freakylady

Hi there
Can anyone tell me if its 'allowed' to stay overnight ( two) in a motorhome outside a friends house?

there is a lane leading to a private nursing home which we are not blocking access to - but wonder what the legal situation is if we sleep in our motohome overnight which happens to be where my family usually park their cars?

any advice as soon as poss - hoping to stay there tonight

Jim

The worst that could happen is that you are asked to move on. so don't worry, just do it, its what motorhomes are for. Just don't be over the drink drive limit, so you can move on if it is required.

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GJH

If the land is owned by your friend then there should be no problem (presumably you would have the friend's permission).

If the land is owned by someone else (including a public highway) then, technically, their permission is required. In some cases permission might be restricted to daytime parking only (there are restrictions in some areas on the size of vehicle which can be parked overnight) or overnight parking but not sleeping/eating in the vehicle.

If you do overnight without the landowner's permission you could be asked to move on at short notice. The likelihood of such event would obviously differ with the circumstances, including any obstruction to other road users.

Graham

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Tony Santara

Providing there is no "no parking " or no waiting etc and there is enough room for emergency vehicles to pass and providing your not putting awnings and the like out
I can't think of a law stopping you... however if you are over 3.5 tonne the police may require you to have parking lights on

GJH

The general legislation is S137 of the Highways Act 1980 Tony. Even where there is no order banning parking there is no absolute right to park on the highway.

Also, in some places, parking orders might be in force which regulate the size of vehicle. For instance, residents parking in Hackney: vehicles must not exceed 2.27m in width or 5.25m in length or weigh in excess of 2540 kg.

Such legislation might not often be enforced (though it is likely that local orders will attract more rigorous enforcement) but can be used if the appropriate authority so desires.

Graham

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freakylady

Thanks for the replies

correct me if i am wrong but reading the link GJH posted - it said you could be prosecuted only if you willfully obstructed free passage on a highway?

as we are not obstructing the highway in any way then we are fine to be parked where we have?

thanks agian

slept well last night

GJH

Correct. Just for completeness though, a highway is defined as: A road in respect of which there is an established right for the public to pass and re-pass, includes public footpaths and bridleways as well as all "roads" as defined by the Road Traffic Act.

The "highway" includes the pavement and private property used as a public thoroughfare.

If you are parked off the highway, completely on private property, then all you need is the permission of the landowner.

However, if you are parked on any part of a highway then, technically, that is an obstruction because free passage over the bit you are parked on is not possible. It becomes wilful obstruction if you refuse to move on if asked.

Graham

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freakylady

ahhh right ok thanks for the clarification :)

paulejw

Just a quick look at, s.137 uses the word "wilfully", you would have to do it on purpose, its not talking about parking at all its more on th lines of someone blocking on purpose the public highway. With parking you only need to abide by the rules and regs on parking. Therefore if your parking a car and its not allowed then its not allowed whether its a car, lorry, van, motorhome etc as a rule of thumb.

I think the general advice is good if your asked to move on move on.

I was reading a blog and in the blog someone had parked in a quiet spot overnight, a farmer knocked on the motorhome door and when the driver answered, the farmer said to the driver, you can come around and park in my field (about 20 feet away) for 15 pounds a night. The motorhome owner replied, no thank you and moved on. However I think I would have taken the farmer up on the offer with all those milk producing cows I would have asked the farmer if fresh milk and butter could be included in the one night parking fee, I guess bacon and eggs would be pushing a point.