Santa:
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.
[/quote]the norm for flying is 8hrs bottle to throttle ,just say you start drinking at 2100 and have 6 pints(1 pint=2 units) upto 0100 the first unit does not leave your system untill 2200 so in theory your body would not be free from alcohol till 10 the next morning.
i learned the above during my training and use it for when driving saying that some countries have a 20mg limit for pilots compared to 80 mg for normal drivers
can they breathalise you while on a rest period? surely that would be work related as driving would only be undertaken for work and they are not allowed to interrupt you during a rest period except in an emergency?
im with Kenny one this one. i would never condone drink driving but there is no need for the nanny state effect either. if i am driving the next day, whether work or not, i limit myself to 2 beers. you can have nanny state or you can allow people to take responsiblity for their own actions
MissHope:
missHope - Proud daughter of the late great Ste Hope - biggusdickusgb
I can still remember the shock I felt when I read your Dad had died, he was on TruckNet from the beginning.
orys:
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.
Its just a thing i won’t do, i don’t like to take the risk parking on a road in an industrial estate or on a layby there is a chance you maybe have to move. Ive parked in a layby before and was just about to crash out and saw three guys approach the truck one with a crow bar. I jumped in the drivers seat, put the lights on and started the engine and they ran off. In that situation i didnt want to stay in the layby, so screwed the daily rest rules and drove for 15mins to find somewhere safer. If i had been over the limit wouldnt have been doing that because drink driving espec in a truck is really bad news if your caught.
In a truck stop or MSA they is virtually no chance of being moved on, hence why if i was going to have a drink i’d rather have one somewhere where there is no chance of me being moved on.
The breathalyser/drink-drive law has nothing to do with whether you are at work or on a daily/weekly rest, but everything to do with your being in charge of or driving/attempting to drive a motor vehicle. If you are sleeping in the vehicle then you are still “in charge” of it and (if you were drunk) the offence of being “drunk in charge” of a motor vehicle would be complete.
Do the keys have to be in the ignition ?
Not always, if the keys are close by and at arm reach you can get done!.
What happens if you are drunk in a camper van parked up on a public road for the night ?
the same, get nicked for being drunk in charge unless you are at a camp site having a drink etc then it’s a NO
I’ve heard stories of responsible people kipping in the back of a car til they are under the limit and still being done !!
yep, still the same as a camper van etc
it’s hard to prove your intentions if you was asked etc so it’s an outright nick for all offences. bear in mind you can be over the limit from the night before
I aint questioning it, the police would do you, if you were sleeping in the back of your car drunk.
But what intentions are there to drive if you fast asleep in the back of your car lol
Done it once, was going out with a girl from a town about 30miles away, was out drinking with her one night, had an argument ended up wouldnt let me in was middle of winter wandered about for ages, frozen, couldnt afford £50 for a taxi home. Luckly had an estate car, and my overnight kit is always in the car. So slept in the boot in a sleeping bag my legs sticking out into the back seat, put some coats over my legs, so anyone passing wouldnt notice them.
Just seems very stupid what i did could lead to a driving ban and career down the drain, i know i shouldnt have done it but would have ended up with hypothermia if i had stayed out any longer in the cold and nowhere else to go.
you would be very unlucky to get locked up for this an even more unlucky to be convicted of it. it is a very hard offence to prove at court, However that said the comments, “Its down to the officers discretion, having your curtains closed, engine runing due to night heater being broken” etc are all rubbish, there is no discretion, closing curtains, how many people have done that when vosa pull onto services? if your engine is running and your ■■■■■■ then night heter or not ou are gonna get locked as you have the means to drive all you have to do is take the brake off, its down to comon sense really if you have a few, then straight to bed. no bobby will knock you up in the middle of the night to see if you have been drinking. they would have no right to request a breath test from you in those circumstances if they did. if you do ever get convicted of the offence though expect a ban or a very heavy fine with lots of points.
mickyblue:
Do the keys have to be in the ignition ?
Not always, if the keys are close by and at arm reach you can get done!.
What happens if you are drunk in a camper van parked up on a public road for the night ?
the same, get nicked for being drunk in charge unless you are at a camp site having a drink etc then it’s a NO
I’ve heard stories of responsible people kipping in the back of a car til they are under the limit and still being done !!
yep, still the same as a camper van etc
it’s hard to prove your intentions if you was asked etc so it’s an outright nick for all offences. bear in mind you can be over the limit from the night before
Sorry mate but drunk in charge is not an “outright nick”, I know from personal experience!
Sure you can be arrested & charged but there is a statutory defence regarding “intention to drive”.
Any good solicitor specialising in motoring law will be able to mount an effective defence providing there was clearly no intention to drive, as in a driver on a mandatory 11 hour rest period.
Even someone sleeping in the back of his car can be defended… depending on circumstances 
As I understand it TECHNICALLY if you have the keys to the vehicle about your person you are deemed to be incharge of that vehicle. I can imagine all sorts of issues arising from this like how near to the vehicle would you need to be (1 mile, 10 miles, 100 miles??), but I was told that this is actually the case. But it would be a bloody pedantic copper who booked you when it is obvious you have no intention of driving 
gardun:
As I understand it TECHNICALLY if you have the keys to the vehicle about your person you are deemed to be incharge of that vehicle. I can imagine all sorts of issues arising from this like how near to the vehicle would you need to be (1 mile, 10 miles, 100 miles??), but I was told that this is actually the case. But it would be a bloody pedantic copper who booked you when it is obvious you have no intention of driving
Yep that’s what most think but it’s not true! As I said (& others on this thread) there has to be intention to drive & you will need to have a believable defence but it is possible to successfully defend a drunk in charge case.
Its not that hard to defend trust me, and your previous statement is not quite true, suspected of drunk in charge and you’ll be locked up okay. taken to the station, put on the machine then either released or held until later in the day. The and this is the important bit you’ll be interviewed . the cps will then decide whether to charge or not.
my mate over 15 years ago got done for being drunk in charge outside the red lion he had fell sleep on the wheel when he got back in his truck instead of drawing curtains and going bed
Roymondo:
If you are sleeping in the vehicle then you are still “in charge” of it and (if you were drunk) the offence of being “drunk in charge” of a motor vehicle would be complete.
How does that work if you are double manned and both asleep in the same truck ?
It says ERF not RAF:
Roymondo:
If you are sleeping in the vehicle then you are still “in charge” of it and (if you were drunk) the offence of being “drunk in charge” of a motor vehicle would be complete.How does that work if you are double manned and both asleep in the same truck ?
They’d both be done for sleeping whilst in charge of a vehicle when they should be paying attention. The only thing worst than a drunk driver is some one who sleeps at the wheel!!!