Truckerbill

Private Land, Alcohol, Cars and Drunk In Charge Rules

11 posts in this topic

Hi all,

Firstly let me introduce myself; My name is Bill and I am a 30 something HGV class 1 driver, youtuber and I also hold a shotgun certificate.  I take the law very seriously and have never had so much as a caution and would like to keep it that way.  I have also been in the unfortunate position to have been at the scene of various RTA's due to the drink/drugs/tiredness and general dangerous driving of others, (usually at least 10 minutes before the first emergency services). 

I have a bit of an odd query I am hoping you'll be able to clarify for me or at least point me in the right direction seeing as I cannot find a definitive answer.

Along with a few friends of mine I am planning on creating an entertainment production company to, (at first), create content for youtube based around vehicles.  Repairing, restoring, customising, importing ect.  The channel will feature both factual and satirical content and hopefully help rasie awarness of effects certain legally obtainable substances, (such as alcohol and prescription medication) can have on a persons ability to control a vehicle.  Obviously all of this will be done on private land with safety procedures in place.

My query is this;

Whilst working on vehicles that are unable to be driven on public lands, (due to lack of MOT, insurance, tax and or in a state that prohibits them from being driven), can we be charged with Drunk In Charge if we have a beer on the go whilst working on a vehicle, (say swapping out suspension on a hot day).  I know that sounds odd, working on a vehicle whilst drinking, but I do not mean getting hammered whilst doing this.  Just in general, mates in a workshop, on a day off from work, sodding about.  Creating content of a more Top Gear esq level of humor, (we would, after all, being trying to build a fan base to grow and have to be some what entertaining).  It would most probably be more of an after having worked on the vehicles, whilst still around them and with access to them we end the upload with a celerbratory "we got it going!" kind of beer.  Remember I am asking in regards to being on PRIVATE land all the time and NEVER going out onto public property.

The reason I ask is that I want to have fun but stay legal.  I want what we plan to grow to be fun, but SAFE and LEGAL.  Eventually we hope to have a recognised production company and thus all the health and safety protocols in place for the bigger stuff such as driving around a closed "track" between cones showcasing the effects of booze and so on.  But in the beginning, before any level of success, what do we potentially face if uploading content where beer and vehicles are in shot at the same time. 

 

Thanks in advance,

Bill.

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A Mod will be along with a legal disclaimer, in the meantime I paraphrase - anonymous posters on a forum may or may not have legal knowledge. You may get some opinions that may be helpful or a load of tosh.
Criminally you are pretty safe on private land as long as the public do not have access.
Morally I question the mixing of alcohol and vehicles/ driving in any circumstances. Why do you feel the need to have alcohol to be enjoying yourself?
If you become the success you wish you will be making an impression on viewers who will not be clear on you being on private land. Some may wish to emulate their hero Bill, who has a beer when fixing up his car then drives it. So they have a couple of Stella while changing the brake pads on their Corsa and drives off down the road.


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There's a legal disclaimer on the main forum page for this section, but here you go anyway... 

 

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Any advice on a specific area of law is from either currently-serving UK police officers, and is offered to the best of their ability, or from members of the public who are perhaps aspiring to be serving police officers and may not hold the necessary level of knowledge to provide such assistance or by any other member who may offer their opinion. Either way such advice can only be treated as an opinion and nothing more. Members should look for the Verified Members Badge that appears on the posters name as advice from members holding this badge are verified police employees. The information is based on their own individual experiences, expertise and training. It is stressed, however, that if any information or advice found in these forums is used by any person or organisation, then the respective police officer(s) and staff can not and will not take any responsibility for any outcome in any investigation in a criminal or civil enquiry. Any advice or opinion offered is to the best of the individuals knowledge and ability based on the information you have supplied, and we will stress that we will never be knowingly misleading or untruthful in content.

[*]Please note, we do not offer advice or assistance in order to avoid penalties that you have incurred or maybe pending. [*]Such requests are deemed to be of an Operational nature and against our main Forum Rules. [*]You should always seek Legal Advice from a Qualified Solicitor in the event of any impending prosecutions or other involved legal matter.

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Hi all,

Thanks for replies thus far.  I am aware that you do NOT give out legal advice that would be useable within a court of law nor could I use it as a defense.  I was hoping someone may know of an actual paragraph/sub-section within law that may be of use.  I understand not everyone on here would be police and anything said would be taken with a pinch of salt, so to speak.

As for morality issues; in a world where morality is subjective, who has moral superiority?  This is why justice is blind, we may not all agree on some parts of the law and or punishments but they are in place within our country based on our overall ideals.  Saying that someone may wish to copy something we do, well let's ban Fast and Furious.  Look at all the kids with Jap imports done up to the nines and blowing blue flames, drifting around every roundabout they see...  Ban action, horror, thriller and slapstick films incase someone gets hurt being an idiot.  This is the issue faced with any and all forms of entertainment.  Even factual and for help uploads we do, maybe someone believes they have the euro 3 engine when it's a euro 4 and they do what we say, their car goes pop.  Could we get sued, for example.  Obviously I would and will consult with a solicitor's in due course.  I discovered this website/forum and thought maybe someone on here could help out, point in the right direction first so that I have, at least, a basic understanding; which would help reduce the time I'd need to spend with a law firm, (being able to ask specific questions about specified legislation), thus decreasing any charges I may be faced with in the form of consultation fees.  

Having spoken with my friends since last night the scenario in question is;

Been working on car, got parts done, trialled a start-up and "she's alive".  End of episode we are standing around clinking pint glasses, or cans of beer, in celebration with the vehicle in question in the background.  Obviously we would have access to said car, could we be done for Drunk In Charge?  Is there any specific legislation in place that anyone knows of and could link in?  Bare in mind this is on private land and the vehicles will most likely be in a non-roadworthy condition so wouldn't be legally driveable even if we wanted to drive legitimately. 

 

Thanks again,

Bill

 

 

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Ooops,

One extra add on that I forgot to mention is that any and all uploads will make clear to views that the land is private and have a do not try this at home insert at the start.

 

Thanks again,

Bill

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On 04/04/2017 at 11:27, Truckerbill said:

Could we get sued, for example.  Obviously I would and will consult with a solicitor's in due course.  I discovered this website/forum and thought maybe someone on here could help out, point in the right direction first so that I have, at least, a basic understanding; which would help reduce the time I'd need to spend with a law firm, (being able to ask specific questions about specified legislation), thus decreasing any charges I may be faced with in the form of consultation fees.  

You're question has been answered by Reasonable Man, Criminally as long as the private land is away from a public road and the general public don't have access to it (for example a racing track) then the legislation covering Drink Driving doesn't apply. 

Your other question could you get sued and the legal disclaimers you need to make are questions you should be asking a solicitor.

The only thing I'd like to add is that say you get the vehicle sorted and you jump in the car to celebrate. If something were to happen (parts fail, someone walks out in front of the car, cars crash into each other etc.) and someone was injuried and had time off work, wasn't able to work etc. then someone will end up getting sued for causing that accident. I'd highly recommend getting some sort of business insurance however I doubt any insurance company will want to cover you knowing that you were operating vehicles while under the influence of alcohol. 

I also agree that morally, I don't agree with it. I understand your point about Fast and the Furious however most sensible people understand it's a movie with loads of support in place not a couple of guys in a garage. I'd also say that just because there are idiots on the road doesn't make it OK for anyone else to act like an idiot. 

I'm of the view (having seen the damage that alcohol mixed with vehicles can cause) that no one should be promoting them being mixed together. 

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On 04/04/2017 at 11:27, Truckerbill said:

Been working on car, got parts done, trialled a start-up and "she's alive".  End of episode we are standing around clinking pint glasses, or cans of beer, in celebration with the vehicle in question in the background. 

Bill

I would like to watch this and wish you every success in your venture.  Regards to having a can or two after the event I would suspect that it's along the same lines of a stereotypical Sunday (for me anyway).  Bit of weeding/grass cutting, wash the car, few cans (more if wife not looking) and general chatting with neighbours doing similar.  I have access to a vehicle as it's on my drive but I think the law in that respect is something along the lines of 'intent to drive'. 

Regards the driving after alcohol, I'm sure I have seen a TV documentary showing drivers on a track (closed to public) where they completed the course before and after consumption.  

I would hazard a guess that there would/could be an insurance clause stating all people involved would do so at their own risk etc.  

I have no legal expertise and am just a lowly lorry driver with respect for the law as well as you.  I do like entertainment though and again wish you well (link please when done). 

 

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Hi all,

 

Thanks for all the replies.  I don't know how long this thread will stay, or be accessible for me but in due course I will post a link once everything is up and running. 

 

Again, thanks all.

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Whilst the common drink driving offences do not apply to vehicles being driven on private land to which the public do not have access as posted above , bear in mind the old offence of wanton and furious driving under s35 Offences against the Person act 1861.

http://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/35

It's used occasionally for private land driving offences if someone gets hurt:
http://www.bbc.co.uk/news/amp/36500156



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Good reference, Adesteele.

(I've recently been researching this in college). In the US, the private land -normally- excludes violations of the vehicle code. However, in the US (I'm sure the UK has very similar laws) criminal negligence comes into play where the courts can use precedents regarding unsafe operation of a motor vehicle without regard as to where it was operated.

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