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Sleeping in a car is not expressly forbidden by federal or state law. However, every municipality and jurisdiction has its own local laws that precede state and federal legislation. Naturally, a person cannot park their vehicle on private property or in a location where it is against federal law to do so. On the other side, some cities have laws that make sleeping in a car illegal and will issue a ticket for loitering.
A person parking and sleeping in residential neighborhoods is never a good idea, but there are places to do it like state rest areas, welcome centers, parks, and service plazas, each of which has its own rules. Car insurance can protect a person's parked car from harm from other vehicles or vandals if they live in their car. Here are some frequently asked questions regarding car sleeping and information on where and when someone can sleep in their car.
Why Is It Illegal in Some States to Sleep in Your Car?
If a person has to sleep on someone else's private property without their consent, it is against the law, no matter where they reside because it constitutes trespassing. It's also true that, because of regulations against drinking and driving, it's illegal for a person to be intoxicated while driving while sleeping. This is true no matter where they live.
There are restrictions on how long a driver can park in some states, even in public places like rest stops. This is done to prevent car camping, turning a rest area into a temporary residence, and for the safety of weary road users in general. Sleeping is not the issue; excessive overnight parking is.
In What States Is it Illegal to Sleep in Your Car?
Sleeping in a car is legal under both state and federal law. Every jurisdiction, however, has its own rules, limitations, and exceptions. Of course, a driver can always take a little nap in a parking lot of a grocery store, but even then, police can be suspicious of them, especially if they are sleeping in the parking lot of a store at night in a vehicle with out-of-state license plates.
The best course of action if a person wants to sleep in their car in a specific municipality is to visit that municipality's official website to find out the specific parking laws regarding when, where, and how long drivers are allowed to sleep in their cars, as well as the municipality's general parking overnight regulations. Of course, they could always ask a police officer in the area where it would be acceptable to snooze while driving.
Do Your Research on Car Camping
A driver knowing the laws in their own state is great, but they shouldn't assume they apply elsewhere. If they're planning to travel across the country by car, they should try to fully understand the federal law in each state they'll be passing through.
While it's not always permitted, rest areas can sometimes be a safe place to spend the night. Before a driver enters the state, they should be completely aware of the rules.
Times People Commonly Sleep in Their Cars
Drivers who choose to sleep in their vehicles do so for a variety of reasons. As an example, some drivers might take a little nap before or after work, whilst other drivers would need some sleep therapy while traveling for either work or pleasure. Still others, including those who are temporarily homeless or, say, truckers whose RV serves as their primary residence, may not only be sleeping but also living in their vehicle.
The Police May Stop You
Drivers should have their driver's license, registration, and proof of insurance on hand in case a police officer knocks on their car window while they are sleeping inside. Such drivers can be given a ticket or citation for parking illegally, or they might just be told to move on.
Of course, if they don't have your license, registration, and proof of insurance, the situation may be much more serious — and expensive. If they do get a ticket, it won't raise the cost of their car insurance because the violation is a parking one rather than a moving one. Here are some general suggestions of parking spots and highway rest areas.
Drivers should always follow the directions of traffic and parking signs.
Highway shoulders are usually only used in an emergency and not for parking.
Without permission from the owner, drivers should not park on private property.
Drivers should avoid driving on residential streets where residents might report a stranger who is sleeping in their car to the authorities.
They must steer clear of busy city streets.
Drivers should ensure that they are safe in their surroundings before sleeping in a car. As an example, drivers should not park overnight and sleep in areas that are dark or hidden from view.
When Is it Forbidden to Sleep in a Car?
If drivers are sleeping in a city where it's against the parking laws to do so, it's against the law. On the other hand, if extended parking is not permitted, they must abide by the parking signs posted in rest areas, in parking lots, and on major streets.
Cities may have different rules about parking overnight and sleeping in a car because the penalties vary based on where they are. As an example, overnight parking on major metropolitan streets could cause congestion in the flow of traffic.
However, regardless of local or state legislation, it is generally forbidden for drivers to sleep in a car while intoxicated. DUI rules in several places forbid driving while intoxicated, even if the car is off and parked.
Any drunk person who is in the driver's seat has the keys in the ignition, or is otherwise in a position to operate the vehicle may fall under this category. This implies that even if drivers are merely sleeping in their car and have no plans to drive, they could still be charged with a DUI.
Understand the Local Laws and Jargon
A police officer who keeps an eye out for potential parking violations on the streets, ramps, and parking lots is known as a "parking enforcement" officer. They inspect parking meters and write tickets for automobiles that are parked poorly or illegally. Additionally, they write tickets, run license plates, and tow cars.
Overall, a "city parking ordinance" is a term used to describe the parking violation policies, penalties, and guidelines in a certain area. Drivers should not assume that because parking is legal in their town, it will also be legal in all the other towns that they're visiting. Each city has its own parking rules.
Sleeping in Walmart Parking Lots
In the United States, there are about 5,000 Walmart stores and supercenters, which equates to almost 5,000 spacious, well-lit, busy parking lots. The tired traveler can find food, restrooms, and occasionally free WiFi at Walmarts.
While it is generally acceptable for RVs and other vehicles to park overnight at Walmart parking lots, certain locations forbid it and may place a sign that reads "No overnight parking." The store manager will ultimately decide if a driver is permitted to park there.
Drivers should use the Walmart store locator or the "Walmart Overnight Parking" Allstays app to find a Walmart where they can sleep in their car. The Allstays app is continually updated with fresh data and reviews, unlike Walmart's store locator. It is wise for a driver to call ahead and get permission whenever possible.
Where Can You Sleep in Your Car Legally?
In rest zones, it is acceptable to sleep in a car, but drivers should be mindful of time restrictions. Walmarts are popular for road trippers, however, it is down to managers’ discretion (as mentioned above). On public land managed by the Bureau of Land Management (BLM), sleeping in a car is allowed. Hotels and casinos that are open 24/7 and have parking lots might let drivers take a snooze in their car with permission! Drivers can also sleep in a friend's private drive or yard, with their permission.
State-mandated time limits for rest areas range from two to 24 hours. However, it is extremely unlikely that a driver will get cleared off if they are trying to catch up on sleep to reduce fatigue. The limits are meant to discourage lingering and extended stays; safe driving (and so stopping on a lengthy drive) is encouraged.
Drivers should ensure to take precautions when it comes to safety in rest places. Some travelers by car claim that some isolated locations don't feel safe. A driver can decide which place to stay at by using the star ratings and user reviews displayed by All Stays (Pro).
There are 245 million acres of public BLM land in the US. Drivers can simply look for locations to stay on the BLM website, and often, up to 14 days are permitted. Staying on such property is scenic, affordable (sometimes free), and permitted.
Considerations for Car Insurance with Vehicle Habitation Laws
Drivers still require the bare minimum of car insurance mandated by their state, even if they are only temporarily living in overnight parking areas.
While each state has its own standards for car insurance and car camping, the bulk of them at least demand liability coverage. When a policyholder causes an accident, liability insurance defends them against claims for property damage and bodily harm.
Other states require liability insurance in addition to uninsured/underinsured motorist coverage, personal injury protection (PIP), and medical payments coverage, both of which cover the costs of the policyholder's medical expenses and those of their passengers when the at-fault driver has insufficient or no auto insurance.
A driver's insurance may be able to help them if someone crashes into their parked car, depending on whether it was a hit-and-run incident and whether the driver sustained physical harm or property damage.
Coverage for Your Belongings
Drivers should remember that their possessions inside the car are not often covered by ordinary car insurance policies. In these circumstances, a few companies might provide a personal effects add-on.
However, if drivers have that coverage, their homeowners' or renters' insurance may also cover stolen property. If not, drivers might decide to get a different personal property insurance coverage.
Protecting Your Pets
Pet insurance is provided by certain motor insurance companies as a part of collision insurance, while other companies offer it as an endorsement or additional insurance on collision insurance. Pet-specific insurance is offered as an add-on insurance product by other companies.
Any vet bills or other related costs will be covered by the at-fault driver's insurance provider if the other driver's pet sustains injuries as a result of their negligence. Their pet's medical expenses will be covered by the at-fault driver's property-damage liability insurance since insurance companies view pets as personal property.
What If Your Vehicle Gets Towed?
According to the U.S. Public Interest Research Group, the towing firm is required to inform the owner or driver in 37 states when their vehicle has been towed and where it is being parked (PIRG).
Furthermore, drivers can locate their car if they reside in one of the other 13 states by dialing 311. The driver's name, the make, model, and year of their car, as well as their insurance ID number or even their license number, will be requested by the operator.
Drivers can also go to the website for their city's towed car locator, which will ask for their VIN and/or license plate number. Drivers should ask the local business that towed their vehicle for the name of the towing company they used.
According to PIRG, the towing storage facility is required to let drivers access all of their personal items in 20 states. State rules differ, but drivers will probably need to pay a fee to get their car back. They may receive a ticket and be required to pay a fee if they parked in an unauthorized area.
Additionally, drivers whose automobiles have been towed are best protected in Illinois, Missouri, Maryland, and New Mexico, while they are least protected in Indiana, Iowa, New Hampshire, Mississippi, South Dakota, and Vermont.
It Matters Where You Park Overnight
If a driver decides to spend the night in their trusty car, they should be careful where they park it. They should avoid alleys, deserted or poorly lighted areas of town, and regions with greater crime rates than others. Drivers can look up local crime statistics online or contact the police department to find a secure parking spot.
Don’t Leave the Engine Running
If carbon monoxide levels start to climb while the driver is sleeping, leaving the engine running can be dangerous. This is extremely harmful if the car is parked in a garage or another enclosed space due to the following:
If the exhaust pipe gets blocked.
If they open their SUV or truck’s tailgate without opening the car’s vents or windows.
If a car malfunctions and blocks airflow.
Have a Restful Night's Sleep in Your Car
Essentially, drivers should take into account the potential health risks of sleeping in their car, such as aggravating existing back or neck conditions. In addition, many devoted vehicle campers claim they don't sleep as soundly as they do in beds. A person's health can suffer as a result of these issues in the long run.
Collision with a Car in Overnight Parking
As long as the motorist has the necessary coverage, a driver's car insurance should cover them from these collisions.
If a driver collides with a parked car: the driver would need collision insurance to fix their car and property damage liability to pay for the damage to the other car.
In case someone collides with the stationary driver: In the event of a collision, the other party's property damage responsibility should cover the damage to the stationary car, while the other party's bodily injury liability should cover any injuries the driver sustains.
Don't Sleep on Your Car Insurance
In designated overnight parking areas, drivers are permitted to sleep in their cars, but certain authorities may forbid it entirely.
As an example, drivers could be able to sleep during the day but not at night. While some drivers like to take a quick snooze in the parking lot of a Walmart, Home Depot, grocery store, or hospital, others seek out state or federal parks and forests, as well as private property.
Drivers should always obey parking and state laws, consulting the websites of the state DMV and the local municipality. They should be ready with their license, registration, and proof of insurance in case a police officer knocks on their window. When a driver parks in a public space, the last thing they want is for a police officer to come by and ask them for proof of insurance.
Bottom Line
If a driver decides to spend the night in overnight parking, they must make sure that they follow all applicable laws and choose safe places. Although their car insurance should provide the same protection no matter where they live, drivers might need supplemental coverage to protect them against vehicle damage if they want to park overnight. They should consider multiple coverages and car insurance options to find what suits them best. Drivers should contact a St Louis MO car accident law firm if they have any questions regarding the law in Missouri, including why are car meets illegal.