New UK Sticker

[DizzyMiss]

After reading a post about the UK sticker replacing the GB one I went to have a look on t'internet and interestingly found this nugget of which I wasn't aware.

f you’re planning a staycation this year, you might have thought about hiring a motorhome to help you explore some of Britain’s favourite holiday spots.
However, many holidaymakers won’t be aware that it’s technically illegal for the driver to be under the influence of alcohol while inside the vehicle, if it’s parked in a public space.
In the same way that it’s illegal to sleep in your car while drunk, the law also outlines that the person in control of the vehicle should not be intoxicated at any point while inside their car – even if it’s parked up with the engine off.
This law only applies to public places, including parking up on the side of a road. So if you’re planning a motorhome staycation, be sure you only drink alcohol while parked up a suitable camp site.
It’s also a good idea to keep a breathalyser handy, so you know you’re not still over the drink-drive limit when you set off in the morning.

 

[Badknee]

Take the keys out of the ignition and put them out of your reach. Do not sit behind the wheel. If going to sleep get undressed. Never been troubled by police.

 

[Stealaway]

Or Aire or picnic area. Or woodland trails. Load's of places well away from the road or police. You can't be intending to drive if the bed is made and the seats are turned around and you are over the limit.

 

[Al-Di]

What police,??

 

[pagey]

What police,??

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[mikebeaches]

Interesting info - however, the thread title is perhaps a tad misleading..

 

[mosss45]

Definitely interesting tips, but thethread title is strange

 

[cmcardle75]

After reading a post about the UK sticker replacing the GB one I went to have a look on t'internet and interestingly found this nugget of which I wasn't aware.

f you’re planning a staycation this year, you might have thought about hiring a motorhome to help you explore some of Britain’s favourite holiday spots.
However, many holidaymakers won’t be aware that it’s technically illegal for the driver to be under the influence of alcohol while inside the vehicle, if it’s parked in a public space.
In the same way that it’s illegal to sleep in your car while drunk, the law also outlines that the person in control of the vehicle should not be intoxicated at any point while inside their car – even if it’s parked up with the engine off.
This law only applies to public places, including parking up on the side of a road. So if you’re planning a motorhome staycation, be sure you only drink alcohol while parked up a suitable camp site.
It’s also a good idea to keep a breathalyser handy, so you know you’re not still over the drink-drive limit when you set off in the morning.

Complete claptrap. There is no such law. At least this law contains a solid defence for those specific cases.

The law in question is shown below. Drunk in charge is an offence under Section 5(1)(b) of the Road Traffic Act 1998. As you can see. However, the defence under 5(2) that you can prove that there is no likelihood of driving the vehicle is solid. You can prove this in a number of ways. However, being in a motorhome and not in the driving seat gets you most of the way there. Wearing pyjamas, having the screens up, lying in bed watching TV would all be perfectly good enough for your defence. That said, you might want to not drink whilst parked in a layby in case some louts come along and you want to move on.

Road Traffic Act 1998, as amended:

5 Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.

(1)If a person—
(a)drives or attempts to drive a motor vehicle on a road or other public place, or
(b)is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

 

[PJGWiltshire]

An interesting issue. I am a retired police officer and drunk in charge is a very much fall back offence when something happens and it cannot be proven that the person was driving at the time of first encounter. Many years ago I recall a guy being arrested where he literally fell asleep at the wheel of his car whilst at the set of traffic lights and was drunk as a skunk. So that is where the offence would be used to deal with person in charge of the vehicle.
How about this: Four occupants parked up for the night in a public place having been out for a meal and a drink MUM +Dad and Two children aged 18 and 19. They go back to MH and have another wee tipple and all get ready to go to bed. Along comes police officer. Yes can I help you says one of the occupants. Blah blah blah. Police officer says are you in charge of the vehicle Yes says one of the four. I'm arresting you for drunk in charge. Now number one gets carted away. Police officer says to next person. Are you in charge of the vehicle. Well I suppose I am as you have just carted off the other person who was in charge. Your nicked drunk in charge. So it goes on until all four are arrested. So being drunk in a vehicle in charge does not automatically lead to arrest

As has been said already and many times before. Yes you are in charge but are you likely to drive off. That is the defence.
As has been said before, if you are parked up and there is a possibility that you may need to move do not have a tipple.

 

[Conrad J]

I'm inclined to think that generally, the police will only bother knocking on your door if there's a good reason, such as in your drunken stupor, you've parked on the pavement or something equally stupid. Otherwise, they generally have bigger fish to fry.

As for the new UK sticker, makes sense and I don't even live in Northern Ireland!

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[62272]

Technically correct however the legal defence would be available. I could envisage an arrest where for example someone (i.e. the driver in charge) was sooo drunk in the early hours, that they were compelled to move at a certain hour (such as parking restrictions coming into force in 5 hours) that an arrest would be justifiable (not charge), but it would be difficult to see how this would come about though, unless by ‘anonymous‘ information received (usually!). Be easier for the officer to sit up and catch the vehicle move off, as the offence would then be absolute, as oppose to proving they were going to drive once the parking restrictions came into being (which the prosecution would have to prove beyond all reasonable doubt).

For most funsters on here who are generally law abiding and park in a ‘public place’ by definition, and quite reasonably camp down for the night with no intention of being intoxicated when due to move off, this is not an issue in the slightest.

Be aware of morning after alcohol levels though if serious drinking takes place of an evening… you may not be under the legal limit until later the following afternoon!

 

[GAVLAD]

I got an email update from the foreign office regarding France today and it said that from 28.Sep.21, British vehicles need to display a UK sticker. It was listed under safety and security.
Not sure what a UK sticker has to do with being safe & secure.

 

[cmcardle75]

Technically correct however the legal defence would be available. I could envisage an arrest where for example someone (i.e. the driver in charge) was sooo drunk in the early hours, that they were compelled to move at a certain hour (such as parking restrictions coming into force in 5 hours) that an arrest would be justifiable (not charge), but it would be difficult to see how this would come about though, unless by ‘anonymous‘ information received (usually!). Be easier for the officer to sit up and catch the vehicle move off, as the offence would then be absolute, as oppose to proving they were going to drive once the parking restrictions came into being (which the prosecution would have to prove beyond all reasonable doubt).

For most funsters on here who are generally law abiding and park in a ‘public place’ by definition, and quite reasonably camp down for the night with no intention of being intoxicated when due to move off, this is not an issue in the slightest.

Be aware of morning after alcohol levels though if serious drinking takes place of an evening… you may not be under the legal limit until later the following afternoon!

I think the most they could do was a parking ticket. It would be a stretch for the prosecution to suggest that you're going to get up at 6am to move your vehicle to avoid a £50 fine and risk £1000 plus a year's ban.

 

[62272]

I think the most they could do was a parking ticket. It would be a stretch for the prosecution to suggest that you're going to get up at 6am to move your vehicle to avoid a £50 fine and risk £1000 plus a year's ban.

Even then they would have to wait until the restrictions ’kicked in’, and even that responsibility has been devolved to local authorities. You are right!

 

[Gaston aires]

Take the keys out of the ignition and put them out of your reach. Do not sit behind the wheel. If going to sleep get undressed. Never been troubled by police.

Wood be doggers maybe

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[62272]

I got an email update from the foreign office regarding France today and it said that from 28.Sep.21, British vehicles need to display a UK sticker. It was listed under safety and security.
Not sure what a UK sticker has to do with being safe & secure.

“safe and secure” from not getting a ticket in France

 

[cmcardle75]

I'm inclined to think that generally, the police will only bother knocking on your door if there's a good reason, such as in your drunken stupor, you've parked on the pavement or something equally stupid. Otherwise, they generally have bigger fish to fry.

As for the new UK sticker, makes sense and I don't even live in Northern Ireland!

Do Northern Ireland still use NI sticker? Don't they have a completely different vehicle registration system from Great Britain, hence the difference in stickers?

 

[62272]

Do Northern Ireland still use NI sticker? Don't they have a completely different vehicle registration system from Great Britain, hence the difference in stickers?

I think that was the reason for the switch to be more inclusive, definitely looks like a political move

 

[cmcardle75]

I think that was the reason for the switch to be more inclusive, definitely looks like a political move

I bet that will go down well with half of them.