ok bear with me on this

heading to fort william this weekend for the world cup as me and the misses always do, but taking my old mans motorhome this year instead of the tent as we are going up to skye afterwards

when describing what a world cup weekend is full of to a co-worker (beer bikes big hills etc) he asked… “so if your parked up at a campsite and are drunk and staying in a motorhome does that mean you can be arrested for being drunk incharge of a motor?”

it does kinda raise the point, i know people who have been lifted for sleeping drunk in the car as they lost the group on a night out and the cop says the rule is drunk in charge of the keys etc etc

at what point does the motorhome become a fixed object?

You’ll be fine

google to the rescue

http://www.motorhomefacts.com/modules.php?name=Forums&file=viewtopic&t=75917

Campsite = private land.

You can do what you like on private land.

damn good question, that.
well done 😉

You can do what you like on private land.

well, upto a point although you can be done in a pub carpark, for instance – it’s all down to intention.

You can do what you like on private land.

That’s quite a broad statement.

but surely in the eyes of the law a campsite is a public place as it is being shared by many members of the public?

Campsite = private land.

Campsite = private land = public place.

But unless you are trying to drive it, you’ll be fine. They’re used to motorhomes parked all over the place up there.

but surely in the eyes of the law a campsite is a public place as it is being shared by many members of the public

Yes it is 🙂

I think you can be done but, I would ask the police to be sure.

Where are you planning to park it?

it’s all down to intention.

Guy I used to work with slept in the back of his car (planned) after a night on the sauce, got woke up up early doors by the police, and subsequently awarded a drunk-in-charge conviction. No intention of driving anywhere.

So either
[list]
[*]intention is irrelevant[/*]
[*]the rules have changed in the last 10 years[/*]
[*]he got caught drink-driving and made up a cover story to tell everyone[/*]
[/list]

I guess any court case following being charged would have to prove intent?

http://www.newsandstar.co.uk/news/longtown-man-found-asleep-in-car-cleared-of-drink-driving-1.826929?referrerPath=home/2.1962

I investigated this a while back when I had a van.

From what I recall, it was to do with clear intent, so motorhome parked up with curtains drawn and beds made – OK; car with you sat pissed in the front seat with the keys in the ignition – BAD.

Everything in between is a grey area.

I had a little safe under a seat, so I’d put my keys in that if I was drinking, just so I could say “look occifer, theresh no intenshun to drive”.

Failing that, if there is more than one vehicle with you, swap keys… that way you haven’t got the keys, so can’t be in charge of the vehicle.

Dave

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.

That’s lifted directly from the legislation, which isn’t any more specific than that (although no doubt there will be plenty of case law). It is impossible to say categorically ‘yes you can’ or ‘no you can’t’ do this that and the other because every situation would be taken on it’s merits. As ever, ultimately (if it gets that far), the court decides.

The offence is being drunk in charge on road or other public place, whether or not the camp site you are on counts as a public place will be a question of fact based on who has access and in what circumstances.

it is a defence for you to show that there was no likelihood of you driving while over the limit. So intent is sort of the issue . You would need to show when you were going to drive the motor home next and then by either forensic evidence or common sense that you would have been under at that time.

In practical terms make sure the keys are not in the ignition and you can show when you plan to leave. The police are very unlikely to do anything unless it really looks like you have just driven or are about to drive eg headlights on keys in ignition you in drivers seat engine on . Most police use drunk in charge to pin the smart Alec who says “you never saw me driving.”

Lots of case law on this, alas some of it contradictory. The crux of the matter for a drunk in charge case centres on how likely you are to drive.

If a vehicle such as a sleeper cab or motorhome is parked up for the night in a place of rest or recreation and it is obvious no one is going to be driving until morning, then you are hardly likely to attract any police attention. Having a few wines in a lay-by at lunchtime may draw a different response. Key box or lockable glovebox sounds good.

Don’t go driving round a camp site while pissed, it is a public place and you will get done.

Plus, y’know, a bit dangerous.

so THAT’S what the riser blocks are for……….Sorry occifer I ain’t going anywhere :-)))

For what its worth IME if you were to be parked with the keys not in the ignition and the campervan set upin such a way that it could not be driven ie with porch/awning up and in camping mode I really would say that unless the officer attending is a complete dullard that his or her discretion would come to bear and the obvious fact that you have no intention of driving would be foremost in his/her mind.
Just remember if you are having a skinful to give it a good 16 hrs from your last drink before risking driving. rule of thumb I work on is 1 hour to clear half a pint from my system, very often if I have drank 12 plus pints the night before I will not drive the next day.

If you are in possession of the keys thats enough to get you done technically

Technically, yes – but the CPS will not prosecute unless there’s a good chance of conviction. Read the motorhome thread linked to above.

Note: I spent 3 nights last weekend unfit to drive my camper, but the keys were hung up, the blinds drawn, screen down, and we had no trouble whatsoever.

Unfortunately diglover is correct but you would be very unlucky to come accross an officer so pedantic in my experience.

Just relax and enjoy the weekend. The local police will have much more to worry about, this is without doubt the busiest time of the year for them.There are only about 10 cops that cover the whole of the Lochaber area at any one time.

Remember its Scottish law chaps very different rule of Law to Down South.Although the Road Traffic Act is broadly similar.

With the exception of the Scottish requirement for corroboration, the Road Traffic Act applies exactly the same as in England.

Just make sure you don’t have your keys in your hand whilst you are drunk and entering the
camper home has yes this can lead to being arrested.

Best thing is to put a wheel clamp on whilst you are parked/stationary.

There are sections of the act that don’t require corroboration in Scotland . Like I said broadly similar.

Do you have to be properly, properly drunk to be drunk in charge of something? Does merely being over the limit for driving it in the unlikely event you decided to so count as drunk in charge?

Just make sure you don’t have your keys in your hand whilst you are drunk and entering the
camper home has yes this can lead to being arrested

Will have to leave it unlocked while in the pub then…