Is it legal to park in laybys over night?

Discussion in 'The Beginner' started by purpledoghouse, Sep 4, 2010.

  1. purpledoghouse

    purpledoghouse Read Only Funster

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    Hi

    We are very new to this and I was wondering if it is possible or legal/safe to stop in lay bys overnight? I have noticed that some say no overnight parking so I would rule these out but others don't seem to have restrictions on them. It just seems to me that some of them on back roads and in the middle of nowhere could be good stop over points...are there rules to how to do this and if so could you please advise.

    Cheers

    Purpledoghouse:Wink:
     
  2. GJH

    GJH Funster Life Member

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    Have a look at This Page on my web site. Note that this only gives the legal position as far as I have been able to find out about it. Some lay-bys might be less than desirable to stop in as a result of traffic noise and/or the "activities" of some sections of our varied population :Smile:
     
  3. WynandJean

    WynandJean Funster

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    That's nice and clear, then!
    Wyn
     
  4. GJH

    GJH Funster Life Member

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    ??????????
     
  5. acting_strange

    acting_strange

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    When I read it the message was as clear as mud that had fallen over and got muddy:Rofl1::Rofl1::Rofl1::Rofl1:
     
  6. Wildman

    Wildman Read Only Funster

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    how clear do you want it. It is neither legal, nor illegal unless there is a local byelaw that prohibits it. By the time anyone sees you and contacts the council, who then have to contact the Police who then come and ask you to move you will be long gone anyway so why worry. The police on their own will not move you on, they have to be instructed to do so, UNLESS of course you are causing an obstruction.
     
  7. GJH

    GJH Funster Life Member

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    Even clearer than that I think Roger. If something is not illegal then it must, by definition, be legal.

    In the case of the roadside and/or lay-by, therefore, if all national waiting/parking legislation is being complied with and there is no contravention of any local TRO then it has to be legal.

    It is the civil offence of trespass on (non highway) land (no matter whether publicly or privately owned) which would risk invoking the scenario of the owner contacting the Police who then come and ask you to move.

    The other point I didn't mention was the oft-discussed one of abuse by people staying for several days/weeks and causing annoyance/inconvenience to others - which results in restrictive TROs being passed.

    Graham
     
  8. barryd

    barryd Read Only Funster

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    Forget about the legalities. Just use common sense. If there are signs like you state saying no overnighting then best move on.

    We wild camp all over the place but only if it is somewhere nice, safe, quiet and where I am not going to annoy anyone or inconvenience them. Laybyes are usually not the greatest places to stay unless they are well off the road and certainly not on a main road. Car parks can be ok but are frequently visited by boy racers late at night. What appears lovely during the day can look completley different at night.

    Look for spots away from it all, where there isnt lots of tarmac for the Corsa brigade to annoy you all night, observe the surrounding area. If there is a council estate nearby, move on. If it doesnt feel right for any reason move on, there could be a great wild spot just around the corner.
     
  9. acting_strange

    acting_strange

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    Sorry can I have it clearer please???? Its an age thing you know:Rofl1::Rofl1::Rofl1::Rofl1::Rofl1::Rofl1:
     
  10. Ivys

    Ivys Read Only Funster

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    See link below, it's a forum mostly dedicated to Wild Camping for motorhomes. It's not as big or as busy as Fun, but the folk are friendly and helpful. They've helped me a number of times to find a spot.


    Rog
     
    Last edited by a moderator: Sep 5, 2010
  11. purpledoghouse

    purpledoghouse Read Only Funster

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    Thanks so very much will have a look. :Smile:
     
  12. barryd

    barryd Read Only Funster

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    If you join the wild site you can download a massive database of POI for your sat nav and google earth of wild camping spots across the UK.
     
  13. mikamada

    mikamada Read Only Funster

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    Unfortunately the request for information on legislation was submitted as an FOI request which will only provide information if the public authority holds information of the description specified in the request (s(1)(a)). If they have not considered the question previously they will not be able to respond.

    Whilst the DfT were confused, in the first instance, as to the response they should have given, which they did give in the end, the were actually quite helpful and gave an opinion (legal or not) in an attempt to assist the enquirer.

    They did not need to give that opinion under the FOI legislation and when forced to comply with the letter and intent of the legislation by subsequent correspondence they gave the correct reply which was effectively that they have never considered the question.

    Basically both departments have said that they have not considered the question in the past and one department attempted to be helpful by giving an opinion. It seems to me that for attempting to be helpful they have been castigated.
     
  14. slobadoberbob

    slobadoberbob Read Only Funster

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    in a word NO.. but when has that stopped it

    Firstly find a layby on a main road that is not full over overnight truckers... but it is illegal do so, but who enforces it? Saftey is the main issue I would worry about. But have had to do it on the odd occasssion or found a quite side street. Normally the bye laws are the ones to watch, but it is the enforcement that is hard, so I would do it ..just becareful.

    Bob:Eeek:
     
  15. GJH

    GJH Funster Life Member

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    I submitted the request in full knowledge of FoI because I used to be a FoI Officer :Smile: Any "castigation" was the result of the DfT wrongly (as they later admitted) claiming that the request did not qualify under FoI.

    Why "unfortunately"? As I pointed out to the DfT, any request submitted as mine was automatically qualifies as a FoI request, whether it is stated to be one or not. It was, therefore, impossible for me to submit such a request and for it not to be a FoI request :Smile:

    I was seeking "details of legislation (if any)". Had there been any legislation (either way) then it would have been held by the DfT, being the government department responsible for that type of legislation. The answer given "We are not specifically aware.........." would have been a valid response under FoI had the first sentence mentioned "vehicles" rather than "caravans", another error which was later admitted by the DfT. The second & third sentences of the reply were certainly helpful but that was to be expected as it is a requirement of S16 of FoIA to give such advice & assistance (para 10 of the S45 Code of Practice).

    The subsequent request to the Highways Agency was made in the (mistaken) belief that the HA was separate from the DfT and that the HA might hold information which the DfT obviously did not hold.

    As someone who put a heck of a lot of work into training people (in both the organisation I then worked for and in others) I find it extremely annoying several years on from implementation of FoI (over 4 years in the case of the requests in question) when officers do not know the legislation they are supposed to comply with. When that happens I find nothing wrong in pointing out the error to the officer(s) in question. If that is castigation then so be it, I should have expected to be on the receiving end had I made similar errors :Smile:

    Graham
     
  16. tonyony

    tonyony Read Only Funster

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    If it's "illegal" (different to "unlawful") then someone needs to tell the hundreds of truckers who clog them up every night on the A14 eastbound to Felixstowe:BigGrin::BigGrin:
     
  17. GJH

    GJH Funster Life Member

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    Legislation relating to HGVs using lay-bys overnight often differs from that relating to motorhomes. It recognises that HGV drivers are legally obliged to take breaks at certain times and, thus, their requirements are a higher priority. Local TROs may also be aimed at preventing longer term use by motorhomes but will allow HGV drivers (who are obviously there only one night) to stay.

    Graham
     
  18. purpledoghouse

    purpledoghouse Read Only Funster

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    lol never thought of that one!!!:Rofl1:
     
  19. Gonewiththewind

    Gonewiththewind Read Only Funster

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    If its the site im thinking about, far from friendly, got slated by the owner and moderator for asking what the subscriptions are used for.:Rofl1:
    Thats not friendly.
    THIS is friendly and the only friendly forum I know.:thumb:

    Don
     
  20. scotjimland

    scotjimland Funster Life Member

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    I'll second that ... :thumb:

    just read a post on Ch2 .. someone being called a "freeloading cheapskate " :RollEyes:
     
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