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Whether you’re locked out of your home or simply need to take a break during a long drive, there are many reasons why you might take a nap in your vehicle. But is it illegal to sleep in your car?
Our guide to sleeping in your car takes a look at when and where you can have a backseat kip, what the rules are for driving with a sleeping disorder and whether the disorder affects your car insurance.
Most of the time it’s legal to sleep in your car. In fact, Rule 91 of the Highway Code implicitly recommends it when you’re feeling tired:
“If you feel sleepy, stop in a safe place. Do not stop in an emergency area or on a hard shoulder of a motorway.”
As you can see, however, Rule 91 also states that you can’t stop just anywhere. To make sure you’re on the right side of the law when sleeping in your car, you should be:
Although it might not be your first choice, there are more than a few reasons why you might end up sleeping in your car:
To make sure you’re sleeping in your car legally, it’s best to stop in any of the following locations:
However, you can also park up and sleep at the following locations, assuming you obey the local laws:
The same rules apply to a caravan or a trailer towed by a car as they do to the car itself. That means you can sleep in your caravan if you abide by the area’s parking regulations or obtain permission from the private landowner.
After drinking, you’re allowed to sleep in your caravan or motorhome if you’re parked on a private campsite. However, if you’ve stopped for a nap at a lay-by or service station en route, you could fall foul of the law if you’ve been drinking.
It’s best to avoid sleeping in your car when drunk, as you can still be charged with drink-driving despite your vehicle being stationary.
According to Section 5(1)(b) of the Road Traffic Act 1988, you’re guilty of a driving offence if you’re “in charge of a motor vehicle on a road or other public place” after consuming enough alcohol to exceed the prescribed limit.
That means if you’re sleeping in your car in a public place after drinking enough that you would fail a breath test, you could face:
One consequence of such an offence is that you’ll find it harder, and more costly, to get car insurance. If you’re convicted, you may need to seek out specialist drink-driving insurance.
Some drivers may need to sleep in their cars more than others do. If you have a sleep disorder or a medical condition that causes tiredness, you’ll likely need to inform the Driver and Vehicle Licensing Agency (DVLA) and update your driving licence. You’ll also need to let your car insurance provider know.
You have to tell the DVLA if you have the following:
If you don’t inform the DVLA of these conditions, you could be fined up to £1,000. Not disclosing this information may also result in prosecution if you’re involved in an accident and may invalidate your car insurance.
If you do need to sleep in your car, following these tips will hopefully allow you to safely and legally catch some Zs:
As long as you’re legally parked and haven’t drunk enough alcohol to fail a breath test, you can sleep in the front seat of your car. However, it might not be the most comfortable spot to doze in.
The backseat or a fully reclined passenger seat is likely a better option than nodding off with your feet jammed in next to the brake pedal.
Passers-by are also more likely to spot you sleeping upright in the front seat than they are when you’re fully reclined. This may mean your sleep gets interrupted by people knocking on your window to see if you’re okay.
If you fall asleep at the wheel, you could face a number of careless or dangerous driving charges. For example, if you caused death by dangerous driving, you could face:
The DVLA estimates that up to 20 per cent of accidents on motorways and other monotonous road types may be caused by drivers falling asleep behind the wheel.
There are a few steps you can take to avoid driving while tired: