Is it Legal to Sleep in your Car or Motor Caravan?

No video

Is it Legal to Sleep in your Car or Motor Caravan?

Рет қаралды 733,732

Жыл бұрын

Check out my exclusive content at www.blackbeltb...
Also me: kzfaq.info...
My wife's cooking: kzfaq.info...
BlackBeltFLOOF: kzfaq.info...
Address for PAID Formal Advice ONLY: clerks@ShenSmith.com
Disclaimer: Neither this nor any other video, may be taken as legal advice. I accept no liability whatever for any reliance placed upon it, as there is no contract between us and I am not instructed by you.
For formal advice, please contact clerks@ShenSmith.com.
💌 Become a channel member to access stripes and perks!
/ @blackbeltbarrister
MY CAMERA GEAR
🎥 Big Camera amzn.to/3yFFcFf
🎥 Small Camera amzn.to/2RB7ez9
🎙 RODE VIDEOMic Pro+ amzn.to/2QCJURi
Gobe ND Filter amzn.to/2R3eEuA
Neewer Ring Light amzn.to/3aOkLtT
Switch Pod amzn.to/3sZb8yA
JOBY Tripod amzn.to/3dXJYDT
External Media Drive amzn.to/3uxNDOQ 🎓 Brilliant contract law book:
amzn.to/2PHC2O1 🎓 Excellent book with an overview of criminal law:
amzn.to/3gTPEAV 🎓 Learn more about trespass and tort law:
amzn.to/32N6TLS
(Affiliate link)
LAW FAQS
• Common Law
CONSUMER LAW PLAYLIST:
• Consumer Law
TREE LAW PLAYLIST:
• Tree Law Miniseries
ROAD TRAFFIC LAW PLAYLIST:
• Road Traffic Law
FAMILY LAW PLAYLIST:
• Family Law
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein.
#blackbeltbarrister #lawyer #barrister
Description contains affiliate links; I will occasionally earn commissions from qualifying purchases or leads generated.. Descriptionmay contain affiliate or sponsored links, for which we may receive commissions or payment.

Пікірлер: 2 500

@stillraven9415 Жыл бұрын

I used to sleep in my car all the time. My wife and kids would always wake me before I hit anything.

@johnhehir508 6 ай бұрын

That's lovely for you😂😂😂😂😂

@iggysfriend4431 6 ай бұрын

That's like the old joke, "I want to die like grand dad in his sleep, not screaming like his passengers."

@TheGreatoutdoorsAndGourmetVic 6 ай бұрын

LOL!

@georgiakerek7999 5 ай бұрын

😂😂

@carnivorecampers 5 ай бұрын

😂😂😂

@tilerman Жыл бұрын

I'm a self employed sole trader and my job takes me all over the place and i always have a made bed in the back of my workvan (window less) and i regularly sleep in the back. If i'm 3 or 4 or more hours drive from home it's more economical for me to sleep in the van rather than drive home, get home late only to get up at 4 or 5am to drive back again. Where to park? A busyish street where you won't draw attention, never a car park, and in 25 years never been bothered. Back of the van is really cosy plus i get away form the Mrs and kids. Nice!

@cyberwomble7524 Жыл бұрын

Had a similar set up in the 70's - but it was most definitely not work related. It did have "Bangmobile Ltd" painted down the side, though.

@tilerman Жыл бұрын

@@cyberwomble7524 'Bangmobile' what was that, a mobile panel beating service!

@cyberwomble7524 Жыл бұрын

@@tilerman It was supposed to be "Banger Mobile" but my mate couldn't spell - a common affliction for signwriters the world over!

@markmewordz6860 Жыл бұрын

Urban stealth camper. Cool.

@andrewpease3688 Жыл бұрын

Same thing. It's enlightening how often people wake me up by poking about and trying the doors.

@ScepticPJ 6 ай бұрын

What kills every time I have to go to the UK are those ridiculous signs; Feeling Tired - Take a Break !! WHERE?

@metallboy25 2 ай бұрын

In a layby? 🙄

@johnbrereton5229 2 ай бұрын

@@metallboy25 There are no laybys on a motorway , but those signs start to appear just as you get onto the M1 for instance.

@1984IsReality 2 ай бұрын

@@johnbrereton5229 Yes but you can just leave at the next junction, find a spot and sleep which would be far cheaper than sleeping at a service station with the extortionate price of refreshments, fuel etc. You could leave the motorway find a nearby petrol station and save money all around with no risk of a parking charge. It is not like you would feel your tiredness hit you instantly, it is something that you would feel coming onto you for 20-30mins at least, and this is plenty of time to get off a motorway and find somewhere. The only exception in this case would be if there was a traffic jam due to and accident/roadworks etc, but these are few and far between.

@johnbrereton5229 2 ай бұрын

@@1984IsReality There are constant traffic jams on the MI particularly near Luton due to ongoing roadworks that aren't expected to end until 2045 at the earliest .

@1984IsReality 2 ай бұрын

@@johnbrereton5229 I get that, which is why i said it is an exception, which is what it is and does not apply as a blanket statement right across the UK does it. There is always exceptions to everything, but that does not ultimately have a great impact on the point i was making, if you live there and have to use it regularly than that is just unfortunate, but my point still stands.

@oldbatwit5102 6 ай бұрын

I was arrested and charged with 'drunk in charge' in London years ago. Three solicitors, over the phone, said I was guilty and should plead guilty or get the book thrown at me. When I went to court I pled guilty but the Clerk to the Court 'reminded' the judge that there wasn't a drunk in charge offence, it was actually drunk in charge with intent to drive. The judge wouldn't accept my guilty plea and entered not guilty. It took two more court appearances but the last judge found me not guilty and explained the law in simple terms. If you can prove you had no intent to drive you aren't guilty.

@therealgraeme 5 ай бұрын

Thank you for sharing. So there is some common sense in the British legal system. Thank goodness.

@jonathanwebb8307 5 ай бұрын

I always thought this rule was too harshly applied. I don't like drunks and have never been in a vehicle over the limit myself but even so I would much rather drunks sleep in their cars in pub car parks than attempt to drive. The result of the Police rigorously enforcing the drunk in charge rules is everyone knows you would be done if you sleep in a pub car park and therefore the drunks drive home. ( or to the hospital or cemetery as the case with drunks often is )

@therealgraeme 5 ай бұрын

@@jonathanwebb8307 Fully agree. I would rather keep them safely off the road. They showed some common sense, so I would hope the police would too (common sense should prevail in such situations). The intent should be *not driving under the influence*.

@fenrir7969 5 ай бұрын

You'd think the onus would be on the police and/or courts to prove you had intent to drive, rather than you having to prove your innocence. This country is such a shit show.

@user-ry5hm7ho8t 5 ай бұрын

Every solicitor I have had any dealings with has winged it. I found if I needed them to get things done I had to tell them the laws they needed to quote. The mal administration you described appears to be endemic. I always check the documents to see if they are completed properly. I saw one judge deliberately lie on his court order, but it went in my favour so i left it. Generally, a judge has to go by the book, and a magistrate by an assesment of 'the reality of the situation'. In reality you will get a magistrate appointed by the local aldermen. They will often be relatives, or associates of whatever provincial lodge, or rotary club, which are part of the social circle of MP's and such. The magistrates are usually bimbos who will become confused if you present them with proof and present laws. The 'law' as far as common law goes, is in those big fat brown books you see in parliament, but in one case, when i copied some pages from it and sent them to a court in reply to a legal matter, they returned my case documents with those removed from it. Just don't trust anyone in those situations.

@thommo6331 Жыл бұрын

Here in Australia we are encouraged to sleep in our cars on long drives. Common sense applies 😊

@kaycee625 Жыл бұрын

We don’t have those distances. Nothing is far away.

@keithterry2169 Жыл бұрын

@@kaycee625 I don't know where you live Karen but there are plenty of journeys in the UK long enough to require a rest break.

@sichere Жыл бұрын

Many Aussies are usually asleep at the wheel. 🤣🤣🤣🤣🤣🤣

@glennfryer1539 Жыл бұрын

Absolutely common sense applies .. 100%

@Hustwick Жыл бұрын

That's the same everywhere to be honest. Here, as he explains, it's down to the circumstance. Generally, he's asked this when the person knows that they're over the legal alcohol limit.

@rogerwilson6367 Жыл бұрын

I've just come back from a long drive in France/Germany and there are places to stop and sleep probably every 30 miles. In the UK it's all based on screwing the motorist one way or another.

@julesviolin 6 ай бұрын

Absolutely 💯 We campers are treated like lepers in UK 🤬🤬🤬

@stestar09 6 ай бұрын

Good point made , well said

@davidcole5803 5 ай бұрын

In france they are called 'Rest Places'

@jonathanwebb8307 5 ай бұрын

@@davidcole5803 I thought they were called "fermée" as that's the sign I usually see on the ones I drive past ;o)

@MrPrestonmale68 5 ай бұрын

So when I see a sign saying tiredness kills and stop and have a nap. I'd look the judge straight in the eyes and say next time I carry on driving....should he find me guilty.

@KingMoronProductions Жыл бұрын

It is ridiculous to think that somebody can tell me where I can and can't sleep, if I'm not causing any issues or bothering anybody. Just wild. Absolute madness. With more of us losing our homes to the cost of living crisis and becoming van lifers (or simply preferring to give up those unnecessary costs and go for it), these sorts of issues will continue to become more of a "make the poor" suffer issue, than anything else :-(

@dtulip1 Жыл бұрын

Welcome to England 2022

@Chonoryokusha Жыл бұрын

In the USA, inceasing numbers of people are living out of their cars. You can even watch videos about this right here on KZfaq.

@smallkid444 Жыл бұрын

Did you watch the video? If you're drunk, in an unsafe place or a place that will charge you for overstaying; then it's a problem, otherwise it's fine to sleep in your vehicle.

@crazychashews Жыл бұрын

It's fine to sleep in your vehicle until someone feel entitled to call the police and make up a story. And if the police officer isn't necessarily the nice kind, you know how that will turn out.

@ukbiker1631 Жыл бұрын

Did you even listen to what he said. You are perfectly entitled to sleep in your vehicle provided it is parked legally and in a safe place and you are not drunk (or impaired for other reasons such as drugs). He didnt say it but, if you are on private land with the land-owners permission, you should also be safe.

@bartonseagrave9605 6 ай бұрын

Sneak into a Police Car Park and sleep in one of their vehicles as they seldom move.

@zo1dberg 5 ай бұрын

Actually, they move when someone says something naughty on Twitter.

@African_Rose 5 ай бұрын

Only when there is 15 diverse ethnically ambiguous girl boss officers.

@smiffy5467 2 ай бұрын

Probably someone already asleep in them.. 😂

@RosskoPeeko 2 ай бұрын

They would have 15 cars chasing you if they found you sleeping in a police car.

@fortuner123 Жыл бұрын

Wow that took a long time to explain a simple topic. Now I understand why lawyers are paid by the hour!

@jnwms Жыл бұрын

They make it complicate so you have to pay for longer. The law only benefits 2 groups, the government or the lawyers. The plebs always lose.

@sverrekoxvold3834 Жыл бұрын

Yes, I felt burdened by opinions and fearful thinking.

@rangerwhite5165 Жыл бұрын

Yeah, go through a divorce and you'll find out how much.😡😡

@andrewegan7011 Жыл бұрын

First let's kill all the lawyers as written by the Bard.

@adriankingdon3055 Жыл бұрын

@@rangerwhite5165 you might even get to sleep in your car full time too!

@bodge6886 Жыл бұрын

Homelessness is a good reason. I work full time but have no fixed address, I live in my caravan because rents and rates are pretty horrendous.

@G4RY1159 Жыл бұрын

What address does it say on your licence along with Insurance etc ?

@cherryred1732 Жыл бұрын

O aye. You are absolutely correct there.

@walesaudit2771 Жыл бұрын

@@G4RY1159 you don't need a driving license or insurance to own a caravan :)

@G4RY1159 Жыл бұрын

@@walesaudit2771 Soz my mistake, thot I read campervan or the likes. I hope things pick up as a caravan isn't ideal during the winter. ✌

@MarkColemanRules 5 ай бұрын

@lynettesloaneauthor I believe it is, by what BlackBeltBarrister says.

@BintyMcFrazzles 6 ай бұрын

A friend of mine slept in a motorway service station, as you talked about. He was travelling in the middle of the night and stopped to rest for a few hours as he was sleepy. A few weeks later, he received a fine. I guess they'd rather he'd driven and crashed.

@edwardkent 6 ай бұрын

I certainly do.....think of all the paperwork it would have saved, and one less dickhead in society....win win situation

@obi-ron 5 ай бұрын

This is where two different sets of rules apply. The motorway is unsafe to sleep on when your worst case of wake up alarm is forty tons of truck ploughing into you. The service stations are private property and use parking management companies to ensure that they have spaces for customers to use their facilities because they have to make enough money to pay enormous franchise fees to the government (one, but only one, of the reasons why everything is more expensive in motorway service areas). To make the money they need, they limit the amount of time you stay. The parking management companies make money by grabbing cash from anyone who breaks the rules you agree to when you park on property they manage so they are incentivised to do this whenever opportunities arise and the government benefits by getting money from the franchise while dosavowing any liability for the parking fine you receive, making it one less thing for people to be able to blame them for.

@liljasere 5 ай бұрын

Your friends fault for not reading the signs in the carpark you usually get 2 hours free then you need to pay in motorway services

@mdcclxxviepluribusunum1066 5 ай бұрын

No doubt there’s more to this story. Probably multiple signs that weren’t read.

@Ej-en2lz 5 ай бұрын

Nope, all you do is say you were sleeping as to not crash. I’ve gotten away with this multiple times as I was legitimately asleep. Then you get off, they can’t do anything

@BBQ465 Жыл бұрын

Here in Australia, pretty much everyone sleeps in the car. It may take more than 24hrs to drive from places to places. Rooftop tents, camping bed in the cabin of the cars, caravans, camper trailers, all sorts of goodies, allow us to sleep during those long distance driving. And service station does not have a 3hr limit, we can stay there as long as you want. There are also lots of parkable spots along the highway to pull over for a sleep

@Victoria-gq8gt Ай бұрын

You'll be fined by the police if you're found asleep in your car. You are only allowed to 'rest' not sleep. You'll be given whopping fines in every state.

@johnhix484 Жыл бұрын

I often travelled back and forth from Texas to Arizona and pulled over to sleep for the night at a gas station drive way out in the desert that was closed. The gas station owner got used to waking me up when he arrived in the morning to open up for the day. I always thanked him by getting a fill up and breakfast before getting back on the road. Otherwise, I was never disturbed.

@iggysfriend4431 6 ай бұрын

I used to regularly do a long drive and break it in the middle with a sleep in the middle. This was to help prevent an accident due to fatigue.

@tairneanaich 5 ай бұрын

This is actively encouraged in Australia, due to such a high number of deaths from fatigue on the roads (long distances to drive and people don‘t like stopping)

@simonbroddle754 6 ай бұрын

I slept in my car during Covid. I continued working (exempt) and there were no hotels open. Once hotel's reopened they were so full of chemical sprays I continued to sleep in the car. Got a great bed, well off the road and sleep wonderfully. I've always cooked and eaten in my car for 25+ years so will continue to do so. I'm a sole trader and frankly margins are too small to allow me to do much else. Besides, I prefer my own company and prefer good food anyway. Life's great and I enjoy my food, family and sleep wherever I am.

@thathurt Жыл бұрын

Sleeping in a motor carravan? No-one buys a motor caravan and books a Travelodge. 🤦🏻‍♀️ Perfect example of why people don't like the police or lawyers.

@austinbux Жыл бұрын

It's an absurd law that needs reworking. People should be perfectly entitled to sleep in a safely parked up vehicle no matter what state they're in.

@juliaw7533 Жыл бұрын

All contract law is absurd. Learn to unlearn everything you've ever been taught and become a Sovereign man or woman.

@gibfear Жыл бұрын

@@austinbux Friend of mine many years ago lost his licence after working his shift at McD and went out with the staff.. Fast asleep on the back seat in the early hours and police banged on the window and eventually did him for DIC - far safer than driving home and he was parked in a car park not on the road. It is a very silly situation that needs a copper with a braincell not an agenda!

@philiprhodes5537 Жыл бұрын

@@juliaw7533 million percent its about time we stopped following stupid laws because stupid laws create stupid people.. Safe to say we are a country run by morons and the nanny nation that we have become is due to these stupid rules.. Time to take back our sovreignty

@Fee-Nix Жыл бұрын

I agree, it’s British Laws looking for fault or blame, not not what is fair or just. British Law has replaced Religion in keeping the peasants under control. ‘Abide with me or endure purgatory.’

@lambornewagner6600 Жыл бұрын

Some years ago me and a couple of mates used to tour round looking for some of the more "out of the way" village pubs with one of us taking our turn to drive. We came across a truly lovely little pub (sadly now closed) in a village on the outskirts of Tadcaster, which basically became our local. After a little while we started driving there separately in our own cars and bringing a sleeping bag. At the end of the evening the landlady (Nina) would follow us out to the car park and once we were in our cars she would take our car keys with her back into the pub with her, the reasoning being that even though we were parked on private land, the fact that we were no longer in possession of the car keys meant that we could not be regarded as being in charge of the vehicle. The following morning (usually Sunday) she would come back out with a cup of coffee, a bacon sandwich and the car keys. Oh happy days.... but would that have been legal?

@andypender Жыл бұрын

interesting, well it becomes very difficult to prove you are in charge of the car, when the keys are not in the car and there is no way that car can suddenly start driving without the keys

@JoeMaranophotography Жыл бұрын

Surely having a van parked on the driveway and having some drinks in it is the same scenario and can't see how that's illegal.

@dandare2586 Жыл бұрын

As I understand it from the 1960's caravan act, a non caravan site business & domestic households (yes your driveway) can only host 1 sleeper vehicle for the equivalent of 30 days per year ??

@vegvisirphotography5632 Жыл бұрын

@@andypender charge of a vehicle in no way implies a vehicle in motion. Ask yourself, who opened the vehicle. Who is the vehicles registered keeper? Is it you? **hand cuffs**

@subatomic2012 Жыл бұрын

@@andypender what if parked on a slope, and in your drunken stupor, you accidentally release the handbrake? Car in motion without keys needed 🤔

@tonyevic 6 ай бұрын

Anything is illegal if it happens to suit the law at that point, because thats the culture we live in now.

@grahamfleming8139 3 ай бұрын

Everything is illegal except the junta polishing off 250million people and attacking 180 countries!

@dungareesareforfools 8 ай бұрын

I find the stay limit in motorway services in the UK outrageous. They exist to provide services, one of which is a place to rest, for road safety reasons. In France, there are plenty of rest areas in between service areas, completely free of charge, for this purpose.

@liljasere 5 ай бұрын

They are not government sites they are private they have no obligation to give free unlimited parking

@mrcaboosevg6089 3 ай бұрын

@@liljasere The government forces 2 hours free parking so they can force 24 hours parking but they won't. Rip off Britain, the tax money that goes into making these services available comes straight out of our pockets

@sueaustin1382 2 ай бұрын

The point is, there should be places provided for safe resting. @liljasere

@MrEdrftgyuji 2 ай бұрын

@@liljasere They are licensed and controlled by the government. It isn't like anyone can just set up a business on the side of a motorway.

@user-ol8fn2dy8h Ай бұрын

But if everyone stayed for hours and hours others would have nowhere to park

@douglasdavies4128 Жыл бұрын

As a retired lorry driver I often stopped in motorway service arrears to sleep overnight, most if not all have a system to pay for a extended stay, could be by going to the retail shop or paying over the internet, but what ever they charge it is cheaper than paying for a parking ticket.

@chrishar110 Жыл бұрын

They ussually offer a voucher for fast food. I know that very well, I can see it every time I look myshelf in the mirror (120kg).

@SpikeXtreme Жыл бұрын

If you do have to sleep in the car avoid any walkways around routes where people (especially drunks) may pass. Go to a residensial area when people are not moving about and park in an area neutral to any houses opposite. If your in a car try and sleep on the back seat putting a dark blanket over yourself. Lock the doors and open a window by a couple of milimeters to stop moisture buildup. Don't park in the same place 2 nights in a row. Don't park up any farm tracks.

@Admiral_Jezza Жыл бұрын

UK law being way too strict and frankly, ridiculous. If you're not running the vehicle and not on the hard shoulder, you're not endangering anyone else.

@neilmcdougall4927 3 ай бұрын

Still easy prey tho

@purplemonkeydishwasher5269 Жыл бұрын

Yep. I overstayed at a service station once. Driving home from a tough work week in Scotland I felt really ill and needed to have 1/2hour asleep. I set my alarm but set it for the wrong 6Oclock and woke up at 6am, 12hrs later. Being young and inexperienced I had no idea you needed to pay for staying over 2hrs.

@stephenjames59 Жыл бұрын

In most motorway services you get up to 2 hours free parking but if you are likely to be there longer you can go into the shop and pay for up to 24 hours parking ( or pay using your phone). I think it is about £15 or £20 so a lot less than it will cost if you get a fine.

@mosspiglet8766 Жыл бұрын

That sounds like a very sensible provision by motorway services, especially if they provide an area for this longer term parking. Some car parks in towns and cities provide areas for overnight stays for haulage drivers though I'm not sure if it is extended to cars and motorhomes. I understand Europe has haulage car parks that also provide toilet and shower facilities as well as shops and cafes.

@russcattell955i Жыл бұрын

@@mosspiglet8766 Yes, that is the case in EU.

@medler2110 Жыл бұрын

In my experience as an HGV driver, all MSA's and many service area not on the motorway network have a way of paying for parking over the free period. There are still a few transport cafe's left where you can park, but would normally have to pay or at very least pay for a meal. Not many town and city centre car parks allow overnight truck parking now, but there are truckstops in the UK (not enough though) where you can park the truck have access to toilets, showers, cafe, shop, often a bar, sometimes washing machines, and a gym, they are normally similar prices to the MSA's.

@andrewpease3688 Жыл бұрын

Or if you accidentally overstay, cover the number plates before leaving so that the ANPR can't record you leaving

@johnjephcote7636 Жыл бұрын

Yes. I used to pay £10 at Smiths at a motorway service station. I slept comfortably without fear of being fined a horrendous sum (which in the past I had incurred). Cheaper than any B&B and it was only for 22:00-04:30. Don't do it in a tube station car park as either some curtain twitcher will report you or Security will send you on your way. I once was negotiating tiny lanes at night in fog through high Derbyshire and passed Derbyshire Police 'moving on' small campers that had just pulled over for the night quite safely (I thought)...how mean-spirited!

@enchanted_blue9807 Жыл бұрын

The way to contact the DVLA is to phone, let the automated message go throu twice, DO NOT press any buttons. You then get put in a queue. Normally your call gets answered within 15 mins

@phillsmith1901 6 ай бұрын

I am at home now with the car keys in my pocket and drunk. The car is a few footsteps away just the other side of the front door. Am I in charge of the vehicle therefore breaking the law? Why would I need to be in the vehicle to be in charge? Where does the boundary occur?

@jeremyhares979 2 ай бұрын

If your car is on private land it shouldn’t matter

@Isobel31Swan 2 ай бұрын

@@jeremyhares979sowhat happens if your car is parked on the road?

@edwardfitz-gibbon6484 2 ай бұрын

Btw. Some services have provision for overnight stay. They also have showers. You have to pay at reception or one of the tills But it’s very handy sometimes particularly if you are on a long journey in a camper van. Check the signs or ask at reception or shop tills.

@clivewilliams3661 Жыл бұрын

I think this all revolves around 'being in charge of a vehicle'. You could be cited as being in charge of a vehicle whilst you are tucked up in bed close to where your vehicle is. If that is not the case, how close do you have to be to be 'in charge'? Are you in charge of a vehicle if camped in a tent beside your vehicle etc etc etc..... For me, being in charge of a vehicle means being in the driving seat and having the ability to move the vehicle under its own power. If you don't have to be in the driving seat to be in charge then what if the driving seat is occupied by someone else, who is capable of driving? With the advent of keyless entry and starting someone in the back seat can have the key fob and someone else can start the vehicle remotely and therefore having the key is no guarantee that that that person is in charge. If one of the tests is that you are capable of driving the vehicle but don't do it then it is purely speculation that you will. To me this issue is a complete bugger's muddle.

@brolohalflemming7042 Жыл бұрын

That's why I don't really like these kinds of laws where it relies on some discretion. So if you're camping, or have a caravan, camper etc, you're risking your licence if you have a drink. But now I'm wondering how hard, or marketable it'd be to make a breathalyser activated lockbox. Put your keys in there, can't (unless you're a Lockpicking Lawyer) get them out until you blow clear. Technically I guess you'd still be in charge of the vehicle, so might still be risky.

@timothyduggan2263 Жыл бұрын

@@brolohalflemming7042 Possibly 'in charge of' could include taking the handbrake off whilst on a hill, which you could do without any keys?

@EvilGav Жыл бұрын

If you are pushing the car and steering through the window, you are in charge of the vehicle - you don't have to be in the front seat or have the engine running. The question is more about the reasonable expectation that you will drive the vehicle and in the case of when sleeping it off, whether you are likely to drive whilst intoxicated.

@clivewilliams3661 Жыл бұрын

@@EvilGav Its not that you can sit in the front drivers seat but that it gives you access to all the controls and that is what is objected to.- to be in control is the operative point. You can't be in control if you are in the back seat. There are many instances where there is a reasonable expectation that you might do something but until you do it is pure speculation. This sort of thinking causes pre-emptive strikes, starting wars. Reasonable expectation is not fact.

@davidspear9790 Жыл бұрын

It's another of those catch all situations police often use without discretion. Even if you're tucked up in bed with absolutely no intent to drive, as long as you have access to the keys (I know a lot of newer vehicles don't have keys, but they still need human interaction to start them) they can always pull the DIC out of the bag.

@Dan_druft Жыл бұрын

In the olden days {1983} I was pissed with 4 mates in my car so I decided to sleep in the car in the lane I parked in when I was sober. About an hour later the cops knocked on my window and asked what we were doing, so I told him the story and he said I could sleep there if he took my keys and I could pick them up in the morning. The car had no MOT for 9 months but he didn't check. That wouldn't happen nowadays lol.

@danhitchcock727 Жыл бұрын

Went to a club next to a railway station once. My mate parked in the car park, paid for the night then went clubbing. Come out and there's also a taxi office pretty much next door. Ordered a cab, it's busy, going to be an hour. Got in the car to stay a bit warmer whilst we waited and my mate gets done for drunk in charge. The police even checked if a cab was ordered and looked at his pay and display ticket yet they still done him. Lost a lot of respect that day!

@BobyourUncle Жыл бұрын

It never ceases to amaze me how the nation that gave the world the Magna Carta has allowed their police force to get away with this sort of draconian bullshit! Drunk driving means being behind the wheel of a moving vehicle whilst over the limit - nothing more and nothing less! You guys really need to reign plod in before you end up in a total police state...

@LtHarkness187 Жыл бұрын

Dan Hitchcock+ Yea same thing happened to me, except I slept on the roof because my mates took the car-keys from me (Mega Drunk), I told them drop the key too me later, but Police came at 2am and got done with DUI- Because I was mega drunk lost my license for 12months (I fought 2 of my best friends that night because they took my keys) I was concussed/confused and laid on the roof and fell asleep, fined $4000 My stubborn-ness cost me all my friends my car(Couldn't pay Impound fees) Lost my Job (Needed License) 2month later and destitute, off 1 drunken night ......... I can't pay the $4000 fine and pretty done with life (It was going so well hence a few drinks)

@bombkangaroo Жыл бұрын

@@LtHarkness187 Jesus christ.

@leighwalton8190 Жыл бұрын

@@LtHarkness187 how could they say you were in charge of the vehicle if you were on the roof ? If I were you I would walk into a solicitors and ask them. Many do free half hour sessions. This doesn't sound legal to me.

@sherrattpemberton6089 Жыл бұрын

@@leighwalton8190 More to the point - how could they say you are in charge of the vehicle if you don't have the keys!

@Jedi_Scowen Ай бұрын

Advice from a UK government radio ad was if you are tired on the motorway, get off at the next services, have a strong cup of coffee and take a nap in your car until the coffee kicks in. If that is the government's advice, then how can it be illegal to sleep in your car? Right onto the video and see what is actually said.

@hharrison-parker1606 3 ай бұрын

''Tiredness kills'' take breaks when required. I remember that slogan.

@NeoMorphUK Жыл бұрын

I’ve got one for you… I had a migraine and my vision begins to fade out with migraine aura. I keep migraine pills with me (sumatriptan) that works after about an hour with my eyes closed or sleeping. A cop knocked on my window and couldn’t look at him and I explained why… and lucked out in the fact that the cop suffered with migraine aura too. He told me to have a nice sleep lol. Migraines suck.

@serenityinside1 Жыл бұрын

Your magnesium deficient , take magnesium supplements and change your life !

@davidwalker6763 Жыл бұрын

What does "lucked out" mean?

@janetharrod2750 Жыл бұрын

@@davidwalker6763 lucked out means you were very lucky.

@Thurgosh_OG Жыл бұрын

@@janetharrod2750 I always thought that 'lucked out' meant you didn't have any luck that time.

@Scodouk Жыл бұрын

@@serenityinside1 How would you know that? You have no empirical evidence.

@silentwitness247 Жыл бұрын

I often sleep overnight in my Land Rover Defender. I agree, two rules apply; i must be legal and safe. So my Landy is fully compliant with the legalities of using the road, there are no parking restrictions, i don’t drink, i don’t cause a risk or inconvenience to anyone or an obstruction. I also want to stay safe from the possibility of a shunt, being disturbed or at risk of a break in. Simple really. Good night, sleep tight!

@oddball7483 Жыл бұрын

I have slept outside and in a car for a variety of reasons. Tiredness when traveling,economics of reducing my excessive taxation,emotional safety and to escape a potential abuse situation, or just because i enjoy it. Also at times when there is no accommodation at my destination and finally personal safety of something solid as opposed to a tent between myself and a potential threat. Which i have to say is increasing with the number of GULLABLES ILLEGALLY ENTERING THE COUNTRY. THEY HAVE TO PAY THEIR TRAVEL COSTS BACK TO CRIMINALS! WHICH = NO JOB = NO PAY=STEAL!

@IamNasman Жыл бұрын

I too kip in my defender on a regular basis. I don’t do it if I’ve had a drink, if I do have a drink, I don’t take my car. I have a shelter that pulls out from the side of the truck and I can kip under that or I can tie a brasher off the roof rack, so I don’t need to be in the vehicle. Obviously I need to be away from the road to do this, somewhere safe and away from other traffic, a campsite for example. Ive toured Europe a couple of times and often kip in the truck at an eire in France, never had a problem, crack the windows a bit and lock the doors.

@steveselvage40 Жыл бұрын

Probably more comfortable to sleep in than travel in.

@timdurham2080 Жыл бұрын

I couldn’t think of a worse car to sleep in.

@silentwitness247 Жыл бұрын

Good to hear from NAS Man. I have toured around the UK, and Western Europe - the Western Front, the Normandy beaches, Belgium, The Netherlands, etc and never had a problem sleeping overnight in my Defender. It has always been such a pleasure to turn up late afternoon, find a secluded, safe pitch for my standard looking 90 (often in a town), sleep soundly then leave fairly early to visit the next site, museum or beach without leaving a trace. I’m often the first arrival at the next site having the place to myself before the hoards arrive. Proper stealth! Best wishes for your continued outings!

@asambrook76 Жыл бұрын

From my experience on the roads this week, most people choose to sleep in their car whilst driving along never mind on hard shoulders or in lay-bys!

@molex114 2 ай бұрын

If you stop in a service station and over sleep it's usually 2 hours free simply go into the services and pay for 24 hours its usually under £20 for a car. Still a bloody liberty but cheaper than the £100 penalty

@andy-james- Жыл бұрын

Drunk in charge is a bummer! As a soldier in Germany circa 1985 I drove home to the UK. I'd not seen my family for nearly a year. I'd driven across Germany and as I got off the ferry at Dover I felt too tired to drive so I pulled into a quiet car park near a pub. Excellent I thought, I'll just have a few beers then get my head down, tomorrow I'll get going again. At 3am, PC Plod-Jobsworth woke me up, took me down the station and charged me with being drunk in charge. I was over the limit by a gnats cock. 1 year ban, 10 points afterwards and a £400 fine. Plus, as a young 22 year old squaddy it made me virtually uninsurable so I had to sell my gleaming pride and joy - Golf GTI and I was also in the shit with the Army. Not impressed.

@Clearlight201 Жыл бұрын

That really was a bad cop and discredit to the police, it's likely he was scouting the car park near a pub for easy arrests like that, when a bit of friendly information and warning would have been more than sufficient.

@suzybabyukable Жыл бұрын

what a terrible experience for you :(

@markmewordz6860 Жыл бұрын

The only animal with a c**t halfway up its back? A police horse.

@Bridget410 Жыл бұрын

While living in Germany one of the guys had a few drinks so couldn't drive home. He called a German taxi but they were busy, he said he would wait. Because it was cold he decided to sit in his car, he sat in the passenger seat. One of the snowdrops arrested him, he was charged. They knew he was waiting for a taxi.

@dougaldouglas8842 Жыл бұрын

Welcome to Nazi England, where officers home in on drivers that are not causing anyone any harm, whilst Bob the burglar is left undisturbed.

@davidbeakhust9797 Жыл бұрын

In a motorway services, you can normally pay up front for an overnight stop. It is a lot less than a Parking charge notice. Have done this often with motorhome.

@engineeredlifeform Жыл бұрын

I was going to say this, we've paid to park overnight at Gordano Services, near Bristol before, when we had a caravan.

@KarrierBag Жыл бұрын

yes from around £15 to £20 from what I have seen.

@derekheeps8012 Жыл бұрын

I wouldn't stop at motorway services , get off the motorway and find a lay by .

@Pickchore Жыл бұрын

I had to work away from home on a 3 on 3 off shift. On my shift I would sleep in my car for 2 nights. Sometimes I’m a residential area and sometimes locked inside the yard. ..... in SE London. The things we do to save money and provide for the family.

@leonardgill2908 5 ай бұрын

It is perfectly safe to sleep in a motor parked on a street or in a layby. I have been doing it 4 nights a week for years. Never a single issue.

@MishaSkripach 5 ай бұрын

Absolutely.

@isabellflorence4956 Жыл бұрын

Here in Michigan (USA) we have rest stops. They are buildings with restrooms and vending machines. They have grills you can cook on and picnic tables to sit. They are well lit and typically relatively busy. We have napped at those. There’s a separate parking area for semis and trailers.

@thekitowl Жыл бұрын

Sounds ideal.

@BushCampingTools Жыл бұрын

Similar to Australia minus the vending machines. In fact there used to be a thing that at many country long distance roads where the stops were called "Driver reviver" the drive could get free Kit Cat chocolates and coffee, LOL everyone wanted to be the driver!

@simonh6371 Жыл бұрын

They exist all over Europe, everywhere except the UK where we have these motorway service stations with limits on how long you can park, and there aren't many of them, unlike the rest stops in continental Europe which are every 10 miles or so. There are separate parking areas for trucks. Smaller roads have ''laybys'' but these aren't really separated from the road as such.

@spacemonkey200 5 ай бұрын

Your banned and fined everywhere in the UK. It's all about money and not safety. Discusting. 🇬🇧

@bigbadjohn10 Жыл бұрын

Some motorway services charge a fee if you want to stay longer than the ‘free’ period. This is used by truck drivers. You used to get a voucher for shower and breakfast included so it was actually quite good value.

@lesjones471 Жыл бұрын

I knew a man that slept in his car for months on end, never ever got into trouble with it.The thing is remove your device which stops the vehicle running,I used a timer & set it to how long to have a nap,I think the highway code says if you feel sleepy find a good place to stop.It's alwasys best to have cool fresh air circulating in your vehicle and the heater turned down & have outside breaks.

@user-yb3hq7qt1s 6 ай бұрын

My wife and I have a small Camper van. We both have keys and so would it not be difficult for the police to actually identify who is in charge of the vehicle. Here in Scotland we have the right to wild camp which includes at the side of the road (some exclusions do apply, i.e. Loch Lomond) so it is likely that alcohol may be consumed in the vehicle whilst parked up overnight or a number of nights.

@richardwebb5317 5 ай бұрын

Vans are exempt from the Loch Lomond restrictions. Rock up on a bike and use a tent and they will do you.

@michallowther4160 Жыл бұрын

I slept in my car many times when hillwalking in Scotland usually on quiet country roads. Cheaper and more convenient than hotels/b&bs/campsites. Usually parked on a spot close to the foot of the mountains I wanted to climb.

@Manic.miner2077 Жыл бұрын

I always use common sense, I only sleep in my car when I’m using cruise control. 👍🤣

@russpawson966 Жыл бұрын

LOL

@Manic.miner2077 Жыл бұрын

@Ste Srad 😂

@howardosborne8647 Жыл бұрын

🤣🤣

@diegestive4167 Жыл бұрын

😂

@colinjones2505 Жыл бұрын

Most 'chuckle worthy'😂

@andrewwilson8317 5 ай бұрын

I pulled over to sleep because I was exhausted. It was in a lay-by in a national park. About an hour later the police woke me, usual questions and stuff and asked to move on. I pointed out I stopped because was very tired. No excuse, move on. Was this correct as I had made them aware of my state and felt unsafe to drive without taking a break?

@Bettys_Eldest Ай бұрын

Driving back from Ireland through the night I was too tired to complete the journey. Travelodge was full so we decided to sleep in the car at Cardiff M4 service station last November. At 3:00 in the morning we £15 paid by card at the WH Smiths checkout gave us 24 hours parking. It's possible that 3 hours might have been enough, but get to sleep quicker when you know don't have concerns about only having a couple of hours.

@Merlina7 Жыл бұрын

I stopped off and slept in my car near a garage during a long drive through the night. I was woken by a couple of police tapping on my window. But when I explained it was because of tiredness they accepted it and didn't cause me any bother. I think they may have been checking to make sure I was actually alive!

@stubones Жыл бұрын

👍 better you sleep safely than fall asleep driving. I’ve nearby done that a couple of times after being awake for almost 48 hours because of work. It’s a horrible feeling.

@mrcaboosevg6089 Жыл бұрын

Wellbeing check, police couldn't care less where you sleep

@ukbiker1631 Жыл бұрын

More likely they were checking that you were not drunk.

@SuperDickydave Жыл бұрын

@@ukbiker1631hey do like their revenue collection if they can find an excuse to do so. Where has no harm, no injury or loss gone? Corporate companies using equity and our constable's are no more, they use enforcement policies and the colour of law, not actual law. IMHO 😂

@phillupson8561 Жыл бұрын

I knew someone years back who got done for changing his tyre when drunk, so i think the rule is stay away from things with wheels if you've had a drink

@DirkGently1972 Жыл бұрын

Guess it depends where he was changing the tyre...if it was in the middle lane of a motorway for instance? 😂

@phillupson8561 Жыл бұрын

@@DirkGently1972 Lol! No it was parked at the side of the road on the edge of town, his argument was he changed it because being drunk meant he didn't care about the cold, but knew he would the following morning. The copper unfortunatly explaiend back that changing the tyre whilst drunk gave reasonable grounds to assume he intended to drive away once the repair was complete.

@user-rx7hx6wd8m 3 ай бұрын

I am a recently retired cop and i spoke with a camper owner parked on the sea front at Felixstowe whilst serving. He was cooking his lunch and stated he was going to stop for the evening, i saw that he had four cans of beer on his table with one being slowly consumed. We were having a friendly chat so i explained that if he is going to stop on the public road in a parking space he considered to be in charge of the vehicle/camper and would be liable to an alcohol test while having the keys. I explained he should go to a recognised camp site or stop after this one can, he thanked me explaining he never knew this thinking being in a vehicle with accommodation was ok.

@lesjones471 Жыл бұрын

One best advise is stop in a safe place like motorway services and the go for a walk timing yourself for around 20-30mins.Other things drivers do which shouldn't do is drive with your window(s) shut if you can place your fingers through the gap then that would be enough to have a breeze of fresh air, also to help is turn down your vehicle heater too.The warm & lack of fresh air makes you sleepy?

@thetriumphsprint Жыл бұрын

What about truck/lorry drivers with sleeper cabs? These long distance drivers do need, and are probably required by law, to stop driving and rest. Are they only allowed to stop for sleep in designated areas?

@joline2730 6 ай бұрын

The: yes, you can't park an 18 wheeler on the side of the road ANYWHERE - have you ever seen one? The exception is for delivery/onloading outside shops etc., but a lot of retail units now have designated unloading bays (usually at the rear). Long journey stops are at service areas, they can't pull into a parking space on a residential street. They CAN (and do) pull into a (usually) large lay-by on A-roads - you know the ones that are behind hedges and there is often a Drink and food van to serve them.

@AntiGooseAction 3 ай бұрын

There are lots of laybys around the UK where lorrys and trailers park up overnight

@phoenixkali Жыл бұрын

I pulled into motorway services for a nap, hadn't been in England for a while and didn't notice the new 2 hr limit, cameras everywhere thing. My motorhome was parked in lorry area. When I woke, there was a lorry parked in front of me, one behind me and one beside me. One of them pulled away as I woke so I was able to pull out. It was only a I was leaving I noticed the signs about the regs and had been there 5 hrs, but the worries had blocked view of me by cameras. I never got a ticket!👍

@Bercilakdehautdesert-yt1gd Ай бұрын

Regarding the service station overstay, also be aware that, according to Moto, queueing for fuel is the same as parking. Other places to eat, drink and fuel your car can often be found along the way, in small towns and villages, often at lower prices, better quality and more ambient surroundings.

@Twidleythegnome 7 ай бұрын

I met some travellers once and they put their motor home keys in a locked box before having a drink, partially for security and so they didn’t lose them but also partially because of laws like this, although they still weren’t sure if it’d be a defence

@SinkyYT Жыл бұрын

It's not always to do with drink. There's lots of single people that go out for day trips that don't want to spend money renting somewhere for a night and choose to sleep in their car. I used to go metal detecting at weekends at locations out in the country and used to sleep in my car.

@amelialalllalala3914 Жыл бұрын

Your only reply is so rude. But your weekend trips sound fun

@pleasestandby5954 Жыл бұрын

I sleep in my car a lot over the summer due to working with bats (during dusk and dawn) around the country. Never had any problems in the 9 years I've been doing it. I've only been woken up once and that was my fault as I parked on a private road and their private security found me, he was cool about it tho. Just find somewhere quiet and preferably dark and avoid private roads, don't block entrances etc. Cul-de-sacs are normally a good bet as they generally have on street parking and not much pedestrian or car through traffic Also a good idea not to park under oak trees, acorns banging on the roof give me mini heart attacks lol.

@phina8392 Жыл бұрын

Ha this made me laugh because my bungalow has 3 oaks hanging over it, day 5 now of acorns falling on roof day a night, and believe me they are big this year..😂

@pleasestandby5954 Жыл бұрын

@@phina8392 Sounds bloody loud from inside!

@gaugeonesteam Ай бұрын

If there are 2 cars and both drivers have had a few pints, people say you can sleep in your car if you swap keys so that you cannot be drunk in charge but your keys are safe with your friend in the other vehicle.

@hazmat5749 6 ай бұрын

I used to sleep in the back of my car to save myself a long commute, I had a small bed set up in the back with blackout curtains. Saved myself thousands of miles driving. Quite comfortable once you got used to it but could be very cold at times. I also used to pull into motorway service stations for a nap on the way home after a 12 hour night shift on the tracks.

@petermenzies1714 Жыл бұрын

I think this raises some interesting questions relating to sleeping in roof top tents outside but on top of the vehicle, camping nearby and sleeping in tent awnings attached to the vehicle.

@MauriceTarantulas Жыл бұрын

Yeah as then you might be able to avoid the drunk in charge. Or take with you a foam matt and a sleeping bag...although if you reek of booze might defeat the object. Bottom line not worth the hassle find a b and b.

@janedoe6350 Жыл бұрын

If you sleep in your car and you want extra security, thread each of the seat-belts through the door handle and secure it in it's buckle. It won't stop a thief trying to open the door but it will hinder them. Remember they are looking for an easy target... so make it harder.

@lesjones471 Жыл бұрын

Park in a better place which could be near other public or park in a housing estate near lighting & don't forget to hide your valuables too.

@crabby7668 Жыл бұрын

Park next to a police station, should get better protection there.

@MrSychnant 6 ай бұрын

If you're sleeping in the vehicle or motorhome after having a drink and the police are unable to find the ignition keys because you either gave them to friend for safety or you hid them in some nearby bushes (who would do that)? could you still be charged?

@jimcrawford5039 9 ай бұрын

People are living in cars, the poor buggers are homeless!

@neilmcdougall4927 3 ай бұрын

..Drop the poor it's stigmatising, and just adds to the dumb rich setup class war

@DJRockford83 3 ай бұрын

@@neilmcdougall4927"poor" is not just used as an indication of wealth. It's used to imply sympathy, very often when something unlucky happens

@craigroaring Ай бұрын

@@neilmcdougall4927 If you are sleeping in a car with no financially viable alternative, you are poor. The last thing we should be ignoring is the ever present class war.

@garyphisher7375 Жыл бұрын

I used to work with a fella who lost his licence for sleeping in his car after getting drunk. The car was parked in the pub's car park - which had a locked barrier, stopping cars from entering and leaving. Still lost his licence and got fined.

@loftyintentions1985 Жыл бұрын

On private land with public access blocked? Something sounds dodgy.

@Ricardofromage 6 ай бұрын

@@loftyintentions1985yeah, the system is, very very dodgy.

@loftyintentions1985 6 ай бұрын

@@Ricardofromage it has been for many decades. Slowly decaying. And then the tories happened again.

@schrodingerscat1863 2 ай бұрын

He likely didn't mount a proper defence, if you don't defend yourself properly in court you will get found guilty but default. The police don't care about the law or facts only if they think they can get a conviction. They will lie to you about your situation and the law so you always need to get qualified legal advice when in a situation like this. Being drunk in charge on private land is not an offence and if there is no intent to drive it is not an offence anywhere. In court it is balance of probabilities so if it looks like you have taken reasonable steps to indicate you have no intent to drive the vehicle you are ok.

@jeremyhares979 2 ай бұрын

Absolutely wrong

@loosewheels1000 Жыл бұрын

My wife and I slept in our van last week whilst traveling through France heading back to calais, there were a lot of others doing this as well, plus, no charge!! can only do this for 2hrs before having to move on or pay a charge in the UK.

@fifteenq9102 Жыл бұрын

Interesting video topic. I’m a car camper, in that I enjoy camping but sleep in my car. Although always on camp sites, I don’t advocate breaking laws and rules. Side note: moto service stations only charge £15 per night to sleep in their car park. This of course gives access to showers, toilets, some have facilities for laundry, and of course access to a limited selection of shops, restraints, fast food. They are heavily policed with CCTV and security guards and often the police too. This whilst busy, actually cheaper than many campsites, and an awful lot more secure. So if your in a pinch and on a long haul journey it’s worth the £15.

@joline2730 6 ай бұрын

Fifteen: Hope you did not use those "restraints" on your partner 😂😂😂

@kennethausten 3 ай бұрын

I always slept in car when working and I was on 24 hrs call as an engineer. Could not get home so the layby was my bedroom. I did this for 30 years on and off. Was a Way of life.

@alisonbrooks7186 Жыл бұрын

majority of motorhomers and campervanners know the sleep rules well. do some searching on youtube they have put plenty videos out there with all relevant info on the laws and new laws out there now

@nickjitsu Жыл бұрын

Aye, I lived in a car for just over ten years. I now live in a van (for 6 years). I wrote a book about the first 8 years of living in a car called, Backseat Bedroom. I had to research lots of topics including drunk in charge and I asked a load of police departments all over the UK as well as various legal services and a couple of lawyers. It was very difficult to get a definitive answer, but the general consensus was 'don't take the risk'. At the time of my inquiries a couple of responses from the police were that you would be done for drunk in charge, however if you took it to court the prosecutors would have to prove intent. I don't ever want to find out if that's true or not. I'm a musician and travel all the time (one reason I live in a van). The drink driving laws are a lot tighter in Scotland (and there is a zero tolerance in certain EU countries) The very first thing I did when I made the decision to live in a car was to check with the police (Bedfordshire police) that it was legal. Since then I've slept all over the UK and Europe (check the laws before settling down, but most countries are fine with it). Motorway services are a complete rip off, so as a wee tip, come off at a juction after, head along the road a wee bit and you will nearly always find a laybye. Check for signs containing bylaws (some places near Cambridge don't allow overnight stays). Be mindful of lorries as sometimes that's the only place they can stay. Always have two big bottles of water. One full (of drinking water) and one empty. What do you do with the empty one when it's full? Ask a barrister if it's legal first!

@Goodman849 3 ай бұрын

What sort of van would you suggest to get

@johnnyn6022 2 ай бұрын

I'm not sure if it's the same in the UK, but a solicitor friend in Ireland told me that if you want to sleep off booze in your car, leave your keys outside the vehicle in a hidden place (e.g under the car behind a wheel). The police can't charge you with intent if the keys aren't in the car or on your person.

@emcarver8983 Ай бұрын

We are constantly told to stop driving if we are tired and take a break. Then told we can't sleep in our vehicle. So we lie on the pavement?

@deang5622 Жыл бұрын

I think it shows how stupid the law is. If you are drunk and in your vehicle, engine turned off, gear stick in neutral, keys not in the ignition, handbrake is on, then that is a perfectly safe situation. That vehicle is not going to move and cannot cause injury to another person. The counter argument to this is, although this is a safe situation, moments later the driver could put the keys into the ignition and start the car up. This then leading to a potentially dangerous situation. But what should the law be based on? Should you be guilty of an offence when it hasn't happened yet, aka the film Minority Report? The law effectively assumes that whilst the car is in a safe situation, that the driver *will* at a short period of time later, and whilst they still have alcohol in their blood above the legal drive limit, will put their keys into the ignition and start the engine. There is no certainty of this at all. So the law assumes they will commit an offence later and finds them guilty of an offence now when the car is in an entirely safe situation. How is that fair?

@EvilGav Жыл бұрын

I think you under-estimate how long it takes alcohol to leave your system. It's roughly 1 unit per hour, but that can slow if you are drinking heavily and/or constantly.

@deang5622 Жыл бұрын

@@EvilGav I am not making any assumption about the rate at which alcohol is excreted from the body. Indeed, I have not even mentioned that. So I am at a loss to understand why you have brought that into the discussion.

@PeatCowman Жыл бұрын

I was 'moved on' in the small hours by a Policeman after pulling off the motorway (blinky tired) and finding a layby off of a country B road to stop in. It was later suggested to me that it might have been pretty of a anti-dogging operation. So, I guess I was fortunate/unfortunate it was only s policeman tapping on my window.

@MyMy-tv7fd 5 ай бұрын

yes it is legal, lots of people do it all over the country, the only issue is whether the interfering po-po knock on your window

@hanwellfoxfoxy5008 6 ай бұрын

The rule of thumb I adhere to is if your sleeping in your vehicle after having a drink make sure to hide the ignition key outside, you might be in charge of the conveyance but you would be incapable of driving it if plod can't find the key any were on you or in the motor, now days hide the key fob outside but make sure it's in a watertight zip lock bag. Also beware if your in a camper van with a cutlery draw it's been known for some vindictive old bill to try and do you for being in possession of a fixed blade knife and if you have a carving one all the better for the charge after they say they found it under the drivers seat, as happened to a work mate on holiday in France when they could not find the key.

@robindowse4473 Жыл бұрын

Based on your reply there “IS” a chance that you could drive whilst drunk at any time if you have access to both a car and its keys. So even if you have walked to a pub and got drunk. Potentially you “COULD” walk back home and then decide to drive the car to get food or for any other number of reasons. The polices power of prosecution based on potential future uncommitted crimes is why fewer and fewer people trust the police or the judicial system. AS IMO it is impossible to prove guilt for a crime that has not actually been comitted it really makes a laughing stock of the premise of “innocent until proven guilty”.

@EvilGav Жыл бұрын

The premise is "innocent *unless* proven guilty". Putting the word "until" in the sentence implies that you are guilty of something, they just haven't caught you yet. As for the prosecution of potential drunk drivers, circumstance is everything - the police have to have reasonable suspicion that you are likely to drive under the influence. Passing on to the CPS "he walked home drunk and we thought he'd probably nip out for a kebab" is going to get nowhere, whereas "was sleeping in the back of the car, 20 miles from home" will - not least because of how long it takes for alcohol to leave your system (around 1 unit per hour), at Christmas huge amounts of drunk drivers are stopped the morning after, not coming home from the party.

@dtoora Жыл бұрын

Minority report

@redblade8160 Жыл бұрын

robin dowse. I never drink and drive until I've finished drinking - then I drive.

@Turbomgzt 6 ай бұрын

Spot on! This whole "assume" for reason of guilt is presumptuous rubbish and open to abuse by the police that should work on facts. Not guess work.

@Turbomgzt 6 ай бұрын

@@EvilGavmissing the whole fecking point!

@grahvis Жыл бұрын

I did once hear of a case where a motorist was feeling tired, found a safe lay by on a quiet road and settled down for a snooze. The police questioned him and since he said he was feeling tired so stopped for a kip, they charged him with driving while impaired by tiredness.

@bobbyrayofthefamilysmith24 Жыл бұрын

And they wonder why people hate the police

@stevenrix7024 Жыл бұрын

Despite all the signs you see on the motorway, that “tiredness can kill, take a break”?

@hubby-tubadventures01 Жыл бұрын

I think there might be more to that story. If the driver was asleep / parked, how did the police prove the "driving". ??? and what was the court outcome

@MultiMidden Жыл бұрын

@@hubby-tubadventures01 Yeah, that smacks of not being told the full story. My first question is - did someone report their driving?

@seraphina985 Жыл бұрын

@@MultiMidden That is my thinking, maybe they pushed themselves too far prior to stopping and that led to one or more reports to the police that the vehicle was being driven erratically. Seems unlikely that this would have happened had they stopped while they were starting to feel tired but still fit to drive as there would presumably not be any evidence of them driving while unfit then. Eyewitness reports of erratic driving on the other hand are evidence of possible impairment so an admission that they were tired in light of that would probably be sufficient to charge. No mention of whether they were convicted of the offence either the bar for probable cause for a charge is lower than for a conviction after all so it would depend how credible such eyewitness(es) were in court etc.

@lordjim3109 8 ай бұрын

Is it still legal to breathe, or it also depends why I want to breathe?

@joline2730 6 ай бұрын

Lord Jim: A very good point ‼️

@halominder 2 ай бұрын

you have to have a good reason - explain yourself!

@paulrhodesquinn 2 ай бұрын

As a lawyer, I would ask - ‘why do you want to breathe?’

@garywallace8521 2 ай бұрын

Along as it’s parked legally and the vehicle has insurance mot and tax!

@michelleanderson8370 Жыл бұрын

I slept in my car once. Driving along the coast and the fog came in. It was so thick I could not see the front of my car let alone the road I was on. I pulled off and sat waiting for fog to clear and fell asleep. Police woke me several hours later and I found myself blocking the entrance to an information building... It was dangerous to stop when I didn't know where I was but more dangerous to continue on the road

@trueriver1950 Жыл бұрын

I hope the police were OK about it in the situation?

@fontybits Жыл бұрын

Citroen C4 Space Tourer: Fold down the back seats and a single mattress fits perfectly!!! 😃😃😃 Cheaper than an £80 B&B.

@derekheeps1244 5 ай бұрын

Mercedes estate , as big as a double bed in the back .

@brianmuir9059 3 ай бұрын

And better than listening to someone snoring in your youth hostel. Yes I’ve done that in my C4 Spacetourer before. I actually got curtains made for it after that.

@brianmuir9059 3 ай бұрын

I have a Tentbox, so sleep on top of my car all the time.

@robertblair2035 2 ай бұрын

Skoda yeti remove the seats at the back stick in a mattress. Lots of space.

@bazra19 6 ай бұрын

If your keys are lodged at the desk of the office or somewhere you can't get to them, it would be perfectly leagle for a drunk driver to sleep in thier car. Keys in your boot are easy to get to so yes, you could get charged. But not if you cant get to them.

@controversialrebel5639 2 ай бұрын

If you park in a time limited car park, set an alarm on your mobile phone. If you need more time to rest or sleep, check if any minimum return time restrictions apply. If not, drive out and drive back in again and remember to reset your phone alarm. Might be worth taking a video driving out so you have proof that you did leave the car park. I'm sure I'll be told if my thought process is flawed.

@VanlifewithAlan Жыл бұрын

Brilliant answer and I also should have been a lawyer because I don't give direct answers to questions. I now live in a motorhome full time so I get to sleep in that quite often and after 11 years on the road have not been moved on by the police yet. However, for many years I travelled extensively and slept in my car. The only time a policeman said anything to me about sleeping in the vehicle was in Germany where the police officer said to me that it was not safe to leave the window open as much as I did. (One needs to crack a window if not the whole inside gets very wet.) When I slept in the vehicle in winter I always was in my military sleeping bag and covered my head with something too so I was not visible

@fer-tc1ui Жыл бұрын

I always remember a story that I read a few years ago. A man had a few drinks. His car was parked in a car park. When he returned he entered his car boot to sleep. He was found some time later dead. He had probably lost sight of his keys and suffocated. There was damage to the inside of the boot where he had tried to smash his way out.

@sadtranz4451 Жыл бұрын

Yes poor sod so frightened of draconian laws cost him his life, some free country we live in

@truth.speaker Жыл бұрын

A driver could have been baked alive in the boot of his car in the heatwave as he slept off a hangover. His body was found in the trunk of a Ford Orion left in a pub car park for five days when temperatures soared into the 80s. The partly decomposed body of the man in his 30s was found by his father who used spare keys to open the boot. A post-mortem examination was inconclusive but police do not think the death was suspicious. One regular at the pub said: "He might have been drunk and wanted to sleep off a hangover but was afraid he could be arrested for being drunk in charge of a car. "A man came in saying he was looking for his son and showed a picture. He said his car was in the car park but no one knew the chap he was looking for. "He came back with spare keys and discovered his son's body." It is feared the dead man, who has not been named, was trapped when the lid fell shut at the Robin Hood pub, Stretford, Greater Manchester. Police are baffled as to why he was in the boot. Detective Constable Vanessa Firth said: "He did not appear to have any injuries and there was no sign of a struggle." Forensic scientists will examine the man's remains in a bid to find the cause of death. This happened in 1997

@derekheeps8012 Жыл бұрын

@@truth.speaker The boot of a Ford Orion would have been somewhat cramped for anyone but a midget .

@cyberwomble7524 Жыл бұрын

@sadtranz Or more sadly, his over ingestion of alcohol led to a different bad decision than driving drunk. Or was it his plan to sleep in the boot from when he was sober? It was his decision to drive to the pub after all. If I remember Manchester in 1997, there were still enough pubs around to make driving unnecessary wherever you lived. There were also minicab firms. There's also no evidence that he slept in the boot because because he was afraid of being "drunk in charge" other than the supposition of one pub regular. There is also no cause of death listed - it may be totally unrelated to alcohol or his position in the car.

@rogersmith8339 Жыл бұрын

@@sadtranz4451 And what planet are you from? I can almost guess the country of origin of your car and that you are often DUI.

@dg9015 5 ай бұрын

I will sleep in my car whenever I want I payed for it

@PeterJames-cr1ul 6 ай бұрын

At all motorway service stations you can pay a small fee to stay longer than two hours.

@janetharrod2750 Жыл бұрын

Keep window covers in the car and put them up to sleep, then you are in stealth mode and it's less likely that anyone knows you are in there, drunk or otherwise.

@bobbyrayofthefamilysmith24 Жыл бұрын

Transit van with a matters in he back. With no Windows and plumber or builder firm logos on the side or unmarked as long as it dosn't look like a camper van.

@subatomic2012 Жыл бұрын

@@bobbyrayofthefamilysmith24 then you will just be woken up at 3am by crims hoping to find some nice expensive tradesman's tools to steal from the back ;-)

@bobbyrayofthefamilysmith24 Жыл бұрын

@@subatomic2012 Except you have no tools left in van signs or the van can be plain. As long as it didn't look like a camper is the important bit.

@omina.fornoz Жыл бұрын

@@subatomic2012 And then he can put those tools to good use

@ginarae5739 Жыл бұрын

Great article as always BBB! Here's a thought, what if the driver was intoxicated but the only keys were secured in a container with a time-lock set for 10 hours? There would be little to 'no prospect' of Driver starting up the vehicle, surely there must exist proof that the means of starting the vehicle are present for a charge to be applied? *A simple drop-in container, that detects when a key is deposited, triggering a time lock... there's a business opportunity for someone..??

@ukbiker1631 Жыл бұрын

There are always "what ifs". You would have to convince the plod at the time and, failing that, a judge in court. If successful on either count, you get away with it.

@Volcano-Man 3 ай бұрын

Yes, even in a laybye. Ideally one separated from the carriageway by a verge etc.

@equalizingforce2581 3 ай бұрын

This is ridiculous. You can't sleep in your own car when in the back seat. Only if you are driving should it be an offence, they treat us like plebs, we are no longer free people.

@StarlasAiko Жыл бұрын

Some time ago, before the lockdowns, there was talk about making sleeping in a camper van in areas that are not specifically marked or licenced for for camping (parking lots, side of the road, etc...) illegal. This was for the (alleged) goal of cracking down on littering. I never heard what came of that plan.

@SuperDickydave Жыл бұрын

As long as it can create revenue they make it up as they go along. I totally ignored the lockdown as it was unlawful to do so. 1984 medical act states you can only isolate those ill, not the whole country or in point the whole world. I was never hassled by police staying in my camper

@mattkinsella9856 Жыл бұрын

A policeman once told me if you really must sleep in your car because you've had too much to drink and there really is no better or safer option, then the best thing to do is hide the keys outside the car. Under hedge or behind a bin, somewhere you'll remember but a decent distance away from the car. If the police do come knocking you tell them you don't have the keys, they are not on you or in the vehicle, don't mention anything else in relation to the location of the keys. If they can't find the keys there's no easy option for them to prove you were drunk and in charge of the vehicle.

@andypender Жыл бұрын

even in doing the right thing they will still find a way to do you for it, one begins to wonder if these laws are really in the interest of the people or a justifiable means to make money and stay relevant

@mattkinsella9856 Жыл бұрын

@@andypender Unfortunately it has got to the point it seems the police can do what they want and make anything up. Even if you can prove yourself innocent later in court, that doesn't take back the disturbance to your life, strip searches, a night or 2 in the cells and whatever other abuse the police decide to give you at the time. There are zero consequences for them and they know it too, so they just do what they want and what they want is often not good because they are not good people.

@JimboCruntz Жыл бұрын

@@andypender if you’re only just beginning to wondering that…you’ve got a huge rabbit hole to go down. 😂

@wattyler6075 2 ай бұрын

You can pay extra @ motorway service stations to sleep,usually around £12-£15. I got fined £120 for overstaying @ Fleet services on the M3.

@mrechelon7051 6 ай бұрын

I got stuck 50 miles from home a few years ago due to snow, no hotels, all full...gone midnight.... Wanted to get home, wasnt drunk at all, and snow stopped me getting back. Why would it be illegal to sleep in the car?

@williamgeorgefraser Жыл бұрын

I heard of a case where a guy drove to a pub. He had a few drinks and ordered a taxi to get home. He had left his jacket in the car and decided to put it on as it was cold. As soon as he put the key in the lock he was stopped by the police and charged with being in control of a vehicle while drunk. They'll do anything to mess up people's lives.

@dlevi67 Жыл бұрын

I very much doubt that it would stick. He had ordered a taxi, proving beyond reasonable doubt that he did not intend to drive the car.

@MatSmithLondon Жыл бұрын

I call bull** on this. Maybe it was true, and the bull** applies to the police officer or the fact your friend didn’t properly challenge it. Or maybe your friend gave you bull** and told you he had ordered a taxi, because he was ashamed by the truth that he was actually intending to drive home… either way if he HAD ordered a taxi this would be considered reasonable evidence which entirely proves he did not plan to drive. Although the letter of the law states you cannot be drunk in charge of a vehicle, the reason for this is, of course, is that it’s dangerous to drive when drunk, and if he could prove that he had consistently no intention to drive, then he’d not have been arrested.

@dalegribble9101 Жыл бұрын

@@MatSmithLondon Nah, they're all scum, I've seen them throw an old lady to the floor for not wearing a mask. If their boss told them to they would beat you to death.

@PhilGregoryFX 2 ай бұрын

This happened to a friend of mine who after a nights heavy drinking, could not get into the property he was meant to be staying in for the night. So being a cold night and needing somewhere to sleep he slept in his car. A passing policeman noticed the windows all misted up and worked out that someone was sleeping in it. So he knocked on the window, woke my friend and promptly arrested him for being drunk in charge of a motor vehicle. After being charged and processed at the police station he was put in the cells for the night to sleep it off. However, he later mentioned to the police that his uncle was a very senior police officer at that station who headed up one of their main departments. The police offers spoke with his uncle and shortly after all charges were dropped! This was at least 20 years ago and I am sure things have changed and he would not get off today, but I imagine having a high ranking police officer as a relative, can be quite beneficial in some circumstances.

@MrEdrftgyuji 2 ай бұрын

Nothing has changed. If anything, there is a lot more of this stuff happening today compared to the past.

@cromwellg60 5 ай бұрын

Just a heads up, usually motorway services have parking restrictions for over 3hrs but the petrol stations often do not. So instead of parking in the main car park, park in the few spaces for the petrol station and they can’t fine you for it. Also, the services will allow you to pay a fee to stay in the main car park for 24 hours. It’s generally about £30ish

@EdOeuna Жыл бұрын

I used to sleep in all sorts of places many years ago, including my car, my work place (sneaking in after hours) and also public toilets (disabled is biggest). I did this because I had no where else to sleep - my job was in city A and it was a 5 hour drive to where my boss told me I had to work from. I was low paid and renting a house in city A so couldn’t afford to rent a second house, hotel fees, etc.

@waynedl99 Жыл бұрын

I've done similar, I think my 'best' was on the phone book shelf of an old red phone box - yes, I was rather drunk that night..

@dougaldouglas8842 Жыл бұрын

Toilets not very good if tiled floor as they drain the heat from you, as one speaking from experience. Prefer hedges myself

@Talentedtadpole Жыл бұрын

Sleeping in disabled toilets is a scummy selfish thing To do.

@EdOeuna Жыл бұрын

@@Talentedtadpole - thanks for your valuable feedback. I just hope that you are never in the dire situation that requires such action.

@Talentedtadpole Жыл бұрын

@@EdOeuna have been. Sleep in the non disabled looks. Disabled people are treated like rubbish.