the general Posted October 13, 2013 Share Posted October 13, 2013 Down the workies club last night a motorhome owner said you can be done for sleeping in a motorhome ( on the side of the road /lay-bys ) if you are over the legal limit thru drink. Is this correct, surely if you are bedded down for the night you are not intending 'to drink and drive' even thou you have the keys in your possession ? Please can anybody comment on the legal side of things. Link to comment Share on other sites More sharing options...
Tracker Posted October 13, 2013 Share Posted October 13, 2013 The expression is 'drunk in charge of a vehicle' and regardless of whether you are asleep or awake as long the vehicle is driveable and you or anyone else in the vehicle has the keys then you are technically in charge of it. Quite what would happen if you have a co driver who is not over the limit holding the keys I have no idea? I can't remember whether that applies off road such as on a site or an Aire, or even your own driveway, but I suspect that it well might? Link to comment Share on other sites More sharing options...
Will86 Posted October 13, 2013 Share Posted October 13, 2013 A layby is part of the highway and yes you are liable, probably on someones driveway as well particularly if you were holding the keys, such as after a family get together. Some pubs allow overnight stays so it would be adviseably there to leave the keys with the landlord. All the time you hold the keys you are 'in possesion'. If on a camping ground then you would have made a payment and contracted to remain there for the set time agreed (presumably). Link to comment Share on other sites More sharing options...
EJB Posted October 13, 2013 Share Posted October 13, 2013 If on private land the police will not interfere......unless they actually follow you from the highway. On the highway and it's confines you are subject to the normal laws. Private land does of course include pub car parks and driveways etc. A well known ex PC suggested that if you were 'parked up' in a layby and in your pyjamas they 'probably' wouldn't bother! Link to comment Share on other sites More sharing options...
Southender Posted October 13, 2013 Share Posted October 13, 2013 You`re going to get all sort of answers and everyone will claim their answer is right one. Easiest way if you are overnighting in a layby is not to have a drink Link to comment Share on other sites More sharing options...
Tracker Posted October 13, 2013 Share Posted October 13, 2013 Southender - 2013-10-13 5:21 PM You`re going to get all sort of answers and everyone will claim their answer is right one. Easiest way if you are overnighting in a layby is not to have a drink Easiest and safest way is not to overnight in laybys!! Link to comment Share on other sites More sharing options...
hallii Posted October 13, 2013 Share Posted October 13, 2013 Lock the keys in the safe. Give wife the key to safe. Get drunk. Life is simple :-) H Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted October 13, 2013 Share Posted October 13, 2013 "The more corrupt the state, the more numerous the laws." - Tacitus I go along with the Italian healthy disrespect for stupid laws, your not driving drunk so where is the problem... I have seen this with my own eyes. cop asks you to move on, you say in the morning, as I have had a drink....they shrug and walk away. We are scared of our own shadows in the UK.... brow beaten or what. was on a unofficial aire at lake como during the summer, cops turned up knocking on windows..all the northern Europeans skedaddled..the Italians did not even bother getting out of bed! cops just gave up and drove away... Link to comment Share on other sites More sharing options...
shaggy Posted October 13, 2013 Share Posted October 13, 2013 Technicality in the law, two people cannot be done for the same motoring offence. So if there are two of you in the van, and neither one of you has the keys in your possession i.e. they are on the table,and no one is sitting in the drivers seat then there would be no way to prove who was in charge. I know this from personal experience of many many years ago when I was sleeping in a car with the keys on the dashboard and a friend in the car after a party. The Police came and arrested us both, only to release us due to the above technicality. Not something I am very proud of but it was in my early twenties. Gavin Link to comment Share on other sites More sharing options...
the general Posted October 13, 2013 Author Share Posted October 13, 2013 Reading the posts it does seem a grey area. But I mean it got to be obvious to the police if you are I the back of a mh/ camper sleeping etc you are not going to drive anywhere ! Link to comment Share on other sites More sharing options...
Guest peter Posted October 13, 2013 Share Posted October 13, 2013 Tracker - 2013-10-13 5:32 PM Southender - 2013-10-13 5:21 PM You`re going to get all sort of answers and everyone will claim their answer is right one. Easiest way if you are overnighting in a layby is not to have a drink Easiest and safest way is not to overnight in laybys!!Where are you going to camp then? I thought that was your modus operandi. (lol) Link to comment Share on other sites More sharing options...
crinklystarfish Posted October 14, 2013 Share Posted October 14, 2013 Police tend to take a pragmatic approach and 'in charge' offences are usually the fallback if they can't prove driving - like in cases where you've had a crash, parked up, and dived in the back and are denying all knowledge. It wouldn't usually be used to persecute someone asleep or watching TV in the back of a motorhome as long as it was clear there was no prospect of the drunkard taking to the wheel. That said, it could be used if you got a particularly awkward officer or if there were exacerbating factors. It's always a risk and the 'public place' component of the offence means it's possible technically to commit it on a campsite as well as the more obvious layby / car park etc. Yes, really! There's a defence: It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit. You pays yer money... Link to comment Share on other sites More sharing options...
Tracker Posted October 14, 2013 Share Posted October 14, 2013 peter - 2013-10-13 10:21 PM Tracker - 2013-10-13 5:32 PM Southender - 2013-10-13 5:21 PM You`re going to get all sort of answers and everyone will claim their answer is right one. Easiest way if you are overnighting in a layby is not to have a drink Easiest and safest way is not to overnight in laybys!!Where are you going to camp then? I thought that was your modus operandi. (lol) It may be your idea of fun but it has never been my idea of off site camping, so I'll leave you to it. Link to comment Share on other sites More sharing options...
michele Posted October 14, 2013 Share Posted October 14, 2013 I,m gonna come back just to tell you two off for bickering .Pair of buggers ...Peter you are such a wind up merchant thats 4,2,8 on the crossword puzzle :D Link to comment Share on other sites More sharing options...
Tracker Posted October 14, 2013 Share Posted October 14, 2013 michele - 2013-10-14 1:32 PM I,m gonna come back just to tell you two off for bickering .Pair of buggers ...Peter you are such a wind up merchant that's 4,2,8 on the crossword puzzle :D It's not really bickering Michele. That grumpy and irritating old git Peter is obsessed with having jibes at me - nobody else - just me - and his grudge goes back a long time but he, like one or two others on here, is too bigoted and small minded to get over the past and move on - and so it goes on, and on, and on, and on ....................................................... will he ever stop?. Link to comment Share on other sites More sharing options...
michele Posted October 14, 2013 Share Posted October 14, 2013 No ! :D :D :D :D :D :-S :-S Link to comment Share on other sites More sharing options...
Tracker Posted October 14, 2013 Share Posted October 14, 2013 michele - 2013-10-14 2:01 PM No ! :D :D :D :D :D :-S :-S Gee thanks - that's very gratifying to know!! Link to comment Share on other sites More sharing options...
tonyishuk Posted October 14, 2013 Share Posted October 14, 2013 I would think twice before sleeping and drinking (or vice-versa) in a layby. Apart from Mr Plod knocking on the door at 2 am, asking after your well being, and hoping for a cup of tea, (Duty at night can be quite boring at times :D ) It is also a matter of being up quick enough to wake up to stop the local ethic nertowells removing your wheels for scrap. Rgds Link to comment Share on other sites More sharing options...
Guest pelmetman Posted October 14, 2013 Share Posted October 14, 2013 Spent Friday night on a friends Drive after drinking...................Spent Saturday night outside my brothers after drinking...............Catch me if you can Mr Plod >:-) Link to comment Share on other sites More sharing options...
crinklystarfish Posted October 14, 2013 Share Posted October 14, 2013 I'm pretty certain they have much more pressing matters. Link to comment Share on other sites More sharing options...
Barryd999 Posted October 14, 2013 Share Posted October 14, 2013 No Chance!! I wouldnt really stay in a layby on a main road but I mainly wild camp. Ive been parked in a rural layby by the sea in Scotland, sat in my chair on my fifth can of Stella and the coppers pulled in to have a chat. One of them was thinking of buying a motorhome! Wanted to pick my brains! I know, me of all people! I even offered him a beer! :-D I agree with Judge and the Italians. You always here the old chesnut "What if your asked to move on?" Easy. Tell em to get lost as your currently Pi$$ed! We really are scared of our own shadows in this country. Link to comment Share on other sites More sharing options...
Colin Leake Posted October 15, 2013 Share Posted October 15, 2013 Being drunks only half the problem the knives you have aboard could be added to the charge sheet! A life sentence at the very minimum I'd say and quite right to. Link to comment Share on other sites More sharing options...
Barryd999 Posted October 16, 2013 Share Posted October 16, 2013 Colin Leake - 2013-10-15 10:18 PM Being drunks only half the problem the knives you have aboard could be added to the charge sheet! A life sentence at the very minimum I'd say and quite right to. A customs bloke entered our van last year at Dover and actually said "Do you have any knives on board?" Eh? Just a few, we do have a kitchen! Link to comment Share on other sites More sharing options...
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