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Is it legal to sleep in your car?

Snoozin’ after cruisin’.

By John Pedler
Published: Sunday, July 28, 2024

From catching some shut-eye after a big night, to sleeping roadside during a trip, what are the laws around napping in your car?

Sleeping in your car might seem harmless, but there are some rules and regulations that could interrupt your kip.

Suburbs and towns

Many local councils view sleeping in your car overnight similarly to camping, which is not permitted in most parks, car parks, roadside or other public spaces.

Some councils prohibit stopping in certain zones overnight. Holdfast Bay Council, for example, has a ‘No standing between 11pm to 6am’ rule for street parking at the southern end of North Esplanade, Glenelg North.

Grant District Council on the Limestone Coast identifies areas available for free or cheap overnight stays.

Drink snoozing

If you think you’re over the alcohol limit after a few drinks and choose to sleep it off in your car, you might be breaking more than just council regulations.

If you head for the driver’s seat with keys in hand, you could be in trouble under drink-driving laws. If the police suspect you’ve attempted to drive, you’ll likely end up with a hefty fine, demerit points and licence suspension.

sleeping in car
Sleeping in your car after a big night could land you in trouble. Image: Getty

Also, keep in mind the security risk if the doors are unlocked or the windows are down.

Rest areas

There’s no South Australian state law prohibiting overnight stops in highway rest areas, however the Department for Infrastructure and Transport (DIT) prefer travellers to limit their stay to 24 hours.

When you do need a rest, it’s much safer to pull into a rest area than park on the roadside.

It’s important to consider the welfare of truck drivers, who often use rest areas for their mandatory breaks. If these spaces are crowded with campers, it can make it difficult for them to find room to manoeuvre, or they may be blocked in when trying to leave.

 

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