What do the ‘Old Bill’ class as ‘in charge of a motor vehicle’ ?
Do the keys have to be in the ignition ?
Do you have to have your cab curtains closed ?
What happens if you are drunk in a camper van parked up on a public road for the night ?
I’ve heard stories of responsible people kipping in the back of a car til they are under the limit and still being done !!
Is it a ‘Coppers Discresion’ thing ? and does the type of vehicle you are in make a difference ?
Interested to read your views as its something I’ve wondered about for a while.
I would never even think of drink driving so would hate to get breathalised getting back into the truck at bedtime (keys in hand) after having a couple of beers in the pub.
as far as i am aware…if your in it, with the keys,your in charge of a motor vehicle,it might need moving if there is a fire or summat,read somewhere about a driver getting 9 points and a £1000 fine,for being on a public lorry park,(weekended),having a beer,rog i think, is the man for this question or southcoastsurfer,
Looks like it depends on if the coppers having a bad day or not 
Think most of them will realise that you are not going to drink and drive and use their discretion.
Found this policespecials.com/forum/ind … opic=93853
As I understand it you could be done for being drunk in charge of a vehicle.
It would probably depend how drunk you were. The police would (quite reasonably) assume that you intend to start driving as soon as your statutory rest is complete so, if you still had 8 hours to go and were only just over then you would likely get off with a warning. However if you were well over, or only had a short period of break left, then you would be done (quite rightly).
Being on a lorry park would be no defence because it has public access.
Putting the keys somewhere would be no defence unless you could prove that you did not intend to drive when your rest finishes (could be you phoned your boss and said you were going to be over the limit so he’d better send a relief).
Doesn’t matter how far from the steering wheel you are unless you are outside (in a tent?)
Airline pilots are not allowed to take alcohol 24 hours before flying. In my view that’s a good rule for truck drivers too.
If you are in the truck and had a few beers so long as they keys arent in the ignition I would think you are ok, the coppers wopuld not only have to prove you over the limit in charge but that you intended to break the law by driving while having insufficient (sp?) break time that would be very hard to prove.
Is it the same for someone in a motor home they have a bed for the night but if they are over the limit does this mean they cant sleep in their motor home or carvan?.
my mate got charged with "drunk in charge"by an over the top cop whilst being weekended and it got thrown out of court
shouldnt be a limit should be a zero limit,
If you’re on a break and are free to,‘Dispose of your time as you wish…’,why shouldn’t you have a drink.
globby 480:
shouldnt be a limit should be a zero limit,
when your weekended on a 24hr break in the truck??
The way i always used to do it was, if i was parked in a layby or on a road say an industrial estate i wouldn’t drink because there is the chance maybe be asked to move the truck for whatever reason.
if i was in a truck stop, MSA, a companies yard then i would have a drink or go a wander to the pub, if i felt like it.
Its the problem with todays over the top society, shouldnt have a single drink, should be zero tollerance, its one sided nonsense. I rarely ever drank in the truck, occasionally would have a few down the pub.
but i know some who find it hard to get to sleep and have a few drinks before they crash out for say 8 hours and there will be no chance of them being over the limit the next day.
Some ways i think thats better someone having a few drinks to unwind, relax and get a decent nights sleep. its better than tossing and turning and only being able to get a few hours sleep.
Parked up on a cold winters night and the night heater has packed up so the engine is on to use the truck heater and you’ve had a few pints.
Plod has a nosey around your truck and sees that you have the curtains drawn with the interior light on.
A knock on your door - you peer out of curtains and see it’s plod so you wind down the window.
Plod smells alcohol… … you alright driver? says plod… yes says driver… …OK, night, night.
Plod goes away happy - WHY■■?
Because plod can see that you have NO INTENTION OF DRIVING
PS - you might get the “make sure you give enough time for that alcohol level to go down before driving” advice 
In the news a while back a guy got nabbed for being over the limit, in the driving seat with the engine on. He got off with it. Why? Because at the time he was living in the car, and had the engine on for the heaters to work. This was quite a while back. No-one remember?
jammymutt:
If you are in the truck and had a few beers so long as they keys arent in the ignition I would think you are ok, the coppers wopuld not only have to prove you over the limit in charge but that you intended to break the law by driving while having insufficient (sp?) break time that would be very hard to prove.Is it the same for someone in a motor home they have a bed for the night but if they are over the limit does this mean they cant sleep in their motor home or carvan?.
You should read the link Bubsy06 put up Jammy. The onus is on the driver to prove there is no intent to drive whilst under the influence. A lad I worked with got done on a night out a few years ago. He got 10 points and a fine.
tartanraider:
The onus is on the driver to prove there is no intent to drive whilst under the influence.
ROG:
you have the curtains drawn
Easy to show no intent to drive -
curtains closed
Tacho - end of shift input done and now on REST
I remember being told a story about this years ago which I have no reason not to believe.
Apparently a guy who was on for Ferns Tankers parked up at Grangemouth at 9pm one night, had a few jars and went back to the truck at around midnight. The old Bill were watching him and breath tested him on the spot, he was slightly over the limit so they arrested him and charged him with drunk in charge.
Now I’m sure some of our Scots brethren will confirm this but they deal with these things quickly up there and he was in front of the sheriff the next day.
Upshot being the T&G provided him with a good lawyer who appealed, and in court he took the tacho evidence that showed the driver had taken 3x 9 hour breaks already that week so couldn’t legally start till 8 am, he also took an expert witness (very clever 'cos he was the same expert the Police used) who stated categorically that by 8am the guys blood alcohol would be way under the limit.
He won the appeal and had his ban overturned.
This baffles me!
My fella and I were watching some road wars or traffic cops programme on TV yesterday, when a dutch bloke was arrested for driving over the limit. Now in this case, the bloke was having to drive all the way to Basingstoke before he was able to stop and sleep it off, which was his excuse to the police.
Now in this case, he was well in he wrong. 3 times over our limit and 8 times over his own countries limit. A RIGHT IDIOT!
But my partner then commented about his mate who fell asleep on the back seat of his car,locking his car and placing his keys in his pocket. He was arrested and charged.
I then said, how on earth could you enforce this on a lorry driver? He said why not!? to which I added, thats like charging me for drinking in my home. Many drivers live in their cabs overnight, sometimes over weeks.
I remember when I used to go out in the lorry with my Dad and at the end of the day when we would park up, Dad would make Camion Stew and have a few beers. This wasn’t every night but would you then be risking charges!?
BLOODY RIDICULOUS!
missHope - Proud daughter of the late great Ste Hope - biggusdickusgb
I heard a story yrs ago,3 drivers off same company parked up for night and went for a drink,came back and went to bed.In the night they were knocked up by mr. plod breathalised but got away with it because they had all swopped keys and therefore could not start the truck they were in.Truth or myth what do you think.
regards dave.
That has the whiff of myth to it.
No matter how much I drink tonight, there is no way I will come within a million miles of doing anything illegal.
I have pulled my card, pulled my curtains but most importantly I am parked directly outside the premises to which I am delivering tomorrow and have paperwork to support this, I have abundant proof that I have no intention whatsoever of driving until tomorrow morning. If they wanted to return at 0800 and breathalyse me then they would be at liberty to do so but for now I am untouchable.
It’s alright saying don’t put keys in the ignition but on some trucks you need the keys in the ignition to open windows or even for the power socket.
Kenny1975:
The way i always used to do it was, if i was parked in a layby or on a road say an industrial estate i wouldn’t drink because there is the chance maybe be asked to move the truck for whatever reason.
I used to have beer or two when parked somewhere and then I slept in the lorry. If I am parked legally, I don’t have to worry. I am not driving or not intending to, and I don’t need to prove it by going to sleep to the nearby hotel. And it’s my spare time, I am not paid for being in charge of the lorry when I am sleeping, so I am not. I am only sleeping there, in the bed provided for me by employer.
And as for the moving the lorry: If there would be a terrible disaster and extremally emergency situation, it would be much better for the Police to have me on the spot, as I will be able to move the lorry, even if I had two beers. I think in such situation, when ordered to do so by Police officer, I would do that. It would be much worse for them if there would be empty lorry parked obstructing the access to the fire, as they will have no idea where to find the driver and they won’t be able to move it without heavy crane or something.