A Legal Question

[Guest Stuartl]

I have a question that might sound trivial but could have major implications if I get it wrong!

 

I am about to start some contract work which will involve me staying away from home 3-4 nights a week.

 

I am considering getting a small motorhome or most likely a campervan so I can keep more cash for my 'hood!

 

The question is:

 

 

If I had, for example a Transit or VW Campervan and I parked legally in a lay-by, would I be able to sit in the back, put the tv on AND have a glass or two of wine if I wanted??

 

I knew of somebody who had a night out and a few drinks, slept in his car and lost his licence for being drunk in charge of a motor vehicle even though he had no intention whatsoever of driving until next day (when he assumed he would be within the legal blood/alcohol limit).

[Guest Ian & Carole]

I feel the "In charge of " is the answer to your question.

 

Being on your own in the vehicle with the keys accessable to you, you are "in charge"

 

I also think that you are not allowed to sleep in a lay-bye.

 

Best bet is to try and find a freindly pub landlord and see if you can sleep on his land.

 

Sure Rich will be along soon.

[miikae]

A layby is a no no , try to find a little campsite to be on the safe side.

 

Mike

[agent_zed]

this is a strange one that ive wondered about as lorry drivers sleep in laybys (mostly in their lorries) so why can't anyone else.

[Guest Stuartl]

A layby is a no no , try to find a little campsite to be on the safe side.

 

Mike

 

 

A campsite would be ideal but maybe not always available especially at this time of year.

 

Its an interesting one isnt it?

[Swan Jnr]

best bet might be to go on the wagon for the three/four nights you're away.

tough i know but you;ll save even more money!

 

paul

[Guest Stuartl]

best bet might be to go on the wagon for the three/four nights you're away.

tough i know but you;ll save even more money!

 

paul

 

Bloody hell Swan, thats a big ask!!! :D

[Andi]

I would imagine that if the keys were not found to be in the vehicle you would be ok

[Guest Stuartl]

I would imagine that if the keys were not found to be in the vehicle you would be ok

 

I thought of that but would drive it there for the night so short of handing the keys into the local nick its a no

[enforcer]

There's a lot of stated cases around being 'in charge' of a motor vehicle when unfit through drink or drugs, or over the prescribed limit. If you are in the vehicle, have the keys to it and are over the limit you are committing an offence. The prosecution would need to prove an intention to drive, but you would be on very thin ice parked on the highway (even if in a layby - the 'highway' runs from hedgerow to hedgerow in old speak). It would be a harder position to prove your intention to drive if you were off the road in a campsite for example. Even if you had a good chance of getting off in court my convincing the bench that you did not intend to drive why would you even want to consider putting yourself through that!

 

Drink -drive law extends to further than 'the road' as we know it. Any place to which the public has access (through payment or otherwise) can be held to be a road. So Asda's car park, a filling station, railway station car park etc - all 'in play' for the police. Many have lost their licences sleeping off a session in a pub car park thinking that they were safe from prosecution.

 

I honestly don't recall any legislation that states you cannot sleep in a layby, but I'm not saying it doesn't exist! If you were going to go down this route I would advocate sticking to just the one glass of wine, and finding somewhere off the highway to sleep. Never mind the law, do this for your own safety Stu. You might be all snug and warm in the land of nod in the Mystery Machine when 38 tons of East European goods come rumbling up the road with it's driver slowly nodding off ......

 

If I can find any case law I'll let you know

[Guest Stuartl]

There's a lot of stated cases around being 'in charge' of a motor vehicle when unfit through drink or drugs, or over the prescribed limit. If you are in the vehicle, have the keys to it and are over the limit you are committing an offence. The prosecution would need to prove an intention to drive, but you would be on very thin ice parked on the highway (even if in a layby - the 'highway' runs from hedgerow to hedgerow in old speak). It would be a harder position to prove your intention to drive if you were off the road in a campsite for example. Even if you had a good chance of getting off in court my convincing the bench that you did not intend to drive why would you even want to consider putting yourself through that!

 

Drink -drive law extends to further than 'the road' as we know it. Any place to which the public has access (through payment or otherwise) can be held to be a road. So Asda's car park, a filling station, railway station car park etc - all 'in play' for the police. Many have lost their licences sleeping off a session in a pub car park thinking that they were safe from prosecution.

 

I honestly don't recall any legislation that states you cannot sleep in a layby, but I'm not saying it doesn't exist! If you were going to go down this route I would advocate sticking to just the one glass of wine, and finding somewhere off the highway to sleep. Never mind the law, do this for your own safety Stu. You might be all snug and warm in the land of nod in the Mystery Machine when 38 tons of East European goods come rumbling up the road with it's driver slowly nodding off ......

 

If I can find any case law I'll let you know

 

 

Thanks!

 

I think a B&B it is then!!

[Big Jim]

Get a caravan and camping booklet from your local newsagent, there are millions of "5 van" sites around the country (within a few miles of my home I know of at least 4) They are usually farms with a small area of land authorized to allow up to 5 units "camping"

for a few shillings you can then make your decision if it;s a motorhome, or B&B

[Guest mikea]

Shillings .... ?

 

Chorley still not gone decimal ?

[DAVE CASTLE]

never catch on up here that decimal stuff

Dave

[Guest Stuartl]

Get a caravan and camping booklet from your local newsagent, there are millions of "5 van" sites around the country (within a few miles of my home I know of at least 4) They are usually farms with a small area of land authorized to allow up to 5 units "camping"

for a few shillings you can then make your decision if it;s a motorhome, or B&B

 

Mmm thats worth a look Jim, thanks!