Is Sleeping In The Car Legal?
Although our car is a property, there are a wide variety of rules that apply to the stay and use of it. If we think about it, there are many things that can result in a fine when we drive. But… Among all the things we can’t do is sleep in the car?
This question makes sense as traffic regulations cover many realities of driving and parking. And outside the responsibilities of the driver there are other laws that come into consideration. The result: spaces for misinterpretation and legal vacuum, somewhat common issues in Spain.
Legally … Can we sleep in the car?
Sleeping in the car does not contravene any article of the Traffic Law. Parking is legal as long as it is done in an authorized place, or where there are at least no restrictions. And of course, what is inside the car does not affect anything, be it an object or ourselves.
If we think logically, one of the most repeated recommendations to avoid road accidents is the driver’s rest. The General Directorate of Traffic (DGT) advises drivers to stop to sleep on long trips and night trips. And of course there is no problem in doing so if we conveniently get off the track.
Now, it is not enough to say that we can sleep in the car. In fact, this normative dilemma is more complex and requires more serious analysis; the problem is not the nap inside the car, but the how and where we do it.
The difference between parking and camping
In this sense, parking our car and dozing in it is not illegal, but camping with it is. That is why we must know the difference between leaving the car parked, or camped. The legal writings explain very well the difference between the two actions.
Parking implies parking the vehicle occupying its perimeter, with the windows and trunk closed. In this case, we will not be able to place other elements around the car and it must rest on its wheels. In addition, parking implies the absence of noise and spillage of liquids.
Rather, the action of camping involves keeping doors and trunks open. The existence of music, noise from machinery, pots of liquids or the raising of a bonfire are typical of this action. Of course, sleeping in these conditions could generate a penalty.
What are the penalties for camping?
It all depends on what we do. For example, opening the trunk to cook could face us a fine of up to € 5,000 ; This will happen if we set fire in protected spaces and other prohibited areas.
Penalties can also be generated when camping in places regulated by the Coastal Law. This information is especially important for people who travel long distances and need to rest. In any case, the problem is not sleeping but the ways in which we make the stop.
Another aspect to take into account is the legislation of each Autonomous Community. Although there is general regulation of the DGT, each Community regulates specific aspects of the matter, such as the care of protected areas, camping areas, etc.
It is necessary to plan our trips based on the area to which we go. When camping, there may be differences in sanctions, protected spaces and regulations.
What does the DGT say about sleeping in the car?
The DGT has made its position very clear and the regulatory parameters to be followed in these cases. For this institution, the essential thing is that the car is parked correctly by its driver. Respecting the signs and marks that delimit the parking areas is vital for this.
For all this, and as the DGT has made clear, the fact that its occupants are inside is not relevant. The time limit that we remain parked does not matter either; We can even include sleeping bags to achieve greater comfort inside the vehicle.
Perhaps the only caveat is in some specific national parks. That is why we must read the regulations and, if we see a prohibition, the correct thing to do is to park the car in a nearby but different place.
Even if we have any questions, we can ask the closest Civil Guard officers. They are obliged to clarify priority regulatory aspects and may also recommend a place to park. Preventive breaks avoid the risks of accidents.
