It suddenly dawned on me last night after watching Traffic cops…
I know it’s illegal to be in your car, with the keys, whilst drunk… even it you’re spark out on the passenger seat… Fair point…
So how do you stand when the ‘car’ is your cab, and it IS your designated bed for the night… ■■?
I appreciate you could use your tacho as some defense, to prove you aren’t going to drive for X hrs, but you are still breaking the law by being ‘in charge’ of the vehicle… aren’t you… ■■?
Does it make a difference if you’re ‘off road’ or in a layby (queens highway)… ■■
As I don’t drink, it doesn’t bother me, but it seem’s like quite a predicament if you’re living in your truck…
I don’t know to be honest but the cops would make a killing at Calais Beach or any other truckstop, come to think about it. I have been weekended more than once armed with my duty free.
If you have the keys in your hand, even 100 yards from the vehicle you’re drunk in charge. If you have a drink, ensure the keys are nowhere near the ignition, it’s all you can do.
It was a laugh but I think the cops were a bit hard on the man, I mean they didn’t have to make such an issue of him putting his trousers on. But that said, if you’re the driver and you’re drunk, have the keys for the vehicle and you are inside the vehicle then you’ve got a problem, the fact the cab is your bed for the night is irrelevant.
The issue of being off-road is an interesting one and to be honest I don’t know the answer.
The program couldn’t have come at a worse time though, I’ve been trying to convince the wife that my being a trucker would be a good career change. She wasn’t convinced before, she’s even less convinced now.
I mean they didn’t have to make such an issue of him putting his trousers on.
They need to see what he is doing the whole time - he could grab a knife or other weapon etc. They did keep telling him to grab his trews and get out. I 'spose they should have said put them on out here.
I expect that the only thing on his mind was not letting anyone seeing him in his tights, thong and high heels (did he have a ladder in them?? )
Surely you cant be in carge of the vehicle whilst sleeping or having a rest. If you were in charge of the vehicle then your tacho would have to show “Other Work”, therefore anyone who spends their 9 or 12 hour daily rest in the cab would be breaking the law.
This is a very, very old chestnut, and has been debated endlessly for as long as I can remember. I have never found the definitive answer but it seems to be an issue of ignition keys and possession. The only way to ensure being in the clear would be to leave them elsewhere than in the cab - but where? and how practical is that?
I didn’t see the programme in question because I gave up watching these self righteous cowboys long ago. I think the thing that tipped it for me was when the (lone) driver of a high powered Volvo pursuit car was chasing a couple of joyriders at speeds in excess of 90 in a housing estate and giving a running commentary on his phone - not even hands free - spinning the wheel from side to side with the heal of his only free hand! The next incident was of another copper booking a bloke for holding a mobile to his ear in relatively safe circumstances. And this was under the old ‘not in full control’ law before the current specific regs came into force.
i dont agree with drink driving convoy. they get what they deserve. i always allow 30 hours between a drink and getting behind the wheel. even if its only a couple of beers. although i did laugh at that trucker last night, in principal, i was disgusted at him. we are professionals and should behave accordingly
i was told by a traffic plod that as long as the keys are not in the ignition and it doesnt appear to the plod that you intend to drive ,you wont get done
This was being debated 15 years ago!!
As a driver though, surely you should not be drinking if you are driving the next morning??
I am not being self righteous about this but I value my licences… I hold 5 … and if I lost one, I would lose the lot plus my livliehood. I have been in diesel since 1980 and know nothing else. Therefore, if I am behind the wheel next morning or even lunchtime, I will NOT drink the night before. That applies to trucks, cars, whatever.
After last nights programme, I collared a motorway plod today (makes a change from them collaring me), his definition was as follows -
If you are drunk and in possession of the keys to a motor vehicle, then you can be prosecuted for drunk-in-charge
I pointed out the fact, that we rest overnight in our cabs and asked, where do we stand?
If the keys are in the ignition, I would still charge you was the reply.
I asked what would happen if keys were not in ignition?
If you used the right attitude and no other offences were comitted, there is a sure chance of no further action.
So, even the Police cannot give a definate answer, my view? Leave the booze to your rest days.
On a lighter note and with one of our sponsors being T&D, can you imagine the scene-
Well Boss… the fan belts broke and I couldn’t think of a another way to stretch the tights. Well Boss… they may be high heels, but they were steel toe-capped. Well Boss… the night heaters broke and you said, use anyway to keep yourself warm! (No wise crack comments Ladytrucker) John
a. It’s not worth risking your livelihood for the sake of a beer or 3.
b. If someone is that drunk that he is staggering around and exposing himself to women how could anyone be convinced that he couldn’t take it into his head to just drive off if only to the pub.
I must say the Policeman stopping drivers over the Cat and Fiddle must come from a different planet, those young lads he was stopping and educating will have had the pedal to the metal as soon as he was out of sight. AND over the last few months I had been popping over the Cat and Fiddle once a week and I never saw a copper once.
Drunk in charge of a vehicle is an absolute offence… e.g. NO EXCUSES are allowed by a magistrate, if you are in a vehicle , over the limit and with the keys in your possesion the technically you ARE guilty of being drunk in charge…
However the police do have discretion, and the vast majority will not charge you with the offence if you can reasonably show you have no intention of driving whilst under the influence…
When I was doing abnormal loads the last police ■■■■■■ of the day would often give us a lift to the nearest pub, and one very nice officer in North Yorkshire would often come back around closing time ,if he wasnt busy, and give us a lift back
If you have a drink, ensure the keys are nowhere near the ignition, it’s all you can do.
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