Motorhomes and the law 2 - overnight stays off-site

The situation regarding staying overnight anywhere other than a camp site is a bit vague and there are many opinions. The information here is based on the majority view of a number of sources but shouldn’t be considered as a defence in law if you get into trouble.

One of the more obvious areas you may end up staying is a lay-by. As far as I can ascertain, there is no national law that either permits or prohibits overnight parking in lay-bys, but there may be local bye-laws preventing it.

Whether you get moved on or not may also come down to whether a passing police car spots you, if there is a reason you shouldn’t be there and generally what the local police attitude is to motorhomers. The chances are if you’re there for just one night, not obstructing the road or creating some other kind of nuisance, you’ll probably be fine. And the worst that is likely to happen is that you have to move on before you wanted to.

This  type of lay-by will usually be OK

To that end, there are two types of lay-bys. There are those that are set back from the road with their own entrance and exit, quite often a sandwich or burger van and maybe even a toilet. These are widely used by truckers and will generally be OK for motorhomes as well. However, it’s worth noting that truckers are required by law to restrict their driving hours so they are expected to stop and have a sleep. The local bye-laws may not be the same for motorhomes.

Probably not suitable

The second type of lay-by is just off the road, only separated from it by a dotted line. These are really just designed for short stopovers so are less suitable for overnight stays.

Also, any lay-bys near busy roads are likely to quite noisy at night so they may not be the most comfortable places to stop.

Other places

There are also other options for overnights, such as industrial estates and lorry parks where lorry drivers may also ‘hole up’ for the night (though perhaps not the pleasantest scenery).

Be wary of doing this on privately owned land though, as this could constitute trespass.

It’s also wise to avoid staying somewhere where there is a sign specifically forbidding overnight stays. However, I have read that it is against the law to forbid overnight stays in any public space in Scotland – though don’t hold me to that!

Security

Any ‘unofficial’ site is likely to have security issues – lacking the locked gates of an official campsite. So this is also to be borne in mind – as is the possibility of finding yourselves in the middle of the local dogging site!

If you've got a bat, get a ball

If security is a concern you may be tempted to keep something handy that could be used as a weapon. The important thing is ‘could be used’, if you are caught with something that is obviously a weapon you’re in trouble. However, if you have a walking stick that you take with you on your strolls, that’s quite different.

Another snippet of information I picked up is that you have something like a baseball or cricket bat, you also need to have the appropriate type of ball with it. On its own it may be considered a weapon but with a ball it’s obviously for recreational purposes. Again, don’t hold me to that.

From everything I’ve read, a sensible approach to the occasional overnight stay isn’t going to be a problem. Avoid disturbing or inconveniencing other people and the likelihood is they’ll leave you alone as well.