Harry Monk:
mickyblue:
It’s not that though, your still in charge of a motor vehicle on a road on a rest or not, your still in charge of said vehicle. SimplesIf you are in charge of a vehicle on a public road and are able to prove that there is no likelihood of you driving it then there is no offence committed. You even quoted the relevant law yourself in your earlier post.
Just had a look at my other posts. Cannot see anywhere where i have said such a thing. Are you able to provide the info?
mickyblue:
Just had a look at my other posts. Cannot see anywhere where i have said such a thing. Are you able to provide the info?
Certainly.
mickyblue:
Depends where your parked up, as you can still be in charge of the Motor vehicle ( has to be a motor vehicle under that section ) even if your on the bunk.Below is the definition of Section 5 RTA 1988
Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit…
(1)If a person– .
(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.
(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. .
(3)The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle. …
Note that it says “It is a defence” and not "It might be, could be, possibly would be a defence.
If you’re the Old Bill and I’m a truck driver, how come I understand the law and you don’t? 
Sorry Harry, nice try 
Subsection 2 of section 5 RTA is a defense as stated in all my other posts, BUT ONLY IN COURT. It will be DOWN TO THEM to decide if it is good enough excuse to be drinking whilst parked up ON A ROAD having your daily rest.
Your still in charge of a vehicle on a road even if it is parked up without the engine running.
I can’t see how you could prove any intent to be in charge of a vehicle on the public roads at any time prior to the end of the rest period as it would be an offence under driver’s hours laws to do so.
In fact you’d be much less likely to be so than someone sitting in their own living room drinking.
mickyblue:
Subsection 2 of section 5 RTA is a defense as stated in all my other posts, BUT ONLY IN COURT. It will be DOWN TO THEM to decide if it is good enough excuse to be drinking whilst parked up ON A ROAD having your daily rest.
Your still in charge of a vehicle on a road even if it is parked up without the engine running.
In over 25 years I have never heard of the police requiring a breath sample from a truck driver who is obviously parked up for the night and so presumably it is well understood by more experienced officers than yourself that such a charge would have zero chance of being successful if the case went to court.
And a defendant in a court case does not present “an excuse”. He presents a defence. It is a defence to show that there is no likelihood of driving- out of tachograph hours, parked outside customer’s premises etc- so why would you devote the resources and manpower to somebody who you know full well would not be convicted of the charge, when there are criminals you could be out catching?
Nope,
on a break or not, your still in charge of said vehicle. You don’t have to prove the intent of the driver at all.
I think i am going around in circles here
mickyblue:
Nope,on a break or not, your still in charge of said vehicle. You don’t have to prove the intent of the driver at all.
I think i am going around in circles here
Well look, here’s an idea. Why don’t you go on PigNet or whatever it’s called and ask the question there? You said you were registered.
Then we’ll see what your fellow bluebottles have to say.
Harry Monk:
mickyblue:
Subsection 2 of section 5 RTA is a defense as stated in all my other posts, BUT ONLY IN COURT. It will be DOWN TO THEM to decide if it is good enough excuse to be drinking whilst parked up ON A ROAD having your daily rest.
Your still in charge of a vehicle on a road even if it is parked up without the engine running.
In over 25 years I have never heard of the police requiring a breath sample from a truck driver who is obviously parked up for the night and so presumably it is well understood by more experienced officers than yourself that such a charge would have zero chance of being successful if the case went to court.
And a defendant in a court case does not present “an excuse”. He presents a defence. It is a defence to show that there is no likelihood of driving- out of tachograph hours, parked outside customer’s premises etc- so why would you devote the resources and manpower to somebody who you know full well would not be convicted of the charge, when there are criminals you could be out catching?
There you go Harry, you have answered your own question there. It is very unlikely that a driver will be caught drinking in his lorry whilst parked up in a lay-by having a few beers, but having the lorry on break doesn’t mean that the lorry cannot be moved still?
Experienced or not, i was purely stating what the LAW states. I have never quoted any examples that i have done in the past. I just clearly stated a fact.
Bored now Harry and thanks for the fun as i used this as revision. I also asked a number of officers who have done traffic in the past and have 20 years under there belt. I have asked them this question and even they agree to what i have said. I have also asked where motorhomes stand and the words which were said "if there able to still get behind that wheel then yes, DIC. Courts will decide the rest Harry.
Police officers only make arrests, it’s the courts who do the convictions
when there are criminals you could be out catching
Come on Harry, 1 officer out of a 1,000
Harry Monk:
mickyblue:
Nope,on a break or not, your still in charge of said vehicle. You don’t have to prove the intent of the driver at all.
I think i am going around in circles here
Well look, here’s an idea. Why don’t you go on PigNet or whatever it’s called and ask the question there? You said you were registered.
Then we’ll see what your fellow bluebottles have to say.
Think i already answered that reply
mickyblue:
Nope,on a break or not, your still in charge of said vehicle. You don’t have to prove the intent of the driver at all.
I think i am going around in circles here
Did you mean Break or Rest, totally different in law.
oh, didn’t you sign up to a police forum yesterday as RBM?
Fileep:
mickyblue:
Nope,on a break or not, your still in charge of said vehicle. You don’t have to prove the intent of the driver at all.
I think i am going around in circles here
Did you mean Break or Rest, totally different in law.
yeah sorry, REST is what i mean
mickyblue:
oh, didn’t you sign up to a police forum yesterday as RBM?
Who me? No.
I may sign up as Harry Monk though and ask myself, whaddya reckon?
Surely any copper with half a brain cell would know that any charges brought wouldn’t get very far in court…this is why they don’t bother.
commonrail:
Surely any copper with half a brain cell would know that any charges brought wouldn’t get very far in court…this is why they don’t bother.
Common, I was just clearly stating the LAW down to the last letter but there is a thing called discretion
so I got my licence back now, though its dirty now as it has this dr70 endorsement without penalty points (I wander, im expecting at least 4 points there)
i know its hard or i have no chance getting a job but if i will decide to try in the near future
i passed my cat C and also cpc modules 1 and 2 on feb 2010, is my cpc 1 and 2 still valid?
Harry Monk:
waynedl:
Also, as someone else pointed out, you can easily get a drink driving ban on a Monday morning after a good night out on a Saturday night.Do you ever breathalise yourself before going out?
Also, some mouthwash and other stuff can give a positive reading on a breathaliser, not sure if it’d go any further though, blood or urine tests?
Hmmm, you would have to drink a heroic amount on a Saturday night to still be over the limit on a Monday morning… as a very rough rule of thumb it takes two hours for the body to rid itself of a pint of medium strength beer.
Mouthwash can affect a breathalyser but the Police are not supposed to breathalyse you within 20 minutes of using it, and even if you failed the roadside test you would not fail the test at the Police station if you had used mouthwash since it only remains in the cells in the mouth for 7-8 minutes, neither would it show in a blood or urine test.
Not impossible then I can easily drink 9-10 pints of premium larger on a night out and a few “lemonade’s” smirnoff ice when I get bloated finishing drinking at 4am that potentially could put me over on a monday morning
Harry Monk:
I wondered how long it would be before someone rode in on a high horse.
not a high horse as i can see it imo as DD is serious but that would be human nature to think that
jdperez2003:
hi there
i am banned from driving for 18 months, will i loss my class c category after the ban?
thank you
BOO ■■■■■■■ HOOO TUFF ■■■■ POTENTIAL KILLER
Dont think hes looking for sympathy.
Thats the trouble with this forum its now a soundboard for unemployable ■■■■■■■■ and amatuer jeremy vine wannabes.
jdperez2003:
so I got my licence back now, though its dirty now as it has this dr70 endorsement without penalty points (I wander, im expecting at least 4 points there)
i know its hard or i have no chance getting a job but if i will decide to try in the near futurei passed my cat C and also cpc modules 1 and 2 on feb 2010, is my cpc 1 and 2 still valid?
PLEASE AT LEAST ANSWER MY QUESTION BEFORE YOUR JUDGEMENT OR OPINION…thanks