Rules on van sleeping in car-parks and lay-by’s…

[slocumjoseph]

This bloke's a typical lawyer..he rambles on a bit but it's all rational and common sense. As a night time taxi driver for many years I've been in most of those situations. I have never driven drunk, even before the breathalyser, as I believe being tired is more dangerous than having a few drinks because you have no control over the eyes and don't realise whats happening. Watch some of the foreign lorry drivers wandering on motorways until they hit the rumble strip. When I realised the danger of the eyes closing I learnt how to cat nap. Not just on long drives either, even in town. Once pulled up somewhere safe I could rake the seat back and allow myself to relax. I found even just a few minutes dropped off was like a fast recharge. Proplus were also useful to keep in the glove box but not too many as you'll become spacey. I've never been been actually moved on although I have had mugging attempts when parked up...but that's another story. So what I'm saying is...if you think you're getting tired priority must be given to stopping and resting.

 

[Oldrat]

Following on from the vid above.. As a former Police Inspector who has studied this legislation in depth, here’s my thoughts.

Reducing the prospect of police arresting you for Drunk In Charge of a motor vehicle when using your campervan.

A summary

To complete the offence the Police must have reasonable grounds to believe that you are likely to drive whilst over the limit.

If you are drunk, sat in the drivers seat with the keys in your pocket. - that’s been held as enough- tough.

I’d suggest even sat in the back of a van with access to the keys puts you in play unless you take steps to “reduce the prospect” as the Barrister said.

To reduce the prospect of police believing that you might drive you can consider any of the following.

Does your vehicle have a bed, if so is it set up and made. Are you cooking/ showering etc etc.

What about the context of your stop? Are you Sat wearing a dressing gown and pyjamas watching telly, or are you fully dressed with your coat on.

Are you wearing slippers or outdoor shoes.

Is the van set up for being driven or is it in camping mode?


There’s lots of things that you can do that reduces the prospect of police thinking that you might drive.

Some of the above might be a bit extreme, but it demonstrates the point that if you are going to drink and be in your campervan then YOU need to consider what image you portray if police speak to you.

After all, a conviction carries a compulsory 1yr ban unless exceptional circumstances.

EDIT A drunk in charge offence carries a discretionary disqualification not mandatory.
Most other drink drive offences are obligatory.

 

[DXX]

How about if you just don’t wake up to the tap on the window?

 

[Oldrat]

Depending on circumstances, they may have a power of entry, using minimum necessary force. How heavy do you want that tap on the window?

 

[DXX]

Depending on circumstances, they may have a power of entry, using minimum necessary force. How heavy do you want that tap on the window?

Surely there has to be good reason to force an entry; warrant for arrest, danger to life etc
If i’m asleep the van is blacked out, no noise or light, no reason to assume anybody is inside.

 

[Salty Spuds]

Following on from the vid above.. As a former Police Inspector who has studied this legislation in depth, here’s my thoughts.

Reducing the prospect of police arresting you for Drunk In Charge of a motor vehicle when using your campervan.

A summary

To complete the offence the Police must have reasonable grounds to believe that you are likely to drive whilst over the limit.

If you are drunk, sat in the drivers seat with the keys in your pocket. - that’s been held as enough- tough.

I’d suggest even sat in the back of a van with access to the keys puts you in play unless you take steps to “reduce the prospect” as the Barrister said.

To reduce the prospect of police believing that you might drive you can consider any of the following.

Does your vehicle have a bed, if so is it set up and made. Are you cooking/ showering etc etc.

What about the context of your stop? Are you Sat wearing a dressing gown and pyjamas watching telly, or are you fully dressed with your coat on.

Are you wearing slippers or outdoor shoes.

Is the van set up for being driven or is it in camping mode?


There’s lots of things that you can do that reduces the prospect of police thinking that you might drive.

Some of the above might be a bit extreme, but it demonstrates the point that if you are going to drink and be in your campervan then YOU need to consider what image you portray if police speak to you.

After all, a conviction carries a compulsory 1yr ban unless exceptional circumstances.

All sound advice. We always take the keys out of the ignition & hang them in the back. If we’re “stealthing” I don’t drink to the point where I’d be over the limit, there are other reasons why you might have to drive that aren’t related to rules & regs. E.g. the local neds start doing donuts in your chosen spot. We’ve had to move a couple of times when we’ve been incognito, non of which have been because we’ve been moved on by the authorities.
Common sense & consideration seem to be the order of the day, when doing something ever so slightly “iffy”.

 

[Oldrat]

Surely there has to be good reason to force an entry; warrant for arrest, danger to life etc
If i’m asleep the van is blacked out, no noise or light, no reason to assume anybody is inside.

Generally speaking yes. But warrants not required, many offences allow for a power of entry.
Drunk in charge as it happens does not but attempting to drive whilst drunk does.

But if someone alleged that you were likely to drive a power of entry is then available without warrant.

 

[Eli]

Forced entry…… they’d better call an ambulance before they do because one of us is leaving in it