Road side sleeping in a camper van

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  • Strider590
    Strider590 Posts: 11,874 Forumite
    edited 7 October 2017 at 8:20AM
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    Tarambor wrote: »
    Well there are 10,000s of lorry drivers sleeping in laybys in their trucks every night...

    Yes it is unless there are signs specifically prohibiting overnight stopping.

    I was thinking this, but then it occurred to me that people might do this to go "off grid", ie not paying your council taxes, bills, tv licence, home insurance, etc etc etc....... The authorities really don't like people doing this and it would not surprise me if there was an obscure law in place to prevent it.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • Cyclizine
    Cyclizine Posts: 110 Forumite
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    I'd also make sure that if you've had, or are planning to have, a few drinks when parked up for the night then you've put your keys away out of sight - certainly not in the ignition, on your person or lying around in plain view. There's been a few cases of folk being arrested for being drunk in charge of a vehicle, despite being stopped for the night.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
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    Cyclizine wrote: »
    I'd also make sure that if you've had, or are planning to have, a few drinks when parked up for the night then you've put your keys away out of sight - certainly not in the ignition, on your person or lying around in plain view. There's been a few cases of folk being arrested for being drunk in charge of a vehicle, despite being stopped for the night.

    The location of the keys make no difference. The police would have to prove the likelihood to drive whilst over the limit.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
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    edited 7 October 2017 at 1:01PM
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    Warwick_Hunt wrote: »
    The location of the keys make no difference. The police would have to prove the likelihood to drive whilst over the limit.
    Incorrect.
    The law states that once you are in the car and are drunk, the offence has been committed and you are guilty unless you can prove that there was no likelihood of your driving that vehicle until you were below the limit.
    It is not up to the CPS to prove that you may have driven. It is up to you to prove that you wouldn't.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    ^^^^ is correct.

    One way of doing that would be to put the keys into the glove box (for example).
  • Nebulous2
    Nebulous2 Posts: 5,116 Forumite
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    Strider590 wrote: »
    I was thinking this, but then it occurred to me that people might do this to go "off grid", ie not paying your council taxes, bills, tv licence, home insurance, etc etc etc....... The authorities really don't like people doing this and it would not surprise me if there was an obscure law in place to prevent it.

    I think that is a bit paranoid. You obviously dont have council tax / home insurance etc if you live in a motorhome. You need to insure the vehicle and that can be difficult without a home address. Many people use a family member's home as a contact.

    It's called "full-timing" and there is a lot of advice available on the internet. Lots of people do it, for a variety of reasons, often a mid-career break, using equity in their home or savings to tour the world for a couple of years.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
    edited 7 October 2017 at 2:12PM
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    George_Michael wrote: »
    Incorrect.
    The law states that once you are in the car and are drunk, the offence has been committed and you are guilty unless you can prove that there was no likelihood of your driving that vehicle until you were below the limit.
    It is not up to the CPS to prove that you may have driven. It is up to you to prove that you wouldn't.

    As I said, it's up to the prosecution to show the likelyhood to drive. CPS are unlikely to authorise a charge if this cannot be shown post interview. Remember the OP is asking about a camper van and not sleeping in a car.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
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    DoaM wrote: »
    ^^^^ is correct.

    One way of doing that would be to put the keys into the glove box (for example).

    And what's to stop you removing them?
  • George_Michael
    George_Michael Posts: 4,251 Forumite
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    Warwick_Hunt wrote: »
    As I said, it's up to the prosecution to show the likelyhood to drive.
    You can say it as many times as you like but it's still incorrect.
    The CPS do not have to show anything.
    The person in charge of the vehicle is required to prove that there was no likelihood of them driving the vehicle.

    https://www.legislation.gov.uk/ukpga/1988/52/section/5
    Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.
    (1) If a person—
    (a) drives or attempts to drive a motor vehicle on a road or other public place, or
    (b) is in charge of a motor vehicle on a road or other public place,
    after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

    (2)
    It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
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    George_Michael wrote: »
    You can say it as many times as you like but it's still incorrect.
    The CPS do not have to show anything.
    The person in charge of the vehicle is required to prove that there was no likelihood of them driving the vehicle.

    https://www.legislation.gov.uk/ukpga/1988/52/section/5

    Have you ever sought pre-charge advice from CPS for drunk in charge?
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