As well as…
Driving for 6.5 so he reckons.
reddit.com/r/LegalAdviceUK/ … &context=3
Wind up?
For a number of reasons I’d say that was a total wind up, or a nonsense Billy-big-■■■■■■■■ story, coupled with zero understanding of the law.
A lot of big sites have a policy/arrangement that offences on their site are same as offences on the public road - Wilton International near Redcar is an example local to me.
If it was a truly “private” road then why are the police driving down there?
That in itself suggests there would need to be one of these Wilton-style arrangements with the authorities, otherwise why would police be on a private commercial site unless there was a valid reason, like they’d been called to attend?
They only have legal entry into private premises if it’s the initial investigation of an incident, or where there’s been an accident, or other emergency. So they couldn’t just randomly breathalyse you on private premises without a valid reason that would stand up in court, any half-decent solicitor could deal with that in a minute.
There’s a solicitors website that gives you a “Drink Driving Ban Calculator” based on the sample you give, for this character allegedly blowing almost 150 (4.5 x limit = 148.5 mu g / ml) it gives this result:
Starting point - 12 weeks custody
Range - High level community order to 26 weeks custody
Disqualification - 29 - 36 months
majlaw.co.uk/tools/news/dri … olicitors/
To say nothing of the issues for an HGV driver: Massive problems getting your entitlement back even when you have your car licence back, and even bigger problems finding someone mug enough to pay the massive insurance premium in order to offer you a driving job in the first place.
Wouldn’t a better defence be that he started drinking after driving and had no intention of driving again? Bit like parking up overnight in a motorhome and getting bladdered.
Or have I misunderstood the scenario?
^^^Zac the comments to the post suggest Tilbury has its own police force.
stu675:
Wouldn’t a better defence be that he started drinking after driving and had no intention of driving again? Bit like parking up, overnight in a motorhome and getting bladdered.
You could/would still get done for being drunk in charge of a vehicle, [RTA 1988, Section 5, 1(b). ] The only potential get out clause would be if you’d removed the keys and hidden them somewhere outside the vehicle so that it was harder (not impossible though) to claim you were “in charge” of the vehicle.
stu675:
^^^Zac the comments to the post suggest Tilbury has its own police force.
Yes, you’re right: I’ve just been looking up my local port (Teesport) on the back of this story. It is a relevant matter to a recent client question, so was for me a handy excuse to read up on it today, hence the excessive detail for a TN post.
The Teesport Harbour Police, a non-Home Office force has all the powers and privileges, of a constable when within the harbour, and in any place within two miles of the limits of the Harbour. [ ] …also works collaboratively with other local law enforcement agencies, such as Cleveland Police
(Cleveland Police 
Anyone got change for a nine-bob note? 
)
Apparently Port of Tilbury Police are pretty much the same: A non-Home Office ports police force responsible for the Port of Tilbury, and Tilbury 2 owned by the Port of Tilbury London Ltd [ ] A port constable has all the powers and privileges of his office within the “port police area” (which is land that is owned by the port company and used for the port) and anywhere within one mile of that land. In addition, if a port constable pursues a suspect from the port police area, he has the same powers of arrest as he would in the port police area.
(I would expect them to “work collaboratively” with the southern equivalent corruption
force, the Met Police )
Both forces are of a similar size: 1x Chief of Police, 1x Inspector, Sergeants x3 for Tees, x2 for Tilbury, and Constables x11 for Tees and x10 for Tilbury.
Legal disclaimer: all allegations of corruption in both police forces are documented in the public domain and my views are no different to the views of more well-known and more influential characters than me - so “Up yours, coppers!” 
gazettelive.co.uk/news/tees … n-23985979
and…
theguardian.com/uk-news/202 … an-inquiry
Zac_A:
stu675:
Wouldn’t a better defence be that he started drinking after driving and had no intention of driving again? Bit like parking up, overnight in a motorhome and getting bladdered.You could/would still get done for being drunk in charge of a vehicle, [RTA 1988, Section 5, 1(b). ] The only potential get out clause would be if you’d removed the keys and hidden them somewhere outside the vehicle so that it was harder (not impossible though) to claim you were “in charge” of the vehicle.
stu675:
^^^Zac the comments to the post suggest Tilbury has its own police force.Yes, you’re right: I’ve just been looking up my local port (Teesport) on the back of this story. It is a relevant matter to a recent client question, so was for me a handy excuse to read up on it today, hence the excessive detail for a TN post.
The Teesport Harbour Police, a non-Home Office force has all the powers and privileges, of a constable when within the harbour, and in any place within two miles of the limits of the Harbour. [ ] …also works collaboratively with other local law enforcement agencies, such as Cleveland Police
(Cleveland Police
Apparently Port of Tilbury Police are pretty much the same: A non-Home Office ports police force responsible for the Port of Tilbury, and Tilbury 2 owned by the Port of Tilbury London Ltd [ ] A port constable has all the powers and privileges of his office within the “port police area” (which is land that is owned by the port company and used for the port) and anywhere within one mile of that land. In addition, if a port constable pursues a suspect from the port police area, he has the same powers of arrest as he would in the port police area.
(I would expect them to “work collaboratively” with the southern equivalent corruption
force, the Met PoliceBoth forces are of a similar size: 1x Chief of Police, 1x Inspector, Sergeants x3 for Tees, x2 for Tilbury, and Constables x11 for Tees and x10 for Tilbury.
Legal disclaimer: all allegations of corruption in both police forces are documented in the public domain and my views are no different to the views of more well-known and more influential characters than me - so “Up yours, coppers!” [emoji38]
gazettelive.co.uk/news/tees … n-23985979
and…
theguardian.com/uk-news/202 … an-inquiry
- Yes I know, the comparison was along the lines of its illegal, but it reasonably happens, so it must? be able to get away with it.
- Did you get anywhere with the RTA applying on private property or wtf rules these private? Police forces operate to? [emoji23]
stu675:
Zac_A:
stu675:
Wouldn’t a better defence be that he started drinking after driving and had no intention of driving again? Bit like parking up, overnight in a motorhome and getting bladdered.You could/would still get done for being drunk in charge of a vehicle, [RTA 1988, Section 5, 1(b). ] The only potential get out clause would be if you’d removed the keys and hidden them somewhere outside the vehicle so that it was harder (not impossible though) to claim you were “in charge” of the vehicle.
stu675:
^^^Zac the comments to the post suggest Tilbury has its own police force.Yes, you’re right: I’ve just been looking up my local port (Teesport) on the back of this story. It is a relevant matter to a recent client question, so was for me a handy excuse to read up on it today, hence the excessive detail for a TN post.
The Teesport Harbour Police, a non-Home Office force has all the powers and privileges, of a constable when within the harbour, and in any place within two miles of the limits of the Harbour. [ ] …also works collaboratively with other local law enforcement agencies, such as Cleveland Police
(Cleveland Police
Apparently Port of Tilbury Police are pretty much the same: A non-Home Office ports police force responsible for the Port of Tilbury, and Tilbury 2 owned by the Port of Tilbury London Ltd [ ] A port constable has all the powers and privileges of his office within the “port police area” (which is land that is owned by the port company and used for the port) and anywhere within one mile of that land. In addition, if a port constable pursues a suspect from the port police area, he has the same powers of arrest as he would in the port police area.
(I would expect them to “work collaboratively” with the southern equivalent corruption
force, the Met PoliceBoth forces are of a similar size: 1x Chief of Police, 1x Inspector, Sergeants x3 for Tees, x2 for Tilbury, and Constables x11 for Tees and x10 for Tilbury.
Legal disclaimer: all allegations of corruption in both police forces are documented in the public domain and my views are no different to the views of more well-known and more influential characters than me - so “Up yours, coppers!” [emoji38]
gazettelive.co.uk/news/tees … n-23985979
and…
theguardian.com/uk-news/202 … an-inquiry
- Yes I know, the comparison was along the lines of its illegal, but it reasonably happens, so it must? be able to get away with it.
- Did you get anywhere with the RTA applying on private property or wtf rules these private? Police forces operate to? [emoji23]
Your geographical knowledge is poor as Tilbury falls squarely in Essex police territory not the MET
From wiki
Serious or major incidents or crimes become the responsibility of the local territorial police force police force, Essex Police.
stu675:
[1. Yes I know, the comparison was along the lines of its illegal, but it reasonably happens, so it must? be able to get away with it.
Reasonably happens? Like stealing a loaf of bread because you’re hungry being reasonable? Wait! I’m having an idea for a book… And a song! Goddammit, this could be huge!!
“Reasonable” didn’t work out for Jean Valjean, it isn’t going to work out for Mr Tilbury Dough-boy HGV driver. You seem to have a lot more faith than I do that police have any sense of proportionate action; I have no faith in that at all, but I will refrain from revealing the extent of, and reasons for, my cynical (realistic?) views.
- Did you get anywhere with the RTA applying on private property or wtf rules these private? Police forces operate to? [emoji23]
No need to, because as you correctly concluded the port does have a legitimate police force, so Reddit’s anonymous Billy-big-balls-HGV-driver is well and truly fornicated, most likely facing a big bowl of porridge
itv.com/news/westcountry/20 … imit-on-m4
blue estate:
Your geographical knowledge is poor as Tilbury falls squarely in Essex police territory not the MET
From wiki
Serious or major incidents or crimes become the responsibility of the local territorial police force police force, Essex Police.
EDIT: Note I did not say Tilbury was IN London, just that the Met are corrupt and POT Police might “work collaboratively” with them
Meh! I have (thankfully) spent very little time darn sarf. Just as the average southerner labels anything past Watford as “The North”, most northerners consider most of the south east to be “London”; an Essex person on Tyneside or Teesside is “a cockney” to us, just as a Smoggie or a Maccum is “a Geordie” to southerners.
Robroy - as a TN stalwart, is that right or wrong?
But also, there is info on websites suggesting an inherent link
The Port of Tilbury Police is a non-Home Office ports police force responsible for the Port of Tilbury, and Tilbury 2 owned by the Port of Tilbury London Ltd, a subsidiary of Forth Ports plc.
en.wikipedia.org/wiki/Port_of_Tilbury_Police
Independently of Wikipedia
whatdotheyknow.com/body/por … don_police
In Pompey Ferry Port (gates, guards, and off the public highway as you wont be done for overweight so long as you dont leave the port) the Security thought that a driver waiting to board, was over drink limit. They called Hants Police, who entered the port and breath tested him. He was under the limit, so it never went to court, but they were adamant they had the right to test him.
Franglais:
In Pompey Ferry Port
Pompey? That’s also darn sarf innit? So that must be Plymouth?
Just kidding, I know it’s Sarf’ampton
No seriously… just taking the mick guys, even some of us thick Geordies have been to Portsmouth (just the once though).
Franglais:
Security thought that a driver waiting to board, was over drink limit. They called Hants Police, who entered the port and breath tested him. He was under the limit, so it never went to court, but they were adamant they had the right to test him.
I can see why they’d think that, probably falls under “initial stages of an investigation” as he’d clearly been on the road earlier if he was waiting to board.
Zac_A:
Franglais:
In Pompey Ferry PortPompey? That’s also darn sarf innit? So that must be Plymouth?
Just kidding, I know it’s Sarf’ampton
No seriously… just taking the mick guys, even some of us thick Geordies have been to Portsmouth (just the once though).Franglais:
Security thought that a driver waiting to board, was over drink limit. They called Hants Police, who entered the port and breath tested him. He was under the limit, so it never went to court, but they were adamant they had the right to test him.I can see why they’d think that, probably falls under “initial stages of an investigation” as he’d clearly been on the road earlier if he was waiting to board.
I wasn`t too clear.
In my best “Jethro” voice (us suvvverners all sound the same) "What appened waz".... It was while waiting for the night boat, by the time it sailed it was too late to eat comfortably, so we habitually booked in, walked out through security to get a meal and a pint in the "Ship and Castle". Walk back through security, showing passport and ticket to re-enter. It was at this point that the security thought he was over, and contacted the Police. As I say he wasnt over, but it was an eye opener.
Again , it never went to court, but the threat was enough to decrease the Pub`s takings.
He was intending driving, but not a public road. He had a ticket to ship over.
There are signs stating “Private Land” etc, and as I say you wont be done for weight if shipped in, and offload before going on the road outside the port. The DVSA get in there too, but I dont how that goes? Whether prosecutions are made, or any dodgy vehicles made to make repairs before moving onto the road.
Hours laws though get no exemptions I know of.
Franglais:
In my best “Jethro” voice (us suvvverners all sound the same) “What `appened waz”…
Ah… you will forever now be TNs answer to Bill Bailey, and I shall not read your posts hearing a Danny Dyer voice in my head. Not that I did anyway.
Do they now let you park overnight in Tilbury?
I’ve onlyovernightedonce, and had to get permission and let security know, after loading a load of ply took over 7 hours, and I ran out of hours.
(The village of Tilbury, that I walked into, in search of some food and maybe a beer, was one of the most unpleasant and unwelcoming I have come across in 30 years across the UK. And I have overnighted in Mountain Ash…)
His breath sample was 4.5 times over the speed limit. That’s a new level of drinking if it can break speed limits 