What ARE the rules?

ChrisG46 · 10-05-2009, 14:39

I was watching a weird item on the BBC East (Look East) news on Friday night. They had an item about Clacton council banning motorhomes from being used overnight on the seafront road.

There was a lady with a panel van conversion doing the complaining, and a councillor trotting out criticism of motorhomers tipping "nasty waste" down the drains.

My understanding is that overnighting in your motorhome on public roads is a no-no in the UK anyway - does anyone have a through knowledge of the real rules?

Ta!

Boo · 10-05-2009, 15:34

Hi Chris,

Well, as the law stands you could park wherever you want mate...........travellers do!

Takes about 4-8 months to get evicted

As far as local by-laws.................I really havn't a clue but I am sure there will be someone along any min that does

Boo

GJH · 10-05-2009, 16:08

From the investigations I've made (still awaiting some responses to enquiries) there appears to be no national legislation either allowing or preventing any vehicles being used for overnight sleeping on public roads.

Parking legislation is, in the main, devolved to local authorities. Where there is a two tier system, county councils are usually responsible for on-road parking and district councils are responsible for off-road parking (though sometimes district councils have responsibility for on-road parking as well).

There have been a number of reports over the years of some motorhomers "tipping "nasty waste" down the drains" and, whilst some may not be true, it would appear that many are true. If you are sufficiently interested, Chris, it might be worth sending a Freedom of Information request to Tendring Council (which covers Clacton) asking them to provide the evidence on which the councillor based his claim (or Essex CC if it was a county councillor).

It is also the case that some motorhomers will deliberately flout "no overnighting" rules because they think that they are above the law and, on occasion, that has led to daytime bans as well as overnighting bans.

What is definitely the case is that local authorities have to strike a balance between all sections of the community. If councillors are faced with complaints from residents about the behaviour of motorhomers whilst hearing little or no evidence of the positive benefits which visitors in motorhomes bring to their towns then they will act on those complaints and bans will result.

What is needed is for responsible motorhome owners to make positive approaches to local authorities in which they live and/or wish to visit, pointing out the benefits which can accrue to areas which provide facilities for motorhomes.

As regards travellers, the situation is complicated because most of their number are able (rightly or wrongly) to claim the protection of the Race Relations Act. Even where they claim such protection without justification the local authority involved has to prove that. The eviction process is something which local authorities are stuck with rather than something they welcome.

Graham

hilldweller · 10-05-2009, 17:14

Quote:

Originally Posted by ChrisG46

My understanding is that overnighting in your motorhome on public roads is a no-no in the UK anyway - does anyone have a through knowledge of the real rules?

Ta!

When we first bought a MH and joined the CC I asked them this question. I was very surprised to be phoned by a solicitor soon afterwards.

Much legal speak and covering of backside with lead shields brought the answer - yes it's perfectly legal.

But.

If they want to get you they can - for causing an obstruction or the like.

She said be sensible and reasonable and you should be OK.

Of course local council regulations can bring in restrictions but I guess they must make these quite clear.

That was 2 years ago, if you are in the CC ring and ask.

davejen · 10-05-2009, 18:28

I quite often see big trucks (usually foreign) parked in lay-bys and even on main roads where it looks like the driver may be asleep inside (cab curtains shut) and still there the next day. I suppose plod thinks it's too much paperwork to to anything, so they are left to go on their merry way when they are ready. WHO KNOWS?
Regards, Dave

GJH · 10-05-2009, 18:37

Quote:

Originally Posted by davejen

I quite often see big trucks (usually foreign) parked in lay-bys and even on main roads where it looks like the driver may be asleep inside (cab curtains shut) and still there the next day. I suppose plod thinks it's too much paperwork to to anything, so they are left to go on their merry way when they are ready. WHO KNOWS?
Regards, Dave

I think the answer is probably in Brian's post - "If they want to get you they can - for causing an obstruction or the like." Nothing to do with the amount of paperwork but, rather, the public interest (though, of course, it is not in the public interest for the police to generate unnecessary paperwork which wastes their time).

If a vehicle is not causing an obstruction, is parked in accordance with any parking bye-laws and is displaying lights if/as necessary then it is probably not in the public interest for the police to take any action.

If, however, the vehicle is causing a potential hazard and/or obstructing other users of the highway where it is then the police would be justified in taking action.

Graham

ScotJimland · 10-05-2009, 19:18

If you are parked legally their is no rule that I'm aware of that says you can't sleep in your vehicle .. be it a truck, motorhome or car. In fact the Highway Code advises to do just that if you are tired.. and if the Police ask you to move on you explain that you are too tired and feel it would be dangerous, but if he insists then ask for a written instruction with his number, then advise him that if you have an accident due to being tired he will be held to account .. Can't see any officer taking that risk.. can you ?

Personally we never wild camp, that's our choice but I support those who do provided they are within the law, not upsetting anyone and don't dump waste indiscriminately.

GJH · 12-05-2009, 16:12

I've now finally received responses to the questions I asked about national legislation in regarding to overnight camping alongside roads and/or in lay-bys. A message from the DfT sent on 7th April has only just reached me after I chased it up.

Anyway, it appears that there is no national legislation either permitting or prohibiting such camping but there may well be local restrictions in place. Any stopping would also have to comply with parking legislation (e.g. showing of lights etc).

Full details of correspondence Here.

Graham