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as long as you dont have the keys in the ignition or the engine running.you must show that you dont intend to drive your van whilst drunk your fine, so if you still hooked to ehu with awning attached and blinds shut all the normal things there is nothing wrong,you will find most police wont even look at you unless your making an arse of your self.

mike

I don't think you need fear if you are on a campsite or even on private property. It could be more problematic if you were parked for the night at the side of the road in a layby or perhaps in a carpark where you could be required to move on by the police.

David

I don't think the keys even have to be in the ignition.

I'm sure there wouldn't be a problem on a site, but in a layby, for instance, I would expect to be charged.

Not a legal expert, but that's the way I read it.

Jim

Quote: Originally posted by TREVCHRIZY on 31/5/2010

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Some food for thought, thanks for all your replies, seems to ask more questions.
We like to visit Scotland, there they have freedom to roam and so how does that work, parked by the road.
Even more a problem in job worth England where too many rules for motorhomers, height restrictions etc, lets not go there!!!
Back to the point, keep your views coming, taking turns may be pushing a bloke too far Val!lol

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The way I read it is if you are sitting on a Tarred Surface then you can bet your bottom dollar that you are on Road Authority Land, be that a road, a laybye, a carpark or a veiw point and therefore you will come under the road traffic act.

If you are in the MH then someone is in charge of that vehicle and therefore that person must A be able to lawfully drive it and B be sober enough to drive it.

Personally, although we have never been breathalysed, we have never drank any alcohol while wildcamping in either our MHs or nowadays in our caravan.

We are of the opinion that wildcamping is one of these hobbies that although it gives us great satisfaction, others frown upon it and we do not want to end up in a situation that would give the Police the excuse to make life difficult.

Hi    Its the same if you are in the Pub and you have the car keys in your pocket you are in the eys of the law in charge of that vehicle under the influence.

Its also the same for truck drivers parked up in a lay-by.  As long as there curtaIns are closed and keys removed.

I was once parked up in our M-H in a hill walkers car park beside Braemar where its allowed and accepted for M-H to park up for night we were in the van having a drink before  our meal when there was a knock on the door, I slid open the side door and here was a Police Man, He asked if we had been there long and asked about a car in the car park, But there on the table right in front of him was a half bottle of Whiskey  He just looked and said enjoy your drink and your meal and wish us a good night.             

I dont know the law but if your sensible and polite if a bobby comes calling id think youd be ok as im sure all the lorry drivers who sleep in their cabs overnight have a beer or 2 and yet to hear of any getting charged.

I do know someone from Dumfries who after getting drunk after work went to sleep in his works van and was a bit cold so started the engine and fell asleep in the back of the van he was charged and banned for 12 months even though the police could see he had no intenttion of driving.

Gerry

Motorhomes cost a lot of money as does the insurance etc to keep our hobbies going.

If "a wee drinkie" is so important to you that you would risk losing your licence for a while and then have to pay over inflated insurance costs after you get it back, well wire in.

We love wildcamping, usually in car parks or quiet laybyes and a soft drink with our meal means that no matter who comes a knocking, we have nothing to worry about from any over officious polisman.

I 've camped all over europe on bikes and vans for over 20 odd years mostly always with a few beers and never once have I had any thought fo being charged for being drunk and in charge ...even when we've had the police chap on the door just for a nosey to see why were there...once they see your not up to any mischief they,re usually sound or even when they wanted us to move but have realised we're not fit do so have asked us to move in the morning.....I'd think as long as your polite and they have no reason to believe you have any intention to drive your fine.....as for sitting in your van sober lobbydosser it certainly doesn't float my boat ...cant beat a nice meal and a few beers in a local tavern...

if you are in a van or car with keys there is no requirement for you to beable to drive or even know how to drive. drunken driving is one thing ..drunk in charge is very doubtfull and precidents have been set . if you are obviously not going to drive your ok .sat in the front seat is a different matter.

as for layby,s best pick one with a verge or pavement between the parking and the road .there is a differance in court. parked in a unobstructive way in a carpark etc you should have no probs. but of course common sense does prevail. cheers alan.

Just put your jim jams and slippers on and if PC plod comes a knocking, then he will clearly see that you have settled down for the night and have no intention of driving anywhere! We have never encountered a problem such as this whenever we've pulled over anywhere for the night and we often crack open a bottle of wine as a nice little night cap or two before bed!

Sue