The Unauthorised Encampments (Northern Ireland) Order 2005

Link: http://www.legislation.gov.uk/nisi/2005/1961/introduction

 
 
 
 
 
 
Viktor
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The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 10.01.2013  ·  #1
I read this today.

Power to remove trespassers on land



3.—(1) If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and—
(a)that any of those persons has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his; or .
(b)that those persons have between them six or more vehicles on the land, .
he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land.

Reside is not defined in this order but is defined in other UK legislation as meaning 'to live permanently or for a considerable time (in a place).
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 10.01.2013  ·  #2
What if they have been drinking but agree to leave as soon as is reasonably practicable. i.e. "sorry, I didn't think. I have had a drink. I'll move in the morning"
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 10.01.2013  ·  #3
Someone mentioned the Human Rights Act in relation to targeting Motorhomes and Campervans over ordinary vehicles, which got me reading several pieces of legislation. The key terms are 'reside' and 'two or more persons'. Sleeping is not defined or mentioned but is as you know difficult to prove.

Drinking is another ball game altogether as if you are over the limit on a road or in a public place you will be done for 'in charge of'. The only defence is if the vehicle is undrivable i.e. no one has the keys or it is broken down. No intention to drive doesn't wash unlike in England where you may use this as an excuse.
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 10.01.2013  ·  #4
Thanks

I have always thought this had potential issues.
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 11.01.2013  ·  #5
If 2 vans are stopped and each van has the others keys you cant be done as you don't have your keys in your possession or in your vehicle.
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 11.01.2013  ·  #6
Quote by Viktor

Drinking is another ball game altogether as if you are over the limit on a road or in a public place you will be done for 'in charge of'. The only defence is if the vehicle is undrivable i.e. no one has the keys or it is broken down. No intention to drive doesn't wash unlike in England where you may use this as an excuse.


Not as simple as that. Do ANY of us know a Motorhomer that has been prosecuted for drunk in charge?

If you are parked up with forward facing seats turned around, thermal blinds on the windscreen, bed made up, slippers on. Could a court prove you were going to drive?

Personally I think the threat of "drunk in charge" in a Motorhome is scaremongering. But if anyone knows anyone that has been prosecuted I await to be proved wrong.

See this Article:

Quote
Before you start drinking alcohol, you must:
• Make sure your motorhome is already parked up for the night. Do not take the risk of having to move it later to the right place, even if it's just a short distance within the car park or into an adjacent field
• Ensure your motorhome is not causing an obstruction. You should always consider whether you might be asked to move it later so
• Have some evidence if possible of the duration of your stay, so that you could prove your intention to sleep overnight in the car park

After you've had a drink of alcohol, you must:
• Never start up the engine in your motorhome
• Never place the key in the ignition
• Never sit behind the steering wheel or in the driver’s seat if it is facing forwards

Any or all of the above could be taken as indicators that you may be contemplating driving the motorhome and are more likely to attract attention from the police.
And always remember that if you've had a lot of alcohol to drink, you may still be over the legal limit the following morning.

http://www.outandaboutlive.co….nw2526_pg1
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 11.01.2013  ·  #7
That possibly might work. Has it been tested in practice do you know? You'd also need to know how much the other van occupants intend to drink or you could still be trying to get your keys back after lunch lol. :-/
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 11.01.2013  ·  #8
I wouldn't like to test that one Ally because a few simple steps make the vehicle capable of being driven. I would imagine you would be arrested and would go through the breath test procedure and a report submitted, and a decision made whether to pursue it or not.

You might possibly get away with it but I imagine you would be severly inconvenienced for several hours by the police gathering the evidence and you would be taken some distance away from your motorhome which will be left parked and perhaps unattended for those several hours.

Do you know has this been tested by anyone in court to establish a precedent?


Quote by Ally




Not as simple as that. Do ANY of us know a Motorhomer that has been prosecuted for drunk in charge?

If you are parked up with forward facing seats turned around, thermal blinds on the windscreen, bed made up, slippers on. Could a court prove you were going to drive?

Personally I think the threat of "drunk in charge" in a Motorhome is scaremongering. But if anyone knows anyone that has been prosecuted I await to be proved wrong.

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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 11.01.2013  ·  #9
Quote by Viktor

I wouldn't like to test that one Ally because a few simple steps make the vehicle capable of being driven. I would imagine you would be arrested and would go through the breath test procedure and a report submitted, and a decision made whether to pursue it or not.

You might possibly get away with it but I imagine you would be severly inconvenienced for several hours by the police gathering the evidence and you would be taken some distance away from your motorhome which will be left parked and perhaps unattended for those several hours.

Do you know has this been tested by anyone in court to establish a precedent?



As far as I know, NO. But the same goes, has anyone ever been prosecuted for Drunk In Charge when Parked/camped in a Motorhome?

If you have a drink in your house, your car is outside, you drink and go to bed, what's the difference?

I will be carrying on drinking to much alcohol in my Motorhome whilst I am parked up until such times there is a precedent set that I cannot do so. Then I will sell the Motorhome :D
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 11.01.2013  ·  #10
The difference there is private property and no observation of you being in the vehicle. If you were parked on the street and staggered out of your home and got into your MH and were observed and found sitting in the drivers seat in possession of the keys, then you would be done.

That's why you won't be done on a campsite, but the minute you drive through the gates you are at risk if you are still over the limit from the night before.
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 11.01.2013  ·  #11
Quote by Viktor

The difference there is private property and no observation of you being in the vehicle. If you were parked on the street and staggered out of your home and got into your MH and were observed and found sitting in the drivers seat in possession of the keys, then you would be done.

That's why you won't be done on a campsite, but the minute you drive through the gates you are at risk if you are still over the limit from the night before.



No difference as far as I am concerned, I have a bed at my disposal, the vehicle has been reasonably disabled. I would not be found sitting in the drivers seat, at least not facing the correct way for driving.
How many of us have been speaking to the Police whilst in a Motorhome and drinking? I know I have.

We could debate this all day, as we have both said, no precedent has been set on either scenario, unless someone knows different?

I will be carrying on doing what I am doing. :-)
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 11.01.2013  ·  #12
There's obviously a difference of opinion on the subject. Lol.
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Re: The Unauthorised Encampments (Northern Ireland) Order 2005

 ·  Posted: 11.01.2013  ·  #13
Opinions are like mouths, everyone has one :)
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