# Let the adventure begin



## Ste t4 (May 24, 2013)

Hi all, I'm new to wild camping so could someone please tell me the law when it comes to getting back to your van after having a few beers when parked in a public space ie lay by or carpark? Happy camping all


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## Wooie1958 (May 24, 2013)

Ste t4 said:


> Hi all, I'm new to wild camping so could someone please tell me the law when it comes to getting back to your van after having a few beers when parked in a public space ie lay by or carpark? Happy camping all






*Don`t drive It.*


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## Squibby (May 24, 2013)

Go straight in the back. Do not go in the drivers door. If you do and the rozzers have spotted you they can treat the situation as a drink drive offence and could asume that you are going to drive the vehicle away.

So just be carefull.

Squibby.


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## maingate (May 24, 2013)

If you are in a public space, you can be moved on.

So don't drink.


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## landyrubbertramp (May 24, 2013)

as maingate has said being in a public space weather it be a car park layby etc will be alot diffident from private lnd like a camp site , i just dont think its woth the rish given what it could result in, also you mat have trouble in the night from outside and may want to make a sharp exit.


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## Deleted member 21686 (May 24, 2013)

Welcome to the forum.


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## John H (May 24, 2013)

If you are legally parked and can demonstrate that you have no intention of driving the vehicle while you are over the limit then you should be ok. Remember that a caravan site is classified as a public place and so technically you could be charged on a site - but if it is clear that you intend not to drive then only a very officious (or very pissed off!) police officer would arrest you and if it came to court you would have the defence that you did not intend to drive. This defence is very commonly used in court and very often succeeds (and that is in the case of cars; I have never heard of a motorhome driver being taken to court). But the most important thing to remember is that if you are questioned by a police officer then remain polite - if you annoy him/her then they are more likely to find something to get  you on!


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## Smaug (May 24, 2013)

Even in the back, with keys in the ignition, in your hand or even your pocket, you can still be done for "Drunk in charge". This has happened to people sleeping it off overnight in the back of a car in a pub car park. 

I enjoy a glass of wine or an odd scotch of an evening, or a lunchtime cider myelf, but keep it strictly within limits & make sure that it doesn't top-up. Getting woozy at all has to be a complete no-no & being sozzled is just silly.

Take care & enjoy your van safely.


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## landyrubbertramp (May 24, 2013)

John H said:


> If you are legally parked and can demonstrate that you have no intention of driving the vehicle while you are over the limit then you should be ok. Remember that a caravan site is classified as a public place and so technically you could be charged on a site - but if it is clear that you intend not to drive then only a very officious (or very pissed off!) police officer would arrest you and if it came to court you would have the defence that you did not intend to drive. This defence is very commonly used in court and very often succeeds (and that is in the case of cars; I have never heard of a motorhome driver being taken to court). But the most important thing to remember is that if you are questioned by a police officer then remain polite - if you annoy him/her then they are more likely to find something to get  you on!



thanks for that john i was nt aware a caravan site is a public place i thought it was private proerty


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## Smaug (May 24, 2013)

landyrubbertramp said:


> thanks for that john i was nt aware a caravan site is a public place i thought it was private proerty



It is both, the land is privately owned, but there is free & regular access for the public. The reasoning is that a drunk driver could reasonably be expected to be driving around members of the general public. It does actually make sense - which isn't always the case for some of our laws!

The beauty of a MH is that once in bed & shut down for the night, it is unlikely to be assumed that you intend to drive, however, you are still technically "in charge" should the fuzz want to find someting to "do" you for.


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## landyrubbertramp (May 24, 2013)

interesting, i wonder smaug if you have a self built m home thats classed as a van on the v5 makes any difference even tho its practicably a m home.


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## Smaug (May 24, 2013)

landyrubbertramp said:


> interesting, i wonder smaug if you have a self built m home thats classed as a van on the v5 makes any difference even tho its practicably a m home.



No, mine's a CI Carrioca coachbuilt. I don't see that it makes much difference, but willing to be educated if it does. 

As I said, people sleeping in cars have been done for D-i-C, but even a van converted to a "Motor Caravan" (which I understand is the legal term for what we drive) is specially adapted for living & may be viewed differently from a car, estate or unconverted van.


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## landyrubbertramp (May 24, 2013)

i just think if it went to court or even when you were stoped that you could show its a m home on the v5 it would add weight but if you had like i have a landrover turned into a camper but not changed on the v5 i would not help. as at the end of the day the cop could see that it was a good as a m home but would a judge who wasn thier at the time


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## John H (May 24, 2013)

landyrubbertramp said:


> thanks for that john i was nt aware a caravan site is a public place i thought it was private proerty



Hi

For purposes of traffic law, a public place is anywhere that the public has access to. Even if the land is privately owned, if the public are allowed in then it is deemed a public place. At first this may seem complicated but it does make sense if you think about it. 

And it gets more complicated than that! Technically you can be done for drunk-in-charge on your own private drive - if the arresting officer concludes that you intend to drive the vehicle onto the public highway while over the limit. Such cases are rare but they have happened.


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## Smaug (May 24, 2013)

landyrubbertramp said:


> i just think if it went to court or even when you were stoped that you could show its a m home on the v5 it would add weight but if you had like i have a landrover turned into a camper but not changed on the v5 i would not help. as at the end of the day the cop could see that it was a good as a m home but would a judge who wasn thier at the time



If it came to it, I guess you would have to make your case that it was adapted for residential use (present photos of you camping in it or showing the interior). 

But, as John H says, if the Fuzzies are sufficiently inclined they can use the "Ways & Means Act 1947" that my mate used to quote to people who said to him "It ain't against the law". I pointed out that there was no such thing & his response was, "Ohh, yes, there is, there are ways & means of convicting anyone . . ." :scared: :lol-053:


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## landyrubbertramp (May 24, 2013)

John H said:


> Hi
> 
> For purposes of traffic law, a public place is anywhere that the public has access to. Even if the land is privately owned, if the public are allowed in then it is deemed a public place. At first this may seem complicated but it does make sense if you think about it.
> 
> And it gets more complicated than that! Technically you can be done for drunk-in-charge on your own private drive - if the arresting officer concludes that you intend to drive the vehicle onto the public highway while over the limit. Such cases are rare but they have happened.



well ive learnt sumthing new today thanks john


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## Ste t4 (May 24, 2013)

Thanks for all the advice guys, being in charge of a vehicle whilst under the influence was my biggest concern, caution will be taken at all times


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## yorkieowl (May 24, 2013)

We always make sure one of us doesn't drink, as said previously it gives you the chance to move on if you have to. If alone, not worth risking it.


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## stonedaddy (May 24, 2013)

*More problems*

My problem is trying not to get arrested looking for me van on way back from the pub  .
... Tom ....


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## Dive Tramp (May 24, 2013)

I always turn the drivers seat round to face the cabin and load it with all kinds of kit (Drysuits, undersuits etc). It's kinda hard to drive from that position. 

DT


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## yorkieowl (May 24, 2013)

stonedaddy said:


> My problem is trying not to get arrested looking for me van on way back from the pub  .
> ... Tom ....[/QUOTE
> Reminds me of a time we went to an event on private land, got blotto, and took us best part of an hour to weave our way back to van, about 75 metres away. (if you ever meet my other half, he'll insist he doesn't drink).


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## Touringtheworld (May 24, 2013)

I'm usually that drunk I find it hard to find the side door and collapse on the bed that Doris has to close it and chuck a blanket on me. So good luck to any plod who can rouse me and try and get any sense out me.:dance:


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