toby1234abc:
The tacho rules say a rest is where a driver is free from work and can dispose of his time in what he wants, he was at rest, and can do what he wants, he was not driving at the time.
Were you also there with Harry?
Was the drivers tacho set to rest? Was the driver on a break/rest?
kr79:
How far do the police take it if you get drunk at home and have your car keys in the house does that mean you can be done as you could use the car.
The offence is “drunk in charge of a motor vehicle”. I think the clues in the charge, don’t you think?
kr79:
I leave the keys in the ignition as I know if I put them somewhere safe I’d spend two hours every morning looking for them.
I wish I could be as perfect as some of the people on here.
Are you twice the drink drive limit though?
Harry Monk:
It’s particularly worrying that a police officer doesn’t understand the law here. I posted the relevant section of the Road Traffic Act and now he has disappeared.I could be parked on the road outside Acme Plastics on a Friday evening and I could be six times over the drink-drive limit, if I had delivery notes showing that I was booked in at 0800 on Monday morning then there’s no offence being committed, even if I had the keys in the ignition, even if I had the engine running to re-charge the batteries, the definition of “drive” is “to operate and control the direction and speed of a motor vehicle”.
Perhaps there should be some type of intelligence test for candidates wishing to become police officers based on English comprehension?
You have nothing to worry about. I fully understand the laws thank you.
I must apologise for disappearing - my life doesn’t revolve around Internet forums. I do have a life.
Give me a shout when you’re next outside Acme Plastics and six times over, with the keys in the ignition and the engine running. You can have your day in court and prove everyone wrong? Deal?
You’re lecturing me on S5, yet you clearly don’t understand it! 
Remember what you posted:
(a)drives or attempts to drive a motor vehicle on a road or other public place, or .
(b)is in charge of a motor vehicle on a road or other public place, .
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
So, you don’t have to be driving it. Just being drunk in charge (keys in ignition and engine running) will suffice.
You had the cheek to tell me about an intelligence test on English comprehension! I think it’s you that’s need one, although intelligence and truck driver don’t really go together. 
The legislation is very clear and simple.
If you want a couple of jars while in your cab without falling foul of the law, simply remove keys from ignition, be on an adequate rest period, set your tacho accordingly and close your curtains. It’s not difficult.
Officer, can I see some identification please? I have some concerns about your authenticity. 
RoadsRat:
The legislation is very clear and simple.If you want a couple of jars while in your cab without falling foul of the law, simply remove keys from ignition, be on an adequate rest period, set your tacho accordingly and close your curtains. It’s not difficult.
What legislation? If there is legislation explaining the above, Then a whole load of drunk in charge cases wouldn’t make it to court, The CPS would simply say “No further action”.
Can you post a link?
kr79:
How far do the police take it if you get drunk at home and have your car keys in the house does that mean you can be done as you could use the car.
The way the charge is worded ie “in charge of a vihicle” is a grey area of law both in English and Scottish law ,this “grey area” gives Police / Prosecutor “poetic licence” for different circumstances.
Here is a link it will explain better than i can. drinkdrivinglaw.co.uk/offenc … lcohol.htm
RoadsRat:
intelligence and truck driver don’t really go together.
Here we’ve cut to the chase, a bent copper using his authority to play out his own personal prejudices.
While I appreciate that the average police officer has about as much intelligence as a farmyard animal, I will just post the relevant section again.
(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit. .
Doesn’t seem very difficult to understand to me?
RoadsRat:
You have nothing to worry about. I fully understand the laws thank you.I must apologise for disappearing - my life doesn’t revolve around Internet forums. I do have a life.
Give me a shout when you’re next outside Acme Plastics and six times over, with the keys in the ignition and the engine running. You can have your day in court and prove everyone wrong? Deal?
You’re lecturing me on S5, yet you clearly don’t understand it!
Remember what you posted:
(a)drives or attempts to drive a motor vehicle on a road or other public place, or .
(b)is in charge of a motor vehicle on a road or other public place, .
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.So, you don’t have to be driving it. Just being drunk in charge (keys in ignition and engine running) will suffice.You had the cheek to tell me about an intelligence test on English comprehension! I think it’s you that’s need one, although intelligence and truck driver don’t really go together.
so how do you explain,how i was caught in my van,asleep in the drivers seat,with the engine running…
the copper had to actually break the window to wake me up.
i had been drinking in an unfamiliar town with a work mate,and the plan was to kip at his house.during the night we got seperated,and when i returned to his house i could`nt wake him.
plan b…kip in the van,which was parked outside.
during the night it got cold,so i jumped in the front,started the engine and promptly fell asleep again…next thing i knew i was covered in glass,with a copper shaking me.
locked me up,and next morning,the wpc who interviewed me,told me to get a solicitor…because in her view i had no intention on driving,mainly due to the fact i was fast asleep with a coat wrapped around me.(she had recorded this in her notebook,on the night).
end result…never even showed in court…cps would`nt touch it.
RoadsRat:
kr79:
I leave the keys in the ignition as I know if I put them somewhere safe I’d spend two hours every morning looking for them.
I wish I could be as perfect as some of the people on here.Are you twice the drink drive limit though?
Not as a rule I sometimes have a couple of beers if I stop for dinner somewhere that sells beers but leave it at that.
The other week I was parked up Saturday night and wasn’t moving again until Monday morning parked in a truckstop and I went out and had a fair old drink and left the keys in the ignition.
No doubt someone on here will report me to the police and show them a copy of this. Like the one who called the police as he saw someone put 4 empty beer cans in a bin even though he had no idea if he had drunk them then or earlier.
RoadsRat:
kr79:
How far do the police take it if you get drunk at home and have your car keys in the house does that mean you can be done as you could use the car.The offence is “drunk in charge of a motor vehicle”. I think the clues in the charge, don’t you think?
I’m sitting in doors now but there’s nothing to stop me driving my car if I choose too. I know its far fetched but the details in this case seem hazy was he stopped on the hard shoulder or in a lay by or what.
I’m not condoning getting hammered at night if you have an early day the next day but can’t see the problem having a couple of beers after work or even a few more if you are not starting for say 24 hours. I basically live in the truck full time so try to get out and about when I’m n a break not specifically to the pub I do all sorts but sometimes have a few beers in the process.
It would be unfair I suppose to suggest that all police officers are as dim-witted as Roadsrat, the two police officers in this exchange, concerning motorhomes do seem to have a reasonable amount of intelligence.
brand b, on May 11 2009, 4:20 PM, said:
If they are in the motorhome and even in the driver’s seat, in a layby but happening to be watching the telly etc, you apply that magical skill of discretion. There is no firm line between being in charge or not. Its a balance of the circs as you see them - as you haven’t interviewed the ‘driver’ so can’t fully know what their intentions are - versus - and the likelihood of the vehicle being driven by that person. gets sticky if the keys are in the ignition (to charge the water heater), and thsi where some would be reaching for the breath test device, but then Mr Sproggs answers the door wrapped in a towel … you then have a good idea that he is unlikely to drive or at least not until he has applied a little talcum powder in the right places.
adslegend, on May 11 2009, 4:24 PM, said:
Sensible answer.
I don’t know what it is about drink drivers that makes a lot of officers lose their logical thought processes.
Contraflow:
Officer, can I see some identification please? I have some concerns about your authenticity.
No need to worry about my authenticity. There’s a longstanding member here who can confirm everything. 
limeyphil:
RoadsRat:
The legislation is very clear and simple.If you want a couple of jars while in your cab without falling foul of the law, simply remove keys from ignition, be on an adequate rest period, set your tacho accordingly and close your curtains. It’s not difficult.
What legislation? If there is legislation explaining the above, Then a whole load of drunk in charge cases wouldn’t make it to court, The CPS would simply say “No further action”.
Can you post a link?
The legalisation on being “drunk in charge” is clear. It’s not rocket science, even for you lot!
If you follow what I posted above, I see no reason why you could be charged with “drunk in charge”.
commonrail:
RoadsRat:
You have nothing to worry about. I fully understand the laws thank you.I must apologise for disappearing - my life doesn’t revolve around Internet forums. I do have a life.
Give me a shout when you’re next outside Acme Plastics and six times over, with the keys in the ignition and the engine running. You can have your day in court and prove everyone wrong? Deal?
You’re lecturing me on S5, yet you clearly don’t understand it!
Remember what you posted:
(a)drives or attempts to drive a motor vehicle on a road or other public place, or .
(b)is in charge of a motor vehicle on a road or other public place, .
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.So, you don’t have to be driving it. Just being drunk in charge (keys in ignition and engine running) will suffice.You had the cheek to tell me about an intelligence test on English comprehension! I think it’s you that’s need one, although intelligence and truck driver don’t really go together.
so how do you explain,how i was caught in my van,asleep in the drivers seat,with the engine running…
the copper had to actually break the window to wake me up.i had been drinking in an unfamiliar town with a work mate,and the plan was to kip at his house.during the night we got seperated,and when i returned to his house i could`nt wake him.
plan b…kip in the van,which was parked outside.
during the night it got cold,so i jumped in the front,started the engine and promptly fell asleep again…next thing i knew i was covered in glass,with a copper shaking me.
locked me up,and next morning,the wpc who interviewed me,told me to get a solicitor…because in her view i had no intention on driving,mainly due to the fact i was fast asleep with a coat wrapped around me.(she had recorded this in her notebook,on the night).end result…never even showed in court…cps would`nt touch it.
Were you breathalyised? If so, what was the reading?
kr79:
RoadsRat:
kr79:
I leave the keys in the ignition as I know if I put them somewhere safe I’d spend two hours every morning looking for them.
I wish I could be as perfect as some of the people on here.Are you twice the drink drive limit though?
Not as a rule I sometimes have a couple of beers if I stop for dinner somewhere that sells beers but leave it at that.
The other week I was parked up Saturday night and wasn’t moving again until Monday morning parked in a truckstop and I went out and had a fair old drink and left the keys in the ignition.
No doubt someone on here will report me to the police and show them a copy of this. Like the one who called the police as he saw someone put 4 empty beer cans in a bin even though he had no idea if he had drunk them then or earlier.
As I thought, you were clearly on a break/rest period.
Clearly the exact opposite to the court case.
kr79:
RoadsRat:
kr79:
How far do the police take it if you get drunk at home and have your car keys in the house does that mean you can be done as you could use the car.The offence is “drunk in charge of a motor vehicle”. I think the clues in the charge, don’t you think?
I’m sitting in doors now but there’s nothing to stop me driving my car if I choose too. I know its far fetched but the details in this case seem hazy was he stopped on the hard shoulder or in a lay by or what.
I’m not condoning getting hammered at night if you have an early day the next day but can’t see the problem having a couple of beers after work or even a few more if you are not starting for say 24 hours. I basically live in the truck full time so try to get out and about when I’m n a break not specifically to the pub I do all sorts but sometimes have a few beers in the process.
Some common sense at last!
What you describe clearly was not the case with the story we’re discussing.
If it was as black and white as people are suggesting, he would have plead guilty, the case wouldn’t have reached court or his solicitor would have done his job. None of this happened so clearly there’s much more to this case.
Harry Monk:
It would be unfair I suppose to suggest that all police officers are as dim-witted as Roadsrat, the two police officers in this exchange, concerning motorhomes do seem to have a reasonable amount of intelligence.brand b, on May 11 2009, 4:20 PM, said:
If they are in the motorhome and even in the driver’s seat, in a layby but happening to be watching the telly etc, you apply that magical skill of discretion. There is no firm line between being in charge or not. Its a balance of the circs as you see them - as you haven’t interviewed the ‘driver’ so can’t fully know what their intentions are - versus - and the likelihood of the vehicle being driven by that person. gets sticky if the keys are in the ignition (to charge the water heater), and thsi where some would be reaching for the breath test device, but then Mr Sproggs answers the door wrapped in a towel … you then have a good idea that he is unlikely to drive or at least not until he has applied a little talcum powder in the right places.
adslegend, on May 11 2009, 4:24 PM, said:
Sensible answer.
I don’t know what it is about drink drivers that makes a lot of officers lose their logical thought processes.
That has no relevance whatsoever. This armchair lawyering thing doesn’t seem to be your thing Harry. Stick to attending the steering wheel.
quaser:
truckyboy:
Hw could he bedrunk in chargewhen he was found unconscious at the side of the road,From the report, there is no evidence that the driver was the person who was in the road - the police, by their own admission, didn’t find that person, or the witness who claimed to have seen him. The driver was found asleep in the cab, with a cut to the head, though crucially the keys were in the ignition.
A good brief would have torn that to shreds.
There’s a report that someone with X description is lying in the road by a truck semi-conscious. You turn up and there’s no one lying on the road but find a passed out drunk matching X description inside the truck.
Good job you aren’t a detective, eh Sherlock?