I seemed to have opened a can of worms with UHF Radio post, so let me open another. Once again, I'm sure this has been discussed before, but I can't find reference to it, being relatively new to the Forum. Example.
You have pulled into a free camp run by the local council. You have set up and settled into a nice cold glass of grape, in fact you are on your second, when the friendly local policeman comes along and tells you the Council has decided to close this free camp and you'll have to move on. You tell the nice policeman that you have had a drink and maybe over the .05 limit to drive. The policeman tells you it's against the law to drink alcohol in a public place, and for doing that you may be charged. What do you do ?
And just to digress, Victoria is looking at reducing the alcohol limit for being in charge of a motor vehicle from .05 to .02 saying this measure will reduce road and drink related deaths by 28 persons per year !!!
Dougwe said
01:31 AM Sep 16, 2012
Mmmm, a bit of a catch 22 there Big G. I think I would stay nice and just say was unaware of any of it and you would be more than willing to move on and was it possible to get a breath test off record. Apart from that I would suggest I pack up and sleep in the car until ok to drive then leave. Maybe deal with it as best you can at the time if it did happen.
I actually have a breath tester and you have reminded me to make sure it goes in the car as my passenger.
I am interested to see what others have to say.
tcp99 said
03:22 AM Sep 16, 2012
In your scenario re sleeping in car make sure keys are not in the ignition. You can becharged with DUI even if the car isn't moving.
brickies said
04:22 AM Sep 16, 2012
Yes it has been discussed many times on this forum , One would be foolish to tell a police officer that you had been drinking and may be over the limit not able to drive has the police could charge you with being over the limit in charge of a vehicle . The correct answer would be I felt tired and need a rest and cannot moved till I have rested has it is unsafe to do so .
gordon_adl said
05:08 AM Sep 16, 2012
I find it hard to believe that one can actually pull into a place that is a free camp yet police say it's not a free camp. If it used to be a free camp but no longer is then there should be signage. In my experience when free camping there has been clear signage. I think that there is a misconception that some folk think that just because there is a clearing somewhere it's a free for all to camp. With that said, and not having read the previous uhf thread, when I do free camp, I ask the locals first. I consider it rude to just rock up some place and set up camp, start opening alcohol and the not have the means to move on if it's deemed a law has been breached.
To me it's just good manners to make your intentions known first rather than imposing your will unto others. I'm sure I'll get bashed for this though, but you asked so it's now my right to give my opinion.
jetj said
06:19 AM Sep 16, 2012
My understanding is you cannot be in charge of a vehicle on a public road and over the limit. Could be wrong though.
Big Gorilla said
01:09 PM Sep 16, 2012
gordon_adl wrote:
I find it hard to believe that one can actually pull into a place that is a free camp yet police say it's not a free camp. If it used to be a free camp but no longer is then there should be signage. In my experience when free camping there has been clear signage. I think that there is a misconception that some folk think that just because there is a clearing somewhere it's a free for all to camp. With that said, and not having read the previous uhf thread, when I do free camp, I ask the locals first. I consider it rude to just rock up some place and set up camp, start opening alcohol and the not have the means to move on if it's deemed a law has been breached.
To me it's just good manners to make your intentions known first rather than imposing your will unto others. I'm sure I'll get bashed for this though, but you asked so it's now my right to give my opinion.
The scenario I painted was only an example. When we free camp, we may or may not be on public property. How many of us open a bottle after we set up and relax ? What is our legal position if the Police did cruise by and stop to talk ? And see you sitting there with a glass of wine in a free camp owned by local Council, a public place.
brickies said
02:21 PM Sep 16, 2012
Police will not ask you to move on at a free camp it is council officers/ who do that , The only time you would have contact with Police if there is an incident and they are called .
Magnarc said
03:42 PM Sep 16, 2012
What Cop in his right mind is going to ask a 300 pound Gorilla to move on?????
Phil B
jules47 said
03:46 PM Sep 16, 2012
brickies wrote:
Police will not ask you to move on at a free camp it is council officers/ who do that , The only time you would have contact with Police if there is an incident and they are called .
That was my opinion as well brickies - a ranger told us just that. The only time police are called is if someone absolutely refuses to leave, or becomes aggressive.
Rip and Rosie said
04:21 PM Sep 16, 2012
What's the difference between "camping" and "resting"?
Dougwe said
04:29 PM Sep 16, 2012
Magnarc wrote:
What Cop in his right mind is going to ask a 300 pound Gorilla to move on?????
Phil B
Good point Magnarc
Big Gorilla said
07:43 PM Sep 16, 2012
Magnarc wrote:
What Cop in his right mind is going to ask a 300 pound Gorilla to move on?????
re camping v resting. I understand that if you are caught sleeping in a tent/van etc you are camping. If you are sitting beide them you are resting - picked that up from protesters in Perth - police only ever caught them sitting beside their tents so in fact were not camping and so could not be charged - very tricky I thought
I seemed to have opened a can of worms with UHF Radio post, so let me open another. Once again, I'm sure this has been discussed before, but I can't find reference to it, being relatively new to the Forum. Example.
You have pulled into a free camp run by the local council. You have set up and settled into a nice cold glass of grape, in fact you are on your second, when the friendly local policeman comes along and tells you the Council has decided to close this free camp and you'll have to move on. You tell the nice policeman that you have had a drink and maybe over the .05 limit to drive. The policeman tells you it's against the law to drink alcohol in a public place, and for doing that you may be charged. What do you do ?
And just to digress, Victoria is looking at reducing the alcohol limit for being in charge of a motor vehicle from .05 to .02 saying this measure will reduce road and drink related deaths by 28 persons per year !!!
I actually have a breath tester and you have reminded me to make sure it goes in the car as my passenger.
I am interested to see what others have to say.
In your scenario re sleeping in car make sure keys are not in the ignition. You can becharged with DUI even if the car isn't moving.
To me it's just good manners to make your intentions known first rather than imposing your will unto others. I'm sure I'll get bashed for this though, but you asked so it's now my right to give my opinion.
My understanding is you cannot be in charge of a vehicle on a public road and over the limit. Could be wrong though.
What Cop in his right mind is going to ask a 300 pound Gorilla to move on?????
Phil B
That was my opinion as well brickies - a ranger told us just that. The only time police are called is if someone absolutely refuses to leave, or becomes aggressive.
Good point Magnarc
