Parking at the side of the road

Parking at the roadside or in a layby to stay overnight is not against the law, but as part of the highway the police have the right to move you on. There is a further potential problem when parking overnight in such locations if you consume alcohol as it is an offence for a person to be in charge of a vehicle on a road or other public place, which could include a car park.

There is no definition of what “in charge means” and there is no need for the prosecution to prove that there was a prospect of a person likely to drive while unfit. It is for the defendant to prove there was no prospect of driving the vehicle.

At some localities there are local byelaws that prohibit overnight stays in specific roads, which can be enforced by the local authority.

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