In Car Camping Bed - Legalities If Drunk

[KungFuPanda]

Just seen an ad pop up on my Facebook page for an inflatable camping bed that's designed to fit on your back seats. Here's a link http://www.tmart.com/Self-drive-Inflatable-Car-Bed...


I've head in the past that if you're over the limit and get into the car without even starting the engine, you can still be prosecuted for being in control of a car whilst under the influence or something similar anyway.

So, if you've had a drink and climb into the back to have kip on one of these beds, are you still committing an offence?

[cptsideways]

If the keys are in the car or on you then yes its an offence.

This would only be applicable to dwarfs in this case

[techguyone]

People have been done before as you're classed as 'being in charge' of the vehicle - one solution would be to have one of those magnetic box things, put the keys in that, and attach it under the car, then if plod pull you, you can demonstrably prove there's no way you can get the keys and drive it.

[kowalski655]

What about cars that have keyless ignition,and the keys just need to be nearby? Even in a box I guess the car will recognise them,and leaving them in a nearby bush probably isnt an option

[CAPP0]

techguyone said:

People have been done before as you're classed as 'being in charge' of the vehicle - one solution would be to have one of those magnetic box things, put the keys in that, and attach it under the car, then if plod pull you, you can demonstrably prove there's no way you can get the keys and drive it.

I knew someone this happened to.

Leads to an interesting thought - how does this work with a motorhome, if you're on holiday, spark up the BBQ, drain a load of tins and a bottle of wine then clamber into bed?

[battered]

People get away with it in motorhomes because they are on private land. Do it in a layby at your own risk.

In my youth the local tramp was looking for a bed, he went down a street trying car doors until he found one, by chance a Morris Minor, that was unlocked. In rural Lincolnshire both unlocked cars an Moggy Minors were fairly common in the 1980s. A copper found him and nicked him, he was charged with being drunk in charge. It wasn't his car, he had no keys, he had no licence and no intent to own a car. They still did him. So if you bed down in your car on the highway, regardless of how, you'd better not be drunk.

[covboy]

battered said:

People get away with it in motorhomes because they are on private land.

Not sure that's right

[Red 4]

KungFuPanda said:

I've head in the past that if you're over the limit and get into the car without even starting the engine, you can still be prosecuted for being in control of a car whilst under the influence or something similar anyway.

So, if you've had a drink and climb into the back to have kip on one of these beds, are you still committing an offence?

The offence is being drunk in charge

Both Section 4 (Driving or being in charge of a mechanically propelled vehicle when under the influence of drink/ drugs) and Section 5 (Driving or being in charge of a motor vehicle with alcohol level above prescribed limit) cover "in charge".

There's no legal definition of what being "in charge" actually means but there are plenty of stated cases where convictions have followed in circumstances such as you describe.

In the case of Section 4 above, the onus would be on you to prove that there was no likelihood of you driving whilst impaired. The police do not have to prove that it was likely that you would drive, simply that you were "in charge".

Let's say you have a skin full, get your head down in the car, wake in the morning and feel ok to drive ..... who's to say you are not still impaired ? Easy conviction - it can be quite difficult to prove there was no likelihood of you driving whilst still under the influence, if you see what I mean.

[battered]

covboy said:

battered said:

People get away with it in motorhomes because they are on private land.

Not sure that's right

Read it again. I said "get away with", not "it's legal". The Police *could* come calling on campsites if they were so minded, but they don't. In any case they are only at liberty to enter private propoety without a warrant or permission if they have reason to suspect that a crime is in progress at the time. OTOH they are more likely to come calling if you are parked in a layby on the public road, and they need no invitation or warrant.

[Red 4]

battered said:

In any case they are only at liberty to enter private propoety without a warrant or permission if they have reason to suspect that a crime is in progress at the time.

Nope.

Powers of entry are a little more wide ranging than that.

[battered]

Red 4 said:

Nope.

Powers of entry are a little more wide ranging than that.

Go on then.

[Red 4]

battered said:

Go on then.

You could read Sections 17 and 18 of PACE (for starters).

It's riveting.

[Fort Jefferson]

Right now I'm drunk, I'm sitting in my study with the keys to two cars and a motorcycle in a draw next to me. If I pick up the keys and start walking out side, at what point do I break the law?

[anonymous-user]

I've been sat in the car going along a couple/few times with the keys in my pocket after a few. Will I still get banned ?

[Red 4]

Fort Jefferson said:

Right now I'm drunk, I'm sitting in my study with the keys to two cars and a motorcycle in a draw next to me. If I pick up the keys and start walking out side, at what point do I break the law?

"In charge" isn't defined in law.

A common sense approach is usually adopted - as I said earlier though, in the case of Sec 4 RTA the onus is on you to prove that there is no likelihood of you driving whilst unfit.

Nice bike btw.

[Nigel Worc's]

I have a motorhome (albeit an old one), I mix with lots of other people with motorhomes.

I have never heard of anyone having an issue if they've decided to have a glass or two of wine with dinner, and then sleep in their motorhome, either on public or private land.

I am sure if a copper wanted to be a tit he could try and make an issue out of it, I am just as sure that authority would see he was being a tit.

Matresses in cars may be a bit trickier however.

[battered]

Red 4 said:

You could read Sections 17 and 18 of PACE (for starters).

It's riveting.

I'm sure that it is. Is there a bit of it that allows you to wander into a private campsite at 2 in the morning, apropos of nothing, just on the offchance that there's someone in there who's had a couple of sherbets?

[Nigel Worc's]

battered said:

Red 4 said:

You could read Sections 17 and 18 of PACE (for starters).

It's riveting.

I'm sure that it is. Is there a bit of it that allows you to wander into a private campsite at 2 in the morning, apropos of nothing, just on the offchance that there's someone in there who's had a couple of sherbets?

Probably, the private campsite has public access.

They don't though ...... honest.

[phil y]

KungFuPanda said:

Just seen an ad pop up on my Facebook page for an inflatable camping bed that's designed to fit on your back seats. Here's a link http://www.tmart.com/Self-drive-Inflatable-Car-Bed...

Pretty sure you'd have to be drunk to contemplate that, if you're over 4ft 6in tall. Unless you have detachable legs

[Red 4]

battered said:

Red 4 said:

You could read Sections 17 and 18 of PACE (for starters).

It's riveting.

I'm sure that it is. Is there a bit of it that allows you to wander into a private campsite at 2 in the morning, apropos of nothing, just on the offchance that there's someone in there who's had a couple of sherbets?

You're assuming a campsite is a private place.

Most will be regarded as public places (any place to which the public have access whether by means of payment or otherwise).

Edited by Red 4 on Saturday 17th December 23:57