Wild Camping...Talk to me!

i think the debate is about the real chance of being charged and convicted of a section 5(1) (B) of the road traffic act 1988 i think its comes under(no doubt if i am wrong i will be informed) as long as we act in a responsable manner dont get that pissed that we cause so much noise and mahem, that we commit an offence of being drunk and disorderly in a public place and not in a dwelling house .that is section 5 of section 9 1 c.j.a 1967 to cause a police officer to be so pissed of with us that he just might chance his arm at getting a conviction i would say we dont have anything realy to worry about i have sat chatting to police officers with a drink many a time ,they know we dont intend to drive
 
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mandrake said:
i think the debate is about the real chance of being charged and convicted of a section 5(1) (B) of the road traffic act 1988 i think its comes under(no doubt if i am wrong i will be informed) as long as we act in a responsable manner dont get that pissed that we cause so much noise and mahem, that we commit an offence of being drunk and disorderly in a public place and not in a dwelling house .that is section 5 of section 9 c.j.a 1967 to cause a police officer to be so pissed of with us that he just might chance his arm at getting a conviction i would say we dont have anything realy to worry about i have sat chatting to police officers with a drink many a time ,they know we dont intend to drive
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The trouble with all us 'armchair Judges' is, we don't really know who is the good cop and who is the one who is looking to 'top up' his numbers for the month.
At the end of the day, being in charge of a vehicle whilst over the limit, is still illegal.
 
we all take our chance with everthing in life . life is a big risk assesment we live our lives on chance and life would be so dull without it .so we just give our oppinions on a chance of a certain thing .we dont tell any one to go out and drink and you have no chance of gettin nicked ,its just i have never heared of any body facing a court case for drunk in charge of a motor home.mind you i must admit i was once threaten with being charged with being drunk in charge of a pedal cycle after i fell of it once or twice, by a police officer that happend to have watched my drunken antics, unless i pushed it home. i bid my thanks and goodnight to the oshifer hic and as far as i can recall promptly tripped over the said bike that i must have layed down on the floor he he hic hic but that is another story from a while back .
 
bigpieeater said:
...... do what the hell you want on PRIVATE property.
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Well, hello again! Since you are intent on an argument, this is wrong. If you are in possession of the keys and you are in charge of the vehicle on private land to which the public have access (eg pub car park, caravan site) then you are still technically liable to prosecution. As many, including me, have said above it is a technical offence but the reason no-one in authority is interested is because they would have to prove intent to drive and in a motorhome it would be easy to argue that you had no such intention. This is why no case that I have ever heard of has come to court - unless you know different...........
 
I have wildcamped for many years and have been asked to move on only twice. Once at the time I had a 32 foot American RV and was sat in the car park of the "Foxton Locks" in Leicestershire when the parking man came by at around 7pm. "You will have to go" he said, "I am about to lock the gate". I asked him if it was ok if I stayed the night and wouldn't worry about the gate being locked until next morning when he opened up. I told him he looked very thirsty and perhaps he could do with a drink or two. I told him I would make no mess and would leave the spot exactly as I had found it. He accepted that, and a nice night was had by all. Next morning an early dog walk down the canal and then gone. Perfect! However; and this is perfectly true. One night in Oxfordshire, somewhere near Witney I believe, I had been driving most of the day and left it a little late to find a wildsite... I suddenly spotted a huge vacant spot of well worn earth, off road beside the entrance to a farmers field. I carefully parked up, not blocking the access etc; I had a Talbot then. After setting out the interior for dinner and tuning in the TV I suddenly heard a tremendous thump on the side of the van. I went out very quickly and was greeted by a purple faced ranting farmer with a shotgun.... yes, with a shotgun who threated to shoot out my tyres if I did'nt f**k off quick. I told him that if he did that he would set off two actions, one he would be arrested for threatening me with a firearm and two, if my tyres were shot up I couldn't go anyway. Whilst he was shouting and ranting I calmly got into the driving seat and drove off. I incidentaly, agree that no police officer would charge you with drink driving if you were in the living area of the van and the keys were not in the ignition or on my person.
 
I used to "wild" camp in the centre of newport! Go out on a Saturday night get mildly drunk then sleep in the back of my van at the time this was a Citroen C15. I parked on the main road outside the offices where I worked and left the ignition and door keys there, so I was only carrying the back door key with no access to the front to drive etc. Whilst climbing into the back a local patrol car stopped and asked what I was doing i explained that taxi fee's home were extortionate so I was staying in the van, and it meant I was in town for some shopping on the saturday morning, I explained I had a loo and was self sufficient and tried to assure them I'd leave no mess. I showed them that none of the keys on me would do anything except unlock the rear door.

There words were "we can book you even if you are sleeping and don't drive it".

They gave me two options, drunk in charge of a vehicle and sleep just round the corner in a cell and they'd impound the van or walk home and collect the van the next day.

I chose to walk home :( when I returned for the van the following evening another patrol car appeared from no-where and gave me another talking to.

Since then I am very careful about where i park up if I am going to have more than a couple of beers, ultimately if I am in a nice place and find a nice pub that serves delicous ales I'll find a campsite and park up then walk.
 
John H said:
Well, hello again! Since you are intent on an argument, this is wrong. If you are in possession of the keys and you are in charge of the vehicle on private land to which the public have access (eg pub car park, caravan site) then you are still technically liable to prosecution. As many, including me, have said above it is a technical offence but the reason no-one in authority is interested is because they would have to prove intent to drive and in a motorhome it would be easy to argue that you had no such intention. This is why no case that I have ever heard of has come to court - unless you know different...........
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No intention of arguing with you, just simply pointing out the law...that's all smart A*s :rolleyes:
 
Within the last few years a landowner allowed a gymkana to take place (as he did each year) had a few bevvies then drove across his land to his home the local plod who were policing the event stopped him & charged him with DUI & although his counsel argued he was on his own land he was still convicted as on the day in question the public had access to his land
 
that is quite understandable .as there was a chance he could have killed some inocent member of the public at the horse show
 
Absolutely right - anyone who drinks and drives deserves to be prosecuted - but it is a very different situation from the original point about drinking in a parked motorhome when there is no intention to drive.
 
I have always valued my licence, so at 21 when I got a PSV, I vowed no alcohol within 24 hours of driving. As a result no drinking as I drove every day (my own business).

I got stopped one night with a tail light bulb blown. PC asked to breathalyse. He then asked how long since you had a drink and when I said " A year gone Christmas" he gave me a funny look. Of course the test was clear. I replaced the bulb there and then and we both parted company satisfied with the outcome.

I am now retired but I still stick to my declaration made all those years back.
 
There has been a test case where the defendant proved to the satisfaction of the court although he was in charge there was no likelihood of him driving.

So yes, this does form a valid defence to being in a motorhome with access to the keys while over the limit. I can't be bothered to look up the details of the case now as it has been posted and discussed a million times before, but Google the subject and you'll likely find a link.

There is also discussion by serving police officers on police forums which draw the same conclusions. In my mind, beds made, table laid and seats swiveled away from the controls, with the vehicle in no state to drive, would form part of that defence.

You can all do what you like in your own motorhomes. Sit in the drivers seat with the engine running, waving and honking the horn at passing police cars for all I care :p

But seats swivelled and in bed, if poss, is what I'm doing in mine, having studied the extensive evidence on the web and elsewhere.
 
A friend of mine was banned (she already had 6 points) for "totting up" getting 6 points switching on the engine of her escort cabriolet to close its electric roof while over the drink drive limit, she hadnt even sat in the car and it was on her drive! - luck of the draw I guess.
 
Sounds a bit harsh, as your own drive isn't my definition of a public place.

Strange that she had to start the engine to close the roof though. It's the kind of thing that would arouse suspicion maybe?
 
Knab Rock

mandrake said:
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
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Sorry i am late getting back to you .Spent the last few weeks visiting Knab Rock with the usual visistors still enjoying fishing and socialising.Spoke to a young man in charge of the car park who said he was quite happy with situation. The people in question caused no problems and are very polite in the way they conduct themselves. As said earlier no dramas. There have been a few complaints from the locals (dont forget this is the Mumbles) who have thought the behaviour inappropiate. It may only take one of these miseries with influence to spoil the party. I love my van and like most people enjoy beer. As mentioned in an earleir thread i recently spent the night in Brecon and even though there had good reports of the Prominade and Wotton car park in Brecon I tucked myself away in the middle of nowhere.The advice i have been given by yourself and others is common sense. Low key. Stay off the main roads. The letter of the law still applies. Draw attention to yourself and expect attention. Easy bird!
 
tony said:
steady on there lads.
please no arguing or disagreements please.

tony
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It is the same with EVERY post Tony, I am afraid there is a JOHN H on every site/forum.
Sadly, he does not appear to be a judge or Lawyer, in fact he is an ex teacher, but appears to know everything...about everything!!;)
 
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