More sharing options...
howie Posted August 6, 2006 Share Posted August 6, 2006 Don,t quote me on this Geoff, but i,m sure I read somewhere that if you could prove you were parked up for night e.g. bed made up and wearing pyjamas, it would o.k. Howard. Link to comment Share on other sites More sharing options...
MOTORHOMER Posted August 6, 2006 Share Posted August 6, 2006 And ignition key locked away & not left on your person or in the ignition. Motorhomer Link to comment Share on other sites More sharing options...
chas Posted August 6, 2006 Share Posted August 6, 2006 Is this what so called wild camping as come to ,telling lies to the police. chas Link to comment Share on other sites More sharing options...
howie Posted August 6, 2006 Share Posted August 6, 2006 Then again why should we have to make excuses when in most cases we are merely catching a few hours sleep. We all pay our road tax and insurance and leave no mess in our wake. Compare this to tinker/travellers where another set of rules apply making their stay as comfortable and profitable as possible. But there we are. Long ago I came to the conclusion that every thing in our country was run bum backwards. Howard. Link to comment Share on other sites More sharing options...
Guest starspirit Posted August 6, 2006 Share Posted August 6, 2006 Exactly Howard. There is no way I am going to make excuses, tell porkies, or anything else underhand. I think you may find that the drunk one will land you in all sorts of problems because my understanding is that if you are in any part of any motor vehicle and unfit to drive, with or without keys, you are breaking the law. Doubtless an expert will put me right if I'm wrong but as a non drinker it does not apply to me so I never bothered to find out. Link to comment Share on other sites More sharing options...
howie Posted August 6, 2006 Share Posted August 6, 2006 Tell you what Richard. Re. drink. What is needed is a test case so we all know where we stand. Seeing that this was all started by Geoff, ask him if he has anything planned this weekend. Howard. Link to comment Share on other sites More sharing options...
Guest starspirit Posted August 6, 2006 Share Posted August 6, 2006 I think Geoff only drinks goats milk Howard? Link to comment Share on other sites More sharing options...
Dave Newell Posted August 6, 2006 Share Posted August 6, 2006 Hi all, I beleive the situation is that you cannot legally sleep in a vehicle on the public highway. Normal laybys are actually still part of the highway and therefore you may not legally sleep in them (catching fourty winks on a journey is generally accepted I beleive). You may legally sleep overnight in laybys that are separated from the highway by a kerb (lowered of course) or row of bricks set into the ground as these are then no longer part of the highway. As for drinking, there is a bit of greyness to this. If you were on a camp site and had consumed a few drinks you would be over the drink drive limit but there is an offence committed if you are found "drunk in charge" of a vehicle. The question is what constitutes being in charge? In theory if you were in your own house and had the keys of your car in your pocket and had consumed a few drinks does that make you "drunk in charge"? If not then how about on a campsite, the 'van's all set up, steadies down, seats swivelled, silver screens on but the keys are in your pocket and you've had a few. Are you now "drunk in charge". what if you put the keys away in a cupboard before you start to indulge, are you still in charge? do you need to have the keys on your person to be classed as in charge or is just knowing where they are enough? Will anyone on a campsite ever be breathalised? I doubt it unless they have been followed in by the police. Will you get done for "drunk in charge" if you are sleeping in a layby and claim that you cannot drive because you've had a drink? I'd put money on it! D. Link to comment Share on other sites More sharing options...
chas Posted August 6, 2006 Share Posted August 6, 2006 Hi Howard, I think we started of about parking overnight in laybys, and as regards test cases in law, well most of the laybyes I have pulled up in, have nearly always had signs forbidding overnight sleeping, and these signs have been erected by the council of that particular region, so unfortunatly no test case is likely to happen as its already the law. Personaly I would never park overnight in a laybye, but I feel we underestimate the understanding of the local police, for one thing they are too stretched to worry about such things, unless you are parked all over the place, giving the inpression of somethink wrong. If they did knock you up in the night it would probably be out of curiosity to check that the vehicle had not been abandoned by theives, also I belive if you were straight with them and said you were tired out and need a few hours sleep and would be on your way in the morning , that would be enough for them. A lot depends how you come over to them if you give them respect and let them know you understand what they are saying and not start being bolshy all would be well. chas Link to comment Share on other sites More sharing options...
Geoff Bell Posted August 6, 2006 Author Share Posted August 6, 2006 Well maybe I,ve brought up a topic which is only hyperthetical. I have never been moved on, but then I have never parked up in a layby. I generally do not wish to wild camp, but there have been times when I,ve been close to needing sleep without the knowledge of an authorized parking area nearby. So has anybody ever been challenged by the police and what was their experience. Maybe excuses are not needed. I can be polite if people are reasonable to me. Would I be pushing my luck if having parked up I had a glass of wine. Somebody must have been there done that. I see lorries parked up all over the place, is there a different rule for them because they are not enjoying themselves. Where can we find out this information. Every Motorhomer should know. I'm specifically talking about UK. We all know that the rest of Europe is a Free Democracy which likes to encourage well being amongst it populus, but here theres nothing like A BIT OF RED TAPE to get you goat (There it is again) Link to comment Share on other sites More sharing options...
Guest starspirit Posted August 6, 2006 Share Posted August 6, 2006 We were woken by a blue flashing light and voices in a lay by in Scotland many years ago. On opening a window the copper asked if all was OK, I said yes thanks, and he goodnight and was on his way. Does a local authority placing a no overnight parking sign constitute a law, a bylaw, a silly rule, or just wishful thinking? Does it then follow that no sign = OK to park up and kip? Link to comment Share on other sites More sharing options...
Brian Kirby Posted August 6, 2006 Share Posted August 6, 2006 [QUOTE]howardtcz - 2006-08-06 12:55 AM Don,t quote me on this Geoff, but i,m sure I read somewhere that if you could prove you were parked up for night e.g. bed made up and wearing pyjamas, it would o.k. Howard.[/QUOTE] Not if you're on a public road or layby etc. You must be able to move your vehicle if so requested. If you're on privale land Mr P won't trouble you as his jurisdiction won't extend there. If the landowner turns with a shot gun you might wish you could leave, though! Link to comment Share on other sites More sharing options...
Double Posted August 6, 2006 Share Posted August 6, 2006 I was told recently by another motorhomer who had looked into the legality of the matter that you may park up overnight anywhere (other than where there are prohibiting signs) provided that you do not have the motorhome step down. You are not regarded as camping. Anyway, that is what I was told! John Link to comment Share on other sites More sharing options...
Geoff Bell Posted August 6, 2006 Author Share Posted August 6, 2006 It gets more intriging by the minute. I wonder if making a cuppa is considered to be camping. I,m rapidly coming to the conclusion that nobody really knows the laws regarding motorhoming in UK. Perhaps we are just assuming that its illegal just because it is the UK. Doesn't look like anyone has ever been moved on or nicked. Link to comment Share on other sites More sharing options...
smifee Posted August 6, 2006 Share Posted August 6, 2006 re drunk in charge:- you need to be able to prove that there was no possibility of your driving. mr plod asks in conversation "what would you do if the vehicle parked in front of you caught fire?" if you say you would drive your MH out of the way then the next question is "can you blow into this please?" mike Link to comment Share on other sites More sharing options...
chas Posted August 6, 2006 Share Posted August 6, 2006 If you are in a lay bye its part of the highway, and as such the police can ask you to move on, its no good trying to mention to them points of law, they have one section under it they can use at any time if they wish and its called obstruction and it will work for them every time. chas Link to comment Share on other sites More sharing options...
David Dwight Posted August 6, 2006 Share Posted August 6, 2006 Re Wild camping in Scotland it is legal as long as it is not on private land and near a water course. Ther is a good web site on camping in Scotland. David Link to comment Share on other sites More sharing options...
spartan3956 Posted August 7, 2006 Share Posted August 7, 2006 There`s been a lot of weird things been stated about the law and wild camping, I have never had a problem and parked all over the place for a one night break in my travels. My favourite are industrial estates you get an early morning call when the workers roll up. Most lorry drivers have the area sorted. The highways act includes any part of the road ie layby viaduct and of course the pavement. which is illegal to park on anyway. Its common sense not to cause an obstruction and if asked to move you would, if you didnt you would be arrested for wilful obstruction. You can park where we want in reason and the police will ignore you in fact they will make sure your alright and warn you if there could be a problem, step in or out. As for local orders they come under bylaws and it would be rare for the police to report you for that summary offence more like a council enforcement employee and by the time they start work you are long gone. As for making a cock and bull excuse up they are not daft and would see through that straight away dont forget they deal with the dregs of society and they have heard all the excuses known to man. As for the law on drunk in charge dont do it and you wont have to have a defence. Pete Link to comment Share on other sites More sharing options...
Guest starspirit Posted August 7, 2006 Share Posted August 7, 2006 When travelling late at night one sees lots of lorries parked up in lay bys. Many of them have cab curtains pulled and the driver is asleep and I am unaware of any of them ever being moved on so why then should we not be able to do exactly the same - unless HGVs have a special dispensation to park up when the need or tacho demands? Link to comment Share on other sites More sharing options...
Dave Newell Posted August 7, 2006 Share Posted August 7, 2006 Starspirit, you will find the trucks are parked in the type of layby that is separated from the highway by a row of kerbstones or bricks, this means it is not part of the highway and the truckers, and you, can legally stop there and sleep. The other point is that truckers have to take certain rest stops at defined intervals (45 mins after 4.5 hours driving and 8 hours after 9 hours driving if I remember correctly but I'm sure there are a few of us who drive trucks who can correct me). They can only exceed these driving hours under certain circumstances. If they have been delayed on their journey then they must pull over at the first opportunity and take the apropriate rest break. motorhome drivers are not required to do this and can quite legally, if not sensibly or safely, drive for as long as they wish without taking a break. Oh yes, wild camping tips, we have stopped overnight in some lovely spots that are technically not allowed but we only ever stop for sleep and find a quiet spot, away from major roads. We park up as un-obtrusively as possible and have a quick meal, no alcohol in case we have to move, and settle down for the night. I don't actually consider this "camping" as such, just taking a sensible sleep break. We have never been disturbed (but we only do this occasionally)or moved on. D. D. Link to comment Share on other sites More sharing options...
howie Posted August 7, 2006 Share Posted August 7, 2006 What if you are asked by the police to move your van but refuse because you have been drinking ?. I think we all agree with Pete on this one. No drink. No problem. Link to comment Share on other sites More sharing options...
Dave Newell Posted August 7, 2006 Share Posted August 7, 2006 No drink no problem, absolutely right! If you were asked to move your vehicle and refused on the grounds of having had a drink the constable has two options; he can book you for obstruction and/or drunk in charge. He could, of course, ignore it and leave you be but that's unlikely bearing in mind he's just asked you to move, why? Because in his opinion you are causing an obstruction. Never, ever, ever try to use drink as an excuse to a policeman, they have a variety of offences they can chuck at you; drunk and disorderly, obstruction, drunk in charge, driving under the influence etc. D. Link to comment Share on other sites More sharing options...
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