Newbie Question on Wildcamping & Drinking

Janeyjane · 10-08-2008, 10:03 AM

Hi

I've read through the posts on this forum and not sure I got the answer to the specific question: if I parked in a car par where local bye-laws prevent sleeping in vans overnight, (but is usually tolerated), and the police came and asked me to move on, but I was over the drink-drive limit, what would happen???

Jj

Wildman · 10-08-2008, 10:12 AM

you would be charged with being in charge of a motor vehicle whilst intoxicated, unless you could prove you were not about to drive, IE bed made up in PJs keys not in ignition etc (maybe swap keys with another camper on site), but even then it is a public place and counted as a highway so even then still liable to get done. If you drive DONT drink, common sense really. Or if you have a partner, take turns day and day about. providing you are both able and insured to drive. Remember wild camping is illegal in England, even though tolerated in many places. (I always wild camp)
If you need an excuse not to move on rather than actually having had a drink then the fact that you are too tired to drive safely will usually work. Should the police insist have them sign a document exonerating you from liability in event of an accident caused because you were too tired to drive. they will usually tell you to move on in the morning.

vicdicdoc · 10-08-2008, 10:54 AM

You also leave yourself vulnerable to robbery or worse !

Janeyjane · 10-08-2008, 12:23 PM

Quote:

Originally Posted by Wildman

you would be charged with being in charge of a motor vehicle whilst intoxicated, unless you could prove you were not about to drive, IE bed made up in PJs keys not in ignition etc (maybe swap keys with another camper on site), but even then it is a public place and counted as a highway so even then still liable to get done. If you drive DONT drink, common sense really. Or if you have a partner, take turns day and day about. providing you are both able and insured to drive. Remember wild camping is illegal in England, even though tolerated in many places. (I always wild camp)
If you need an excuse not to move on rather than actually having had a drink then the fact that you are too tired to drive safely will usually work. Should the police insist have them sign a document exonerating you from liability in event of an accident caused because you were too tired to drive. they will usually tell you to move on in the morning.

For clarification, I never drink and drive, not even a single drink, but as I'm travelling alone that leaves me with a predicament when I'm going to vist some friends in Whitby, (hence I'd like to have a few beers with them). Either I park in a car park 100 yards from where we're meeting, where I expect there will be other motorhomes parked, but have the problem with not being able to move off if the police turn up. Alternatively, I use a camp site a couple of miles up the road, have to get a taxi back, then have to stumble across a field of tents/caravans, presumably in pitch blackness, in the early hours of the morning. As a lone female, the former seems 'safer'.

Jj

Wildman · 10-08-2008, 12:34 PM

I did not for one minute suggest that you did drink and drive, being in charge of a vehicle whilst under the influence of drink is considered the same in the eyes of the law and that is what I was trying to alert you to. No offence intended. Why not leave the van in the car park and crash with friends, no problem then is there.

Janeyjane · 10-08-2008, 12:49 PM

Quote:

Originally Posted by Wildman

I did not for one minute suggest that you did drink and drive, being in charge of a vehicle whilst under the influence of drink is considered the same in the eyes of the law and that is what I was trying to alert you to. No offence intended. Why not leave the van in the car park and crash with friends, no problem then is there.

No offence taken. But the whole idea of having a van was to have slightly more home comforts than crashing on friends' floors/sofas!!

Jj

Wildman · 10-08-2008, 01:03 PM

normally having the home comforts would apply but in this case it could pose a problem. How about leaving the ignition key with the landlord of the public house where you are meeting so you can collect it the next day, he then technically would be in charge of the vehicle. worth a try. Phone in advance and ask, you may even be able to park in the pubs carpark overnight with his permission and legally.

paulejw · 10-08-2008, 01:15 PM

1) The Police cannot ask you to commit a criminal offense.

2) However if you cannot move the vehicle and that vehicle is illegally parked then they can take the prescribed action.

3) Maybe you should consider a camp site.

4) You may find that if you put the key in the ignition or they consider that you are going to drive the vehicle still breathalyse you. I would suggest that drinking alcohol in a motorhome (being a vehicle) is a Big NO NO.

paulejw · 10-08-2008, 01:40 PM

I'm interested that you say Wild Camping is illegal. Can you please quote me the exact law; I would be interested to read it.

I'm not saying your wrong I'm just interested in having the exact law on this.

Best Regards

Paul

Janeyjane · 10-08-2008, 01:59 PM

Quote:

Originally Posted by Wildman

normally having the home comforts would apply but in this case it could pose a problem. How about leaving the ignition key with the landlord of the public house where you are meeting so you can collect it the next day, he then technically would be in charge of the vehicle. worth a try. Phone in advance and ask, you may even be able to park in the pubs carpark overnight with his permission and legally.

The pub is in the centre of Whitby so doesn't have any parking, unfortunately.

Jj