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  • FIRST POST
    • pogg000
    • By pogg000 4th Oct 17, 6:33 PM
    • 470Posts
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    pogg000
    Road side sleeping in a camper van
    • #1
    • 4th Oct 17, 6:33 PM
    Road side sleeping in a camper van 4th Oct 17 at 6:33 PM
    Is it legal to sleep in a camper van on the road side for a short length of time?
    lbm 11/06/12 dept total 11499.47
Page 1
    • unforeseen
    • By unforeseen 4th Oct 17, 6:38 PM
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    unforeseen
    • #2
    • 4th Oct 17, 6:38 PM
    • #2
    • 4th Oct 17, 6:38 PM
    http://www.ukmotorhomes.net/motorhome-faqs/11-can-i-sleep-in-my-camper

    Best i can find. As the article says, there are so many bits of legislation that can come into play
    • BeenThroughItAll
    • By BeenThroughItAll 4th Oct 17, 6:43 PM
    • 4,518 Posts
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    BeenThroughItAll
    • #3
    • 4th Oct 17, 6:43 PM
    • #3
    • 4th Oct 17, 6:43 PM
    Yes, it is legal unless specifically restricted by a byelaw.

    Most 'no overnight camping' signs are not backed up by such, and can be safely ignored.
    • tim9966
    • By tim9966 4th Oct 17, 6:57 PM
    • 421 Posts
    • 173 Thanks
    tim9966
    • #4
    • 4th Oct 17, 6:57 PM
    • #4
    • 4th Oct 17, 6:57 PM
    Lorry drivers up and down the country sleep in their cabs in layby's every night without problem.


    Motorways would be one road where it would be illegal, but most A and B roads should be fine.
    • Warwick Hunt
    • By Warwick Hunt 4th Oct 17, 7:06 PM
    • 398 Posts
    • 188 Thanks
    Warwick Hunt
    • #5
    • 4th Oct 17, 7:06 PM
    • #5
    • 4th Oct 17, 7:06 PM
    Lorry drivers up and down the country sleep in their cabs in layby's every night without problem.


    Motorways would be one road where it would be illegal, but most A and B roads should be fine.
    Originally posted by tim9966
    Not if they're clearways.
    • pogg000
    • By pogg000 4th Oct 17, 8:56 PM
    • 470 Posts
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    pogg000
    • #6
    • 4th Oct 17, 8:56 PM
    • #6
    • 4th Oct 17, 8:56 PM
    Many thanks all put my mind at ease a bit
    lbm 11/06/12 dept total 11499.47
    • forgotmyname
    • By forgotmyname 4th Oct 17, 8:58 PM
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    forgotmyname
    • #7
    • 4th Oct 17, 8:58 PM
    • #7
    • 4th Oct 17, 8:58 PM
    Lorry drivers up and down the country sleep in their cabs in layby's every night without problem.


    Motorways would be one road where it would be illegal, but most A and B roads should be fine.
    Originally posted by tim9966
    Not always without problems, i know quite a few that have been moved on for vaious reasons.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • choille
    • By choille 4th Oct 17, 9:02 PM
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    choille
    • #8
    • 4th Oct 17, 9:02 PM
    • #8
    • 4th Oct 17, 9:02 PM
    Plenty of places to tuck away off the main road where you wouldn't be noticed normally.
    • Tarambor
    • By Tarambor 4th Oct 17, 9:45 PM
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    • 918 Thanks
    Tarambor
    • #9
    • 4th Oct 17, 9:45 PM
    • #9
    • 4th Oct 17, 9:45 PM
    Is it legal to sleep in a camper van on the road side for a short length of time?
    Originally posted by pogg000
    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.
    • Nodding Donkey
    • By Nodding Donkey 5th Oct 17, 1:04 AM
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    Nodding Donkey
    Quite a few people in London live in them
    • Richard53
    • By Richard53 7th Oct 17, 4:37 AM
    • 2,533 Posts
    • 2,159 Thanks
    Richard53
    Useful information here:


    https://www.wildcamping.co.uk/
    An hour alone spells freedom to the slave.
    • Strider590
    • By Strider590 7th Oct 17, 8:15 AM
    • 11,613 Posts
    • 6,512 Thanks
    Strider590
    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.
    Originally posted by Tarambor
    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.
    Last edited by Strider590; 07-10-2017 at 8:20 AM.
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    • Cyclizine
    • By Cyclizine 7th Oct 17, 8:49 AM
    • 5 Posts
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    Cyclizine
    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
    • By Warwick Hunt 7th Oct 17, 11:11 AM
    • 398 Posts
    • 188 Thanks
    Warwick Hunt
    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.
    Originally posted by Cyclizine
    The location of the keys make no difference. The police would have to prove the likelihood to drive whilst over the limit.
    • George Michael
    • By George Michael 7th Oct 17, 11:56 AM
    • 2,853 Posts
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    George Michael
    The location of the keys make no difference. The police would have to prove the likelihood to drive whilst over the limit.
    Originally posted by Warwick Hunt
    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.
    Last edited by George Michael; 07-10-2017 at 1:01 PM.
    • DoaM
    • By DoaM 7th Oct 17, 12:12 PM
    • 3,333 Posts
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    DoaM
    ^^^^ is correct.

    One way of doing that would be to put the keys into the glove box (for example).
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    • Nebulous2
    • By Nebulous2 7th Oct 17, 12:28 PM
    • 1,593 Posts
    • 970 Thanks
    Nebulous2
    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.
    Originally posted by Strider590
    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
    • By Warwick Hunt 7th Oct 17, 2:04 PM
    • 398 Posts
    • 188 Thanks
    Warwick Hunt
    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.
    Originally posted by George Michael
    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.
    Last edited by Warwick Hunt; 07-10-2017 at 2:12 PM.
    • Warwick Hunt
    • By Warwick Hunt 7th Oct 17, 2:04 PM
    • 398 Posts
    • 188 Thanks
    Warwick Hunt
    ^^^^ is correct.

    One way of doing that would be to put the keys into the glove box (for example).
    Originally posted by DoaM
    And what's to stop you removing them?
    • George Michael
    • By George Michael 7th Oct 17, 2:22 PM
    • 2,853 Posts
    • 3,851 Thanks
    George Michael
    As I said, it's up to the prosecution to show the likelyhood to drive.
    Originally posted by Warwick Hunt
    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.
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