Wild Camping...Talk to me!

[Deleted member 775]

Thanks for that. Seems to be a common answer amongst this community. there is a busy carpark by me in the mumbles in swansea where regular overnighters do just as you have said. They have yet to be moved on after been spoken too numerous times by understanding policemen. Go fishing, have a beer , and bed down. No drama. The key word on previos disscusions about this is jobsworth. Thanks for your time and safe trip home.

more than likely i would have been there with a few of my mates in there vans most weekends you will find its knab rock one of our regular places somtimes we have stayed there all week no bother .just a tip park on the road opposit during the day for free ok there are double yellows there but no one bothers then into the car park after seven its free overnight till seven next morn if you do sleep in the parking attendent will give you a knock instead of booking you . havent been there since last june but i wonder if ian is still in his merc van according to form he has lived in vans for about 10 years allways in the same spot on the side of the road

 

[John H]

I echo the previous advice and add that a friend of mine is a retired traffic cop (also a motorhomer) and he has always said that the police are just not interested in prosecuting anybody for drinking in their vans if they are clearly parked and there is no intention to move. As others have said, the CPS would probably not proceed anyway and if they did, the courts would probably be less than interested. Over the years, we have spoken to several policemen while wildcamped and drinking and not one has ever mentioned the drink (but don't offer them one or they might get you for attempted bribery!). So go ahead, enjoy your drink and keep the keys on the hook!

 

[Hobbsy]

awsome, thats good enough for me!

 

[barryd]

I think they have to prove intent to drive and unless your sat in the drivers seat with the engine running its unlikely that they could ever do this. As Mandrake says in theory you could be done in any public place be it a pub car park, layby, CL or campsite if they think your going to drive. Wont happen though.

Enjoy your beer!

 

[AndyC]

I think they have to prove intent to drive and unless your sat in the drivers seat with the engine running its unlikely that they could ever do this.

Actually this is one of the few areas of UK law where the onus is in the accused to prove their innocence.

The phrase usually quoted is: "It is a defence for a person charged with this offence to demonstrate from the evidence an arguable case that at the time he was alleged to have committed the offence, the circumstances were such that there was no likelihood of his driving the vehicle while the proportion of alcohol in his breath blood or urine remained likely to exceed the prescribed limit."

AndyC

 

[barryd]

Actually this is one of the few areas of UK law where the onus is in the accused to prove their innocence.

The phrase usually quoted is: "It is a defence for a person charged with this offence to demonstrate from the evidence an arguable case that at the time he was alleged to have committed the offence, the circumstances were such that there was no likelihood of his driving the vehicle while the proportion of alcohol in his breath blood or urine remained likely to exceed the prescribed limit."

AndyC

I think it was a copper on FACTS that told me that. Perhaps I miss quoted him. Its academic anyhow as your simply not going to get done, just like your never going to get gassed or hacked to death by the wildcamping Axe murderer!

 

[AndyC]

Its academic anyhow as your simply not going to get done, just like your never going to get gassed or hacked to death by the wildcamping Axe murderer!

I agree with that, it seems to be pretty generally accepted that if you are parked up for the night in a motorhome, you won't get arrested for drunk in charge, providing you're not causing an obstruction or other problem, and the keys aren't in the ignition.

Having said that, I don't have a drink if we are wild camping somewhere that I don't know, just in case we have to move. Hasn't happened yet but you never know.

AndyC

 

[Hobbsy]

This was my worry, but then again my wife drives and its doubtfull we would both have a drink but then saying that, if they cant really move you on then i suppose theres no problem anyway!, cheers!

 

[Firefox]

Re: Drunk in charge. It doesn't matter where the keys are, You can hide them in the wardrobe, give them to the wife, or have them in your pocket it's all the same thing - you still have access to them. (But not having them in the ignition would be a good start!)

You have to prove you have no intention of moving off till you are in a fit state. This is best done by swiveling the driving seats away from the controls, laying tables, and making beds etc. The keys are just a red herring, often heard quoted about by that smart man in the pub, and not usually in reference to a vehicle equipped for overnight use like a camping vehicle.

 

[John H]

Re: Drunk in charge. It doesn't matter where the keys are, You can hide them in the wardrobe, give them to the wife, or have them in your pocket it's all the same thing - you still have access to them. (But not having them in the ignition would be a good start!)

You have to prove you have no intention of moving off till you are in a fit state. This is best done by swiveling the driving seats away from the controls, laying tables, and making beds etc. The keys are just a red herring, often heard quoted about by that smart man in the pub, and not usually in reference to a vehicle equipped for overnight use like a camping vehicle.

Technically your first paragraph is correct. Your second paragraph, however, will make absolutely no difference - it doesn't matter which way the seats are facing or whether the table is laid. However, I go back to what my retired traffic cop friend told me - that the police are not interested in prosecuting, the CPS would be even less interested and the courts (if it got that far) would consider it a waste of public funds. Our own experience with the police in various countries backs this up and I have never met or heard of anyone who has been prosecuted. Unless anyone out there knows of someone who has been done for being drunk in charge of a motorhome on a wildcamp then I wouldn't worry too much about it.

 

[joncris]

If it were true EVERY MH camper, caravan owner on EVERY camping site (wild or not) would be liable to being prosecuted for being "in charge' whilst over the limit

 

[bigpieeater]

I echo the previous advice and add that a friend of mine is a retired traffic cop (also a motorhomer) and he has always said that the police are just not interested in prosecuting anybody for drinking in their vans if they are clearly parked and there is no intention to move. As others have said, the CPS would probably not proceed anyway and if they did, the courts would probably be less than interested. Over the years, we have spoken to several policemen while wildcamped and drinking and not one has ever mentioned the drink (but don't offer them one or they might get you for attempted bribery!). So go ahead, enjoy your drink and keep the keys on the hook!

...But don't forget, when the law nicks you, tell them that JOHN H said it is ok to drink whilst in charge of a vehicle!!

What utter nonsense...being in charge of a vehicle AND drunk (or over the limit) is still an offence. Don't risk it.

Take a look at this....

In charge of a vehicle with excess alcohol or while unfit

A possible 10 points and £5000 fine, it is information like JOHN H has given that puts you at risk. I understand that SOME Plods MAY turn a blind eye, but that is no defence in court.
So thanks JOHN H but I'd rather you stick to telling us all what you think about the price of Diesel!!

 

[vwalan]

if you have the keys to avehicle or even have a vehicle registered to your name and are drunk are you not drunk in charge?we need to be resonable i can sit in my trailr as i am now but its very obvious i,m not going to drive . if i do then its drunken driving. even sat in your house you are in charge of the vehicle.

 

[bigpieeater]

an answer to your first two questions ,one you wont cause a row and two dont be sorry we are here to help . in all the time and places we have wild camped and we do nothing else ,we havent been asked to move on by anyone , even the time we lived in our van .there is some debate on the legality of parking up but as i say we havent had any trouble with the law , as for a drink or two my advice is dont go overboard its not whilst you are parked for the night ,its next morning where the trouble will rear its ugly head i know we and others have even had conversations with the police whilst parked in our vans on a car park whilest drinking a can or two ,they seem to understand that we have no intentions of driving so leave us alone . there is one car park not far from us ogmore by sea there are notices that state no overnight parking no camping and if you do you will be fined 50 quid but there is always one or two vans stay at weekends ,the police come and say your not realy supposed to stay here but if you have been drinking you will have to stay the night so they are not bothered . also i have not heared of anyone being fined there .so i would say drink but dont go overboard by the way no police officer will or can ask you to commit an offence as he will be breaking the law so if you have had a drink he cannot move you on .

......but he CAN do you for being drunk in charge with up to 10 points and £5000 fine.
Come on, if we are going to try and advise people, let's at least check out the law first.

 

[Deleted member 775]

...But don't forget, when the law nicks you, tell them that JOHN H said it is ok to drink whilst in charge of a vehicle!!

What utter nonsense...being in charge of a vehicle AND drunk (or over the limit) is still an offence. Don't risk it.

Take a look at this....

In charge of a vehicle with excess alcohol or while unfit

A possible 10 points and £5000 fine, it is information like JOHN H has given that puts you at risk. I understand that SOME Plods MAY turn a blind eye, but that is no defence in court.
So thanks JOHN H but I'd rather you stick to telling us all what you think about the price of Diesel!!

you cannot just put the blame on john we all say basicaly the same .and come on lets see who can honestly stand up and say honestly that they have never had a day out and had a tipple with our vans or cars and driven or gone to work next morn with a hangover ,i will accept non drinkers and puritains to answer that they havent. ps the term p.c plod realy means a foot patrol officer they wont give you a breath test as they dont carry a breath test kit ,or very very few do ,its the mobile patrols that carry them and they have other nicknames of course pc plod may call a mobile unit to attend if he thinks there is a need but then again we could win the lottery tommorow and then we can get off our heads with booze cos we would have james to drive us .....home james hic hic

 

[Deleted member 775]

I think it was a copper on FACTS that told me that. Perhaps I miss quoted him. Its academic anyhow as your simply not going to get done, just like your never going to get gassed or hacked to death by the wildcamping Axe murderer!

dont know about the axe bit but if you did suffer the axe man you may end up in a big pie

 

[vwalan]

police dont do you. you have to be taken to court first. cps arent daft and very often use their brain.(some times not i will say).but even then you can give a good reason to your innocence and if you lose appeal , appeal . and still appeal.go to the crown courts if required .

 

[Deleted member 775]

......but he CAN do you for being drunk in charge with up to 10 points and £5000 fine.
Come on, if we are going to try and advise people, let's at least check out the law first.

i used to be in the west yorkshire force , and yes there is a chance of an arrest but a very very small one .but then there is even less of a chance of being prostiquted in court as has been said over and over and over again yawn ,the police have more on there mind to bother with us taking a gless or two its next morning you need to wurri about ps sorry about the spelin

 

[bigpieeater]

i used to be in the west yorkshire force , and yes there is a chance of an arrest but a very very small one .but then there is even less of a chance of being prostiquted in court as has been said over and over and over again yawn ,the police have more on there mind to bother with us taking a gless or two its next morning you need to wurri about ps sorry about the spelin

So....after all the debate, we appear to agree that, if you have had one too many AND sat in your vehicle (rather than in your home!) you are in charge of the vehicle and CAN be done.
So I would say, it is probably best not to drink and be in charge of your vehicle whilst on Public property, do what the hell you want on PRIVATE property.

 

[joncris]

The same drink drive laws apply on private property IF the public have access