In charge of the vehicle and alchohol

[manxli]

Hi

 

Something that came up in discussion recently. What is the position of drinking alcohol and having the keys to the MH in one's possession?

 

Obviously, if one is on private land such as a campsite, then it shouldn't be a problem. But, how about an aire or wild spot where overnight sleeping is allowed? i.e. The land is a public place. In principle, one could turn in for the night after a few beers watching the sunset and theoretically get done by a passing copper for being drunk in charge of a vehicle.

 

Any comments?

 

Alan

[AndyB]

They have to prove your intent to drive in order to charge with the offence.

[ShoelessSmith]

Being Drunk In Charge is different to Drink-Driving.

 

In theory one could be done for being in charge of anything. But to get done for that one has to be rather unreasonable or be a threat to someone. It's just a good device to scoop someone off the street if need be.

 

But if you're having a few beers and the Heddlucomes around and if you're reasonable and not doing anything else illegal then there won't be a problem. If you, and I am suggesting for a moment that you will, start becoming a problem towards the Heddlu then you could land yourself in it.

 

On the whole, one shouldn't expect a problem. Offer the constable a cup of tea and a biscuit along with a seat and there'll be no issue.

 

Malc

[manxli]

I see

 

So better not to sing a few songs about the ' Sons of Glyndwr ' in Chester late at night.

 

I remember the old times on the Isle of Man, when the local bobby would tell us which nights they were going to make 'a round'. Those were the days!

 

Will stock up on tea and biscuits just in case.

 

:-D

 

Alan

[donna miller]

ShoelessSmith - 2015-06-20 8:05 PM

 

But if you're having a few beers and the Heddlu comes around

 

Malc

 

That reminds me of the time a friend from Coventry came to stay with us, we were out for a drive and he asked why all the Police cars had Heddlu Police on them. He said " I thought we were in Gwent" (obviously used to seeing West Midlands Police on all the vehicles where he came from) And yes, he did pronounce it Head-Lu.

:D

[Arthur Brown]

Hi

Driving over the limit speaks for itself. You are driving a vehicle on a road whilst over the limit. Vehicle parked, then it would be 'over the limit in charge of a motor vehicle' However, a defence to that is that I have not driven since becomming over the limit and there is no chance of my driving whilst over the limit. The fact that you are in a motor home which is parked up, whether in an Aire or on private land to which the public have access woiuld be difficult to prove an offence if you insisted you were there for the night. . Whilst parked on private land to which the public do not have unrestricted access then none of this applies, ie camp sites etc. . This info relates to English law. Different rules may apply to other countries. That is the basic law, being nice to the police for a consideration only relates to the situation when you are in the s..t and looking for kindness. So in answer to your question, No you cannot be knocked up and done for being in charge so long as the above circumstances apply. However, to support my argument whilst out and about I put the ignition keys in the safe. I know I have access to them but it is another little point if you come accross the cop who will not take no for an answer. The point is that in the event of a problem you present your facts to the court and they will decide upon what you tell them. Parked up with the keys in the safe and having paid your Aire fee etc etc will show to the court you had no intention of driving, whether over the limit or not.

Art

[Gwendolyn]

donna miller - 2015-06-20 9:54 PM

 

ShoelessSmith - 2015-06-20 8:05 PM

 

But if you're having a few beers and the Heddlu comes around

 

Malc

 

That reminds me of the time a friend from Coventry came to stay with us, we were out for a drive and he asked why all the Police cars had Heddlu Police on them. He said " I thought we were in Gwent" (obviously used to seeing West Midlands Police on all the vehicles where he came from) And yes, he did pronounce it Head-Lu.

:D

 

OH once remarked, as we drove about locally, "Oh, there's another hotel called Gwesty." And he's Welsh...

 

Sorry, off topic.

 

Has there ever been a test case? How do people fare when using pubs in the Britstops scheme?

 

[Brian Kirby]

This is mainly a geographic thing. Aires are in France. and the heddlu are in Wales. So, scant chance of being arrested by the heddlu while on an aire! :-) The French police are highly unlikely to be concerned at you drinking while on an aire.

 

Not familiar with the heddlu, but in England the police would be unlikely to be interested in you drinking in a van if it is not on the highway. I don't think public land comes into the equation. A private road is a highway (a highway maintainable other than at the public expense, if I remember) and, so far as I know, if you are suspected of driving over the limit nipping down a private road won't help! Highways include freely accessible (surfaced) roadside places, such as laybys and other roadside parking areas, and motorway services parking areas.

 

If on public or private land which is not deemed part of a highway you should not be at risk of disturbance from the police. If on private land without the owner's permission, you may well be disturbed by the owner claiming trespass.

 

If on common land, and reported to the police, I think the police may have a power to move you on - which may then cause problems the moment your little wheels touch the highway! :-) I think the rights to use of common land (the commons) are still restricted to "commoners", though I seem to remember some legislation in the past few years, so it may have changed. So possibly worth checking if in the habit of wilding on commons. ;-)