Motorhome Parking - Overnight Camping on Major Roads

Motorhome Parking/Overnight Camping at the Roadside and/or in a Lay-by.

The question of whether or not there is a right to camp overnight at the roadside and/or in a lay-by is one which is raised from time to time. In an effort to clarify the situation a request for information was sent to the Department for Transport. The upshot is that there appears to be no national legislation which either specifically permits or prohibits roadside camping. Details of the correspondence are lower down this page Here.

There are, however, a number of restrictions which apply to waiting and parking. These are summarised in Rules 238-252 of the Highway Code. The text in the Highway Code contains details of the primary and secondary legislation which give effect to the restrictions. There are particular requirements for parking at night, including requirements for use of lights in some circumstances (Rules 248 - 250).

In addition, some local authorities have passed Traffic Regulation Orders which permit/prohibit overnight camping in vehicles within the area over which they have jurisdiction. The civil offence of trespass may also be committed.

Update October 2016. A thread on the Motorhome Fun forum highlighted a report in the Worthing Herald about motorhomes allegedly being used for long term habitation at Broadwater Green. The article contained the following paragraphs "A spokesman for West Sussex County Council said: “It is unlawful to reside on the highway. When it is reported, we will enforce by notice any specific incidents where it can reasonably be proved."" and "He added that the council had recently served notice on two mobile homes at the location and confirmed that, if they failed to comply, the council would obtain a court order for removal.". Enquiry was made of the council as to which legislation it relied on in such cases. The council replied that it used the Criminal Justice & Public Order Act 1994 Sections 77 & 78. Thus, whilst occasional overnight camping at the road side is not prohibited, if it becomes a problem councils have the power to prevent it just as they have with any other land.

The following information request was sent to the Department for Transport on 1st March 2009:

Could you please supply details of legislation (if any) which gives people the right to sleep overnight in a lay-by or otherwise parked on a road:
a) in a bunk built into the cab of a large commercial vehicle
b) in the beds which are part of a motorhome/camper van
c) in the beds which are part of a caravan.

The DfT acknowledged the request on 2nd March and sent the following reply on 25th March 2009:

Further to my letter dated 2 March 2009 in response to your request for information under the Freedom of Information (FOI) Act 2000, we have established that your request does not constitute a Freedom of Information request. I have, however, provided below a reply to your request.
You requested the following information: "Could you please supply details of legislation (if any) which gives people the right to sleep overnight in a lay-by or otherwise parked on a road:
a) in a bunk built into the cab of a large commercial vehicle
b) in the beds which are part of a motorhome/camper van
c) in the beds which are part of a caravan."
We are not specifically aware of any legislation which gives people the right to sleep in their caravans overnight on lay-bys or roads. The police, local authorities and landowners have powers to take action where any trespassers are camping on land unlawfully.
May I suggest you contact the relevant local authority or the police for any locally made restrictions.

As that response was clearly wrong in terms of FoIA, the following message was sent to the DfT on 26th March 2009:

I thank you for your letter dated 25 March in response to the request I sent on 1st March (details below) but (as a former FoI Officer myself) I am mystified as to why you should state "we have established that your request does not constitute a Freedom of Information request".
First of all, S8 of FoIA says "In this Act any reference to a “request for information” is a reference to such a request which
(a) is in writing,
(b) states the name of the applicant and an address for correspondence, and
(c) describes the information requested."
As far as I can see my request meets those criteria.
Secondly, it is insufficient just to make a claim that my request is not valid. S17 requires that the specific exemption being claimed is specified.
You state "I have, however, provided below a reply to your request" but the reply you gave applies only to caravans when I asked for information regarding large commercial vehicles and motorhomes/camper vans as well.
Will you please either state, in detail, the exemption(s) which mean that my request is invalid or supply me with a complete answer to my request (preferably the latter).

The DfT sent a further response on 30th March 2009:

Thank you for your email dated 26 March 2009 in response to my letter dated 25 March regarding your Freedom of Information request below.
You requested: "....details of legislation (if any) which gives people the right to sleep overnight in a lay-by or otherwise parked on a road:
a) in a bunk built into the cab of a large commercial vehicle
b) in the beds which are part of a motorhome/camper van
c) in the beds which are part of a caravan."
I would like to apologise for my earlier letter and confirm that I am dealing with your request under the Freedom of Information Act 2000. In respect of points a and b above, my letter should have referred to 'vehicles' rather than 'caravans' - this would have addressed all of the above three points.
I am now writing to inform you that the information you requested (as listed above in a, b and c) is not held by this Department. You may wish to consider contacting your local authority who may be able to help you with your request.

In light of the DfT response the following (extended) information request was sent to the Highways Agency on 31st March 2009:

Could you please supply details of national legislation (if any) which:
1) gives people the right to sleep overnight in a lay-by or otherwise parked on a road:
a) in a bunk built into the cab of a large commercial vehicle
b) in the beds which are part of a motorhome/camper van
c) in the beds which are part of a caravan.

2) prohibits people from sleeping overnight in a lay-by or otherwise parked on a road:
a) in a bunk built into the cab of a large commercial vehicle
b) in the beds which are part of a motorhome/camper van
c) in the beds which are part of a caravan.

The HA sent the following reply on 1st April 2009:

I refer to your request under the above legislation for information on the legislation that gives people the right to sleep overnight in a lay-by or that prohibits them doing so. I am writing to advise you that, having reviewed your request for information, we have identified that this could be more appropriately responded to by The Department For Transport. In the circumstances, I have forwarded your request to The Department For Transport.

The DfT sent a final response on 7th April 2009:

I am writing in response to your e-mail to me dated 1st April 2009 concerning your Freedom of Information request and your recent correspondence with the Highways Agency.
In your e-mail to the Highways Agency Inquiry Line dated 31st March 2009 you asked for:
Could you please supply details of national legislation (if any) which:
1) gives people the right to sleep overnight in a lay-by or otherwise parked on a road:
a) in a bunk built into the cab of a large commercial vehicle
b) in the beds which are part of a motorhome/camper van
c) in the beds which are part of a caravan.
2) prohibits people from sleeping overnight in a lay-by or otherwise parked on a road:
a) in a bunk built into the cab of a large commercial vehicle
b) in the beds which are part of a motorhome/camper van
c) in the beds which are part of a caravan.
The Highways Agency Inquiry Line subsequently forwarded your request to our Freedom of Information Team here in the central Department as they believed that it would be more appropriate for us to respond.
To clarify, the Department for Transport was formed in 2002 and is made up of a central Department and seven Executive Agencies, one of which is the Highways Agency. The central Department and the seven Executive Agencies are classed as one public authority under the Freedom of Information Act 2000.
My letter to you dated 30th March 2009 confirmed that the information that you requested in relation to part 1 of your request above is not held by this Department and that includes the Highways Agency. I can also confirm that the Department, which includes the Highways Agency, does not hold any information in relation to part 2 of your request as detailed above.
As suggested in my previous letter, if you haven’t already done so, you may wish to consider contacting your local authority who may be able to help you with your request.

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