1. Untitled Document

wild camping in layby

Discussion in 'England' started by shardav, Feb 22, 2009.

  1. shardav

    shardav

    Joined:
    Feb 22, 2009
    Location:
    holbeach
    is it legal to camp overnight in a motorhome in a layby as i always see lorrys stopping overnight and i always thought it was illegal for them to do so
  2. pappajohn

    pappajohn Funster

    Joined:
    Aug 26, 2007
    Location:
    scarborough, nth yorks
    hi and welcome to the fun.

    with regard to your question......i dont think its strictly legal to sleep in your van in a layby as its still part of the road.

    if the layby is set back from the road and a hedge or similar is between it and the road then i dont think you'd be bothered by the plod but you might still be told to move on if they're in the mood, so no wild parties with copious amounts of alcohol as you may have to drive.:Angry:

    you could use a layby being used by truckers and you probably wont be bothered but could you cope with the noise of their fridge units running all night and trucks coming and going at all hours:Sad:
  3. PeteH

    PeteH

    Joined:
    Nov 22, 2007
    Location:
    East Yorkshire
    laybyes

    Hi

    Over the years I have had many "overnights" in lay-bys, we have our favourites, BUT only for one night En route to ????. I try to avoid the obvious ones, and the best ones are on bypassed roads where the "old" road has been downgraded. these are often known to the older generation of truckers and are quiet(er),as they are unused due to the old 7.5t restriction on Truck use, (dont apply to me m'lud as I'm a motorcaravan?!!).

    The worst bit is that Most of the well used ones smell like S***H*****!!!!

    Mind you do get some "funny" things going on, eg one I know is nowadays a regular haunt of "boy meets boy for good time" Nudge nudge, wink wink!!!.:Rofl1: and my mate recently spent the night on one (old) layby only to be knocked up and "propositioned" :Blush:by what looked like a 13 year old girl!!! good job his missus was in the van with him!!!, she told her where to go. :thumb: . And there is one (allegedly) near newcastle which is used for the "sport" of "doging" (No idea what that is!!!):Rofl1::Rofl1:

    Pete
  4. Wildman

    Wildman Funster

    Joined:
    May 30, 2008
    Location:
    Ilfracombe, Devon
    I have always felt comfortable overnighting in a layby, just one night providing it is off the road and not in a busy area. Annoyingly the laws for lorry drivers are different to us. We do not have an automatic right to sleep in the vehicle and there are often signs prohibiting it. Play it by ear. don't put out awnings, tables chairs or show internal lights that could confused motorists. Good luck
  5. GJH

    GJH Funster

    Joined:
    Aug 20, 2007
    Location:
    Acklam, Tees-side
    As Wildman mentions, the laws for lorry drivers are different. This results from the restriction on driving hours which applies to lorry drivers so is a road safety measure which benefits all of us. Obviously, lorry drivers cannot pull in to a campsite/caravan park or CL/CS - which is, of course, available to people driving motorhomes (OK, I realise that some larger RVs might have problems).

    The above notwithstanding, the advice given by others is sound.

    Graham
  6. derekfaeberwick

    derekfaeberwick

    Joined:
    Dec 1, 2007
    Location:
    Berwick
    A layby is part of the highway and as such the laws re such apply. I have the the receipt some where for a ticket for parking in a layby on the A 66 @ Penrith because the vehicle was not showing lights.This is unlikely to happen to you but if you hack plod of they can do you.:cry:
  7. shardav

    shardav

    Joined:
    Feb 22, 2009
    Location:
    holbeach
    thanks for your reply derek but heres a question why is it the lorry drivers get away with parking in a layby all night as when i was driving 6 years ago they was not allowed to do so and you being a hgv driver do you park in laybys
  8. pappajohn

    pappajohn Funster

    Joined:
    Aug 26, 2007
    Location:
    scarborough, nth yorks
    all down to permitted driving hours.

    you may be 20/30 miles from a truck stop which could put you 30 mins or more over your allowed hours.
    pull in early and your boss aint gonna like it much.....30 miles lost.

    the Gov made the rules so the Gov have to make allowances.
  9. passionwagon

    passionwagon

    Joined:
    Jun 24, 2008
    Location:
    somewhere in Norfolk
    :Eeek:please quote which regulation allows HGV drivers but not others to sleep in their trucks in lay-byes ( separated or parallel ) :Wink:
  10. ScotJimland

    ScotJimland Funster

    Joined:
    Jul 25, 2007
    Location:
    .
    For me a lay-by would be a last resort, and I mean LAST resort..

    however the highway code gives this advice..

    So lets say you have stopped for a kip in a lay-by and plod comes knocking, you say, sorry officer but I'm too tired to drive further.. do you think he would risk you having an accident and he got the blame by insisting you to drive on ? I think not..
    Last edited: Feb 28, 2009
  11. Colin and Jaen Andrews

    Colin and Jaen Andrews

    Joined:
    Aug 18, 2008
    Location:
    Gloucestershire
    Gloucester

    Hi
    just quick reply to Yorkshire :Eeek:- we have them too in Gloucester:Eeek: - we go to a place for our one night off site. Yes it is well known as a d****ing car park. We find it 'no problem' we can see what is going on but they do not bother us. Hey ho. We are gone in the morning.:BigGrin:
    Have not tried a layby but if needs must then will give it a go at some point.hardhat
    You sure see life full timing in an RV and we love it.
    Jaen and Colin x
  12. Wildman

    Wildman Funster

    Joined:
    May 30, 2008
    Location:
    Ilfracombe, Devon
    shant, I really cannot be bothered to go and look for the relevent legislation, as I originally said I am happy to park in laybys, always have been and never had a query from anyone. But then only stay one night and gone in the morning. Far too much chasing legislation at times for my liking. lighten up this is a fun site. hee hee.
    Oh what the hell, papajohn has explained why lorry drivers are exempt the following legislation. Click on link below.
    <Criminal Justice and Public Order Act 1994 (c. 33)>

    the relevent passage

    (1) If it appears to a local authority that persons are for the time being residing in a vehicle or vehicles within that authority’s area—
    (a) on any land forming part of a highway;
    (b) on any other unoccupied land; or
    (c) on any occupied land without the consent of the occupier,
    the authority may give a direction that those persons and any others with them are to leave the land and remove the vehicle or vehicles and any other property they have with them on the land.
    Last edited: Feb 28, 2009
  13. Losos

    Losos

    Joined:
    Feb 17, 2009
    Location:
    Suffolk & Czechland
    I agree with you on this and when I began to think about getting a MH two of my prime aims were (a) reduce the cost of hotels which on a 30 or 40 day trip can add a lot (b) reduce the hassle of finding a hotel in a town you don't know and which likely has all sorts of one way systems and restricted areas.

    Parking overnight in a lay by (One which has a hedge or something between it and the road) seemed to me to be a good idea and I'm pleased to find some people who are happy to do it.

    Thereeis far too much pernickity legislation which give plod and others far too much authority in matters which are hardly major dangers to the nation or whatever.

    Just my opinion.
  14. hilldweller

    hilldweller Funster

    Joined:
    Dec 5, 2008
    Location:
    Just South of Manchester
    On our first big EU trip by MH last year we were comparing it to doing it by bike for many years.

    MH - struggle to find a campsite. Pay a reasonable portion of Formula 1 hotel price.
    Bike - ride 'till tired, flop in to nearest hotel, Formula 1 / Campanile.

    Actually more expensive by MH with it's high fuel consumption.
    And a small car is cheaper to run than a bike.
  15. pappajohn

    pappajohn Funster

    Joined:
    Aug 26, 2007
    Location:
    scarborough, nth yorks
    could get technical and take them to the letter of the law but why get up plods nose.....

    77 Power of local authority to direct unauthorised campers to leave land
    (1) If it appears to a local authority that persons are for the time being residing in a vehicle or vehicles within that authority’s area—
    (a) on any land forming part of a highway; (layby)
    (b) on any other unoccupied land; or
    (c) on any occupied land without the consent of the occupier,
    the authority may give a direction that those persons and any others with them are to leave the land and remove the vehicle or vehicles and any other property they have with them on the land.
    (2) Notice of a direction under subsection (1) must be served on the persons to whom the direction applies, but it shall be sufficient for this purpose for the direction to specify the land and (except where the direction applies to only one person) to be addressed to all occupants of the vehicles on the land, without naming them.

    depends on how you interpret it, but to me it seems the authorities must serve a "git orf moy larrnd" notice before kicking you off.
    not much point if you are only on a stopover.:Wink:
  16. Terry

    Terry Funster

    Joined:
    Dec 27, 2007
    Location:
    South yorks
    That very thing happened to my mate :Rofl1: plod told him to move and mate told plod to sign a paper telling him to move despite him being too tired.:BigGrin:He slept soundly for 6 hours :thumb::Rofl1:
    terry
  17. derekfaeberwick

    derekfaeberwick

    Joined:
    Dec 1, 2007
    Location:
    Berwick
    I think the police could issue a parking ticket if your lights are not on if the lay by is part of a carriageway with a speed limit over 30 mph. Unlikely to happen, but the question was asked and as I said earlier I was fined for not showing lights on the truck. Possibly larger vans would fall foul of this law even whilst parked in laybys with a lower speed limit the same as trucks.
  18. Bulletguy

    Bulletguy

    Joined:
    Feb 7, 2008
    Location:
    Cheshire/Staffs
    A little bit of plain common sense should tell you if it's a relatively safe place to park overnight or not.

    I've parked overnight on a few layby areas in the uk and one not far from where i live is often used by hgv's, campervan/mh, and 'tuggers'. I've never seen any written law stating hgv's being exempt from this practice though some people mention there is.....do you have a link or official site stating such? Road Traffic Act maybe? If there is....post it rather than assume it.

    However what i do find particularly annoying are signs on the M40 (and probably on other Motorways) reminding drivers that 'tiredness kills....take a break', only to pull in to the next service area to be confronted by huge signs telling you 'NO OVERNIGHT STOPS'.
    Does anyone take a blind bit of notice of that last sign? Like heck they do!! And nobody......not even the Police enforce it.

    Thankfully plain common sense prevails!
  19. GJH

    GJH Funster

    Joined:
    Aug 20, 2007
    Location:
    Acklam, Tees-side
    The mentions, by Roger & John, of S77 of the Criminal Justice and Public Order Act 1994 got me thinking about whether I was right in my previous post about the laws for lorry drivers being different.

    S77 is there not to allow overnighting by anyone but, on the contrary, to enable the police and local authorities to get rid of illegal camp sites - mainly traveller camps, "peace camps" and the like.

    I had thought that there was specific legislation which allowed lorry drivers to sleep, in lay-bys, in built in bunks in their cabs (as opposed to simply having a nap for half an hour in the driver seat, such as a car driver might do). However, having done some Googling I am unable to find any such legislation. Can anyone point me in the direction of any such legislation? Or is it just a case that such sleeping arrangements by lorry drivers are tolerated even there is no legal right?

    Graham
    Last edited: Mar 1, 2009
  20. Gonewiththewind

    Gonewiththewind Funster

    Joined:
    Sep 13, 2007
    Location:
    Lancashire
    You beat me to it GJH. I believe the key word is "Resident". Nothing to do with taking a nap or resting up. It is to enable local authorities to remove gypsies and the likes who set up home, with all the paraphernalia that goes with residing in a lay bye.
    I have overnighted in many a lay bye and car parks signed "No Camping" and never been confronted.
    What does get up my nose is when you see the response, "well a mate of mine said that he worked with a guy who was in pub and over heard a conversation". Get Real.

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