Legal

Discussion in 'Motorhome Chat' started by bailey, Jan 18, 2010.

  1. bailey

    bailey

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    Does anybody know the legal req if you wild camp and have a drink at night as you are res for the M/Home

    Bill:Eeek:
     
  2. JJ

    JJ Funster

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    Hi Bill,

    I believe (but am NOT an expert) that if you are obviously in a situation where it is clear there is no intention to move the vehicle ie, food on the table, bed made up, curtains drawn, slippers (?) and/or pyjamas on etc etc then the boys in blue are highly unlikely to succeed with a prosecution.

    I always fit a steering wheel lock and remove the ignition keys prior to moving into the rear.

    Never been troubled in thirty years...

    JJ
     
  3. estcres

    estcres Read Only Funster

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    This type of thread has been on here several times before and you will find funsters are of many different opinions on this matter, my view is this.

    Technically you are in control of your vehicle and can therefore be charged with "Being in possession of a vehicle whilst inder the influence of alcohol or drugs"

    However, I think that Mr. Plod should take a sensible aproach in this matter and not continue with a prosecution.
     
  4. pappajohn

    pappajohn Funster Life Member

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    you can be moved on at any time if you are wildcamping.
    all land belongs to some-one in the uk so technically you would be traspassing.

    chances are, if you park up sensibly...ie out of sight, dont put BBQs, chairs, tables etc out and dont stay for days on end then you wont be bothered by the authorities.
    if the police come a-knocking and you're ready for bed, curtains/blinds drawn etc, then talk to them in a civil and polite manner and they'll probably just say dont be here tommorow.

    if they do insist on you moving then explain you've had a drink and you cant move on unless they authorize you to drink drive. that aint gonna happen :Eeek:

    as far as being drunk in charge of a vehicle....if the above is followed re..chairs etc, then i doubt they would arrest you. they are human after all !!!!!
     
    Last edited: Jan 18, 2010
  5. John H

    John H Read Only Funster

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    I think it comes under the same laws as lorrys, its not only your transport but living accommodation. as suggested in the other posts, It's more about where you stop and how you behave while there.

    John
     
  6. estcres

    estcres Read Only Funster

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    Obviously you're not from the UK!!!!

    Have you seen the announcement from the Dorset Police today, ZERO TOLERANCE for all motorists AND passengers.
     
    Last edited: Jan 18, 2010
  7. pappajohn

    pappajohn Funster Life Member

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    im sure that means intentional law breakers.....speeders, insurance and tax avoiders, seatbelts etc...not some poor smuck in a motorhome trying to get his head down for a few hours...:Wink::BigGrin:
     
  8. Macytia

    Macytia Read Only Funster

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    I know of someone that has just had 3 points for having an open can of coke within reach of the driving seat. (driving without due care) They pulled him over as ANPR showed no insurance, after a phonecall they found out the van was insured, so the merry people found something else to do him for:Blush:
     
  9. John H

    John H Read Only Funster

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    that seems a bit harsh if they didnt see him drinking from it, he could have been drinking from it on a rest break and been saving some for later.I'm sure any lawyer would sort that one out.

    John
     
  10. imprint

    imprint Read Only Funster

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    The first point, Bill, is that you are perfectly legal driving around roaring drunk provided you are not on the public highway, so far as motoring law is concerned. How far you have to go 'wild' may be the problem. There are several archaic offences which do get dug up from time to time which might give a sniff of a case. However, if you are off highway and not doing anything positively dangerous, you'd probably be OK. Without checking, I'm all but sure that you cannot be required to give a sample of breath or urine off-road if there's no evidence that you did drink and drive.

    (I remember a law student years ago who was asked to give a sample of urine in a police station. He said he was having difficulty, and the police told him to whistle " or try turning the tap in, Sir " He did this, gave them the specimen, and left.

    Next morning he came back, to be given a bollocking, ending with the words "But since you were sober enough to put warm water into our bottle, we 'll not charge you..this time". I later advised one military friend , who really did drink and drive, to pee into a flask before drinking, and strap it to hie leg. He did this, and got away with it more than once.)

    I've thought about this problem before, and wonder if anyone produces a time-lock to put the ignition key in?
     
  11. Macytia

    Macytia Read Only Funster

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    The conversation went something like, "have you been drinking from that whils't on the move" he answered yes, he was all of a panic at the thought of having his van towed away. A letter has gone in to the police on reflection and he is intending on fighting it. Just goes to show how some officers do there job, he was unlucky 99% of officers probably wouldn't of booked him.
     
  12. John H

    John H Read Only Funster

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    Seeing you are from North Wales , it wouldnt have been our over zelous ex cheif of police Brunstrom who nicked him would it, the only copper to try out a tazzer on himself :Rofl1:


    John
     
  13. GJH

    GJH Funster Life Member

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    So, on the evidence the police had at the time (an admission) he was apparently not in control of the vehicle at all times and could have caused a crash.

    Would 99% really not have booked him? Would we want 99% not to book him? I certainly don't want to have somebody coming towards me who is drinking from a can instead of driving properly.

    Graham
     
  14. pappajohn

    pappajohn Funster Life Member

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    do it all the time mate......dont want the can falling over and spilling beer on the cab carpet, do i.
    couple of days it'll stink like a brewery.

    :Rofl1::Rofl1::Rofl1:
     
  15. Macytia

    Macytia Read Only Funster

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    I personnally feel it was a harsh call and done in spite, you are of course free to form your own opinion.
    Maybe all car/van makers need to put a warning on the cup holders that they fit, "Only use when stationary" or not fit them in the 1st place. It will be CD players next, do you not use when driving?:Rofl1:
     
  16. The Wallace

    The Wallace Read Only Funster

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    Graham, your posts are normally so sensible that I wonder if someone has taken over your computer for this one?

    Compared to tuning a radio (or head down using a personal police radio) or lighting a cigarette/ pipe, or talking on a hands free phone or even switching on your rear screen heater I feel that drinking from a can to avoid loss of concentration from dehydration or simple thirst is way down the list of things which cause people to drive 'without due care and attention'.

    I would much rather the person coming towards me was hydrated and alert than worrying about where they could stop to quench their thirst.
     
  17. estcres

    estcres Read Only Funster

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  18. GJH

    GJH Funster Life Member

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    :Rofl1::Rofl1:
     
  19. GJH

    GJH Funster Life Member

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    Personally I've never changed a CD/cassette whilst driving and I don't re-tune the radio either. I used to smoke but never did so whilst driving. I've never used a hands free phone whilst driving.

    I wouldn't compare such actions to using the vehicle controls which are designed to promote safety (like making sure the rear screen is clear).

    If somebody is so dehydrated that they have to have a drink, should they be driving or should they have been responsible enough to ensure that they took a break before getting into that state?

    Graham
     
  20. JJ

    JJ Funster

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    I reckon there are some people who, despite drinking from a can/ turning on the radio/speaking on the hands free at the time are driving more safely and with more consideration to others than some drivers who have both hands on the steering wheel at all times...

    ... but no doubt the point can be made that even so, the first group of drivers is not driving as safely as it would be if it was not doing those things.

    JJ

    PS. Are you allowed to take your hand off the wheel to change gear? Can you take your eyes off the road to check your speed...? etc etc
     
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