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Does anybody know what the actual laws are in the UK regarding wild camping in camper vans? I normally park in quiet places where I think I won't upset anybody, but have often woundered what the actual laws are.
Also what are the laws with drinking alcohol in a parked camper? Depite having no intention to move could you be done for drink driving?
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Hello Scumbag,
The law and wild camping is a very grey area legally you are entitled to park anywhere on the public highway but take into consideration other peoples property and space,private land is a no go if you dont have permission.Having a drink when parked up is a tricky one to,but there must be an intent to drive your Mh for the courts to prosecute ie if your sat in your pyjamas watching T.V. theres no intent to drive, but if your in the drivers seat with the keys in the ignition your in trouble.Sorry this is only a brief outline but its a very complex issue.
Mark.
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Hello Scumbag,
............legally you are entitled to park anywhere on the public highway ..........
Mark.
Maybe the law has changed but it used to be that if you STOPPED on the public highway you immediately committed the offence of obstruction.
This was explained to me by a policeman who did me for stopping at the side of a road with no parking restrictions whatsoever during a bus strike in Hull some years ago.
It was apparently one of those laws to which their is no defence. I even wrote to the Chief Constable at the time but he repeated the above information and I pleaded guilty by letter and got a fine.
I was told that the highway was for moving traffic and that in law, if you stopped you were technically committing an offence although this law isn't invoked very often.
I was done because I had been there 12 hours from 7am to 7pm.
Re drinking in the van;
I've done a lot of reading up on this. I personally would feel quite comfortable taking a few scoops when parked up at the roadside for the night, just as long as i'm well off the carriageway and in a quiet place, not obstructing anything. It's a subject that makes some folk nervous as it's a grey area of the law.
Seemingly the law on DD applies well beyond the public highway. People have been charged in pub car parks etc. so by that rationale the police could charge you for drinking in the van when parked up on an official campsite! Or even your own driveway! This shows how vague the law is on this matter.
INTENT to drive seems to be the main issue here. In the case of a MH it would be very hard to prove intent unless you actually drove off! A police officer would need to be convinced an offence was being committed, otherwise would be subject to much ridicule from colleagues, media etc.
So I think common sense would prevail.
Nevertheless it would be a good idea to avoid "trouble spots" where you might be asked to move on, eg urban car parks or areas where you might attract undue attention for any reason. There are definitely some places where i would think twice before indulging. But mostly they would be places I would try to avoid anyway!
To sum up; there must be loads of folks who take a drink in vans in these circumstances, or even go to the pub then back to the mh for the night. I haven't ever heard of any being charged.
Just keep the keys out of the ignition and stay out of the driving seat!
Cheers
Robert!
Can I add my thoughts on the matter of drinking whilst parked up for the night. It would seem to me not to be worth the risk. What happens if PC Plod has been having a rough time with the wife, kids, girl friend, job, stress, etc, etc and takes it out on the MH owner. With the remote possibility of an independent witness, the driver would be at a disadvantage if Plod wanted to make an arrest. Best not to go there I think.
regards
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I have taken the exert below from the body of the Road Traffic Act 1988.
If you drive or attempt to drive on a road with excess alcohol we all know the possible consequences. But you must bear in mind the second part of being drunk in charge of a motor vehicle, that is if you have responsibility for a vehicle and the means to drive it (i.e. the keys).
Obviously the defence will come into play and I would say that most police would realise that if you were parked up off the main highway not causing anyone annoyance you would probably get left alone.
As has been said many times they have got better things to do!
5.—(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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Hello Scumbag,
The law and wild camping is a very grey area legally you are entitled to park anywhere on the public highway but take into consideration other peoples property and space,private land is a no go if you dont have permission.Having a drink when parked up is a tricky one to,but there must be an intent to drive your Mh for the courts to prosecute ie if your sat in your pyjamas watching T.V. theres no intent to drive, but if your in the drivers seat with the keys in the ignition your in trouble.Sorry this is only a brief outline but its a very complex issue.
Mark.
Hello mark
We never have alcohol if wild camping. If on a dedicated aire we may have one but always put the keys away & never sit in the driving seat. If on a campsite well. We just put the keys away & turn the seats round.
Motorhomer
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legally you are entitled to park anywhere on the public highway but take into consideration other peoples property and space,private land is a no go if you dont have permission.Having a drink when parked up is a tricky one to,but there must be an intent to drive your Mh for the courts to prosecute ie if your sat in your pyjamas watching T.V. theres no intent to drive, but if your in the drivers seat with the keys in the ignition your in trouble.Sorry this is only a brief outline but its a very complex issue.
