law regarding drinking alcohol in motorhome

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law regarding drinking alcohol in motorhome

Post by fortyeight on Mon Jul 30, 2012 4:36 pm

hi and wecome im a new member,could do with a bit of info whats the law ,position ,when camping in the motor home on a road after having a drink can i get done for being in posetion or not,or any ways around it, all answers appriecated ,


Last edited by ASOF Staff on Tue Jul 31, 2012 2:56 pm; edited 2 times in total (Reason for editing : Moved from "Technical Chat Section" Please try to post in the correct areas, Thanks)
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Re: Alcohol.

Post by Guest on Mon Jul 30, 2012 6:50 pm

Hi,

I'm afraid there is no difference in the law, whatever your vehicle, if you are on the road, in a laybye, in the vehicle, you are in charge of that vehicle, -p****d or not!

I would probably imagine that it also applies to pub carparks too. Just be sensible! However if you are NOT in the vehicle then you are not technically in charge of it, say for instance if you were sitting on a park bench away from your vehicle with no intent to drive it.

PS, I'm NOT the law, this would be my own interpretation of what is actualy quite a grey area.

Cheers,

Mike D
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Re: law regarding drinking alcohol in motorhome

Post by Paulmold on Mon Jul 30, 2012 7:57 pm

If you were in your PJ's ready for bed, they would have a job proving you intended to drive.
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Re: Alcohol

Post by Guest on Mon Jul 30, 2012 8:14 pm

Paulmold wrote:If you were in your PJ's ready for bed, they would have a job proving you intended to drive.

Yes, fair comment Paul. I wonder if that would stand up in court?

I suppose it depends on how keen our 'friends in blue' are at the time. snigger

Mike D
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Re: law regarding drinking alcohol in motorhome

Post by fortyeight on Tue Jul 31, 2012 7:52 am

now ive given this a bit of thought in the past what about if you have hidden your ignition key say 100yards away are you still in charge of it because you cant drive it,i went to HQ in bradford and was told if you are in posetion of the key you are liable,if your key is hidden like mentioned ,so other people cant find it,you dont have it with you is this classed as being in posetion id say not,also does anybody know anybody who as been done for it-john


Last edited by fortyeight on Tue Jul 31, 2012 8:01 am; edited 1 time in total (Reason for editing : more info)
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Re: Allcohol

Post by Guest on Tue Jul 31, 2012 8:55 am

Hi John,

I get the reasoning behind your thoughts. -Sort of.

So, you would have to have someone hide the key for you, where you could not find it until you were fit to drive.

This 'third party' would presumably not be in the same state as you are at the time, lest they forget where they have hidden the key.

As I said, an 'interesting grey area'! confused3

Mike
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Re: law regarding drinking alcohol in motorhome

Post by Paulmold on Tue Jul 31, 2012 9:23 am

If we go back to the original post, the question was ''if I was on a road'', I think these are the crucial words. You are in a way 'wild-camping' and under the influence. Circumstances may dictate that you need to move the vehicle, whether because yobs are banging on your windows, threats of one type or another or the boys in blue simply want you to move. Would you want to drive the vehicle at all having had a drink. On a campsite, I think very unlikely that anyone is going to do you for being in possession of a vehicle with the keys on private land, 'on a road' is a different matter. This has been discussed many times on other forums, some links to these are here below. Many contributors are legal professionals / ex-police.

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Re: law regarding drinking alcohol in motorhome

Post by fortyeight on Tue Jul 31, 2012 12:59 pm

hi mike i cant see what differance it makes who hides the key yourself or someone else the fact is your not in possetion of the ignition key and cant move it if asked to do so
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Re: law regarding drinking alcohol in motorhome

Post by fortyeight on Tue Jul 31, 2012 1:07 pm

hi paul yes parked up on a public road,you pay road tax for that,if your parked in senseable place ,if you havent the key you cant move it,as for yobs as far as i can see call the police ,youve NO key these are just thoughts in case it ever happens
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Re: law regarding drinking alcohol in motorhome

Post by hillwalker on Tue Jul 31, 2012 3:43 pm

Hi,
I shouldn't think the police would bother any-one if you are parked legally i.e a lay bay where overnighting is allowed, the back corner of a pub car park (assuming you have asked for permission) or even wild camping. The only time they would be interested is if you have parked thoughtlessly and they are following up a complaint and then I would just apologise and say I am in no condition to move but will do so as soon as possible in the a.m!
If you have a disposable breathalyser with you could produce it to show you are a responsible person and hope they are satisfied.
All this is o.k if you are coherent!!!!!
"H" peace

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Alcohol and your motorhome

Post by murph on Wed Aug 01, 2012 8:29 pm

Hi All,
I remember a magazine artical or letter in an HGV magazine several years ago which refered to instance of an HGV driver who was over the limit in his cab one evening in a layby when a policeman charged him with drunk in charge, his union defended him on the grounds that his cab (a sleeper cab) was his home while he was at work, and as such he was at home at the time, as he was in a state of undress it was obvious that he did not intend to drive that night and he was aquitted.
On this basis I would assume the same applies only more so to a motorhome,particularly if the cab seats are reversed and the bed made up, providing you are not still over the limit when you set off to drive next morning.


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