One for the BiB
Discussion
Like anything else connected with law ('cept speeding of course) it depends.
Layby is a "road" and obstruction could come into play as could dangerous position, lighting offences etc.
As far as obstruction is concerned and Lord Parket LCJ stated and other High Court cases held similar views:
"While there must be proof of unreasonable use, whether or not user amounting to an obstruction was or was not unreasonable use was a question of fact, depending on all the circumstances, including thelength of time the obstruction continued, the place where it occurred, the purpose for which it was done and whether it caused an actual as opposed to a potential obstruction."
The question of fact is what the Magistrates decide having heard the evidence.
DVD
Layby is a "road" and obstruction could come into play as could dangerous position, lighting offences etc.
As far as obstruction is concerned and Lord Parket LCJ stated and other High Court cases held similar views:
"While there must be proof of unreasonable use, whether or not user amounting to an obstruction was or was not unreasonable use was a question of fact, depending on all the circumstances, including thelength of time the obstruction continued, the place where it occurred, the purpose for which it was done and whether it caused an actual as opposed to a potential obstruction."
The question of fact is what the Magistrates decide having heard the evidence.
DVD
You cannot park it in a layby overnight if it is over 7500kg GVW and in a 30mph limit.
You cannot park it in a layby in any other limit unless it is lit (many do but you could fall foul of the regulations).
You may be restricted by local bylaws so you will have to find out about them.
If you do park in a layby overnight, restrict your beverages to the minimum if they happen to be connected with alcohol as you will be in charge of the vehicle and could be subject to arrest for that offence.
You would be best trying to find an industrial are/unit somewhere and ask one of the comapanies if you could use their car parks!
You could also be breaking Operators licensing requirements!
>> Edited by gone on Thursday 17th February 15:39
You cannot park it in a layby in any other limit unless it is lit (many do but you could fall foul of the regulations).
You may be restricted by local bylaws so you will have to find out about them.
If you do park in a layby overnight, restrict your beverages to the minimum if they happen to be connected with alcohol as you will be in charge of the vehicle and could be subject to arrest for that offence.
You would be best trying to find an industrial are/unit somewhere and ask one of the comapanies if you could use their car parks!
You could also be breaking Operators licensing requirements!
>> Edited by gone on Thursday 17th February 15:39
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