The Legality of Car Sleeping in New York: What You Need to Know

By: Eliot Pierce

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In New York, the legality of sleeping in your automobile is a complicated matter that varies depending on a number of variables, such as location, specifics, and municipal laws. Although sleeping in your car isn’t specifically illegal in the state, there are a few things to keep in mind.

Rest Areas and Service Stations

Non-commercial drivers are allowed to park and take naps in rest areas and service stations along the New York State Thruway, although their stay is only allowed for three hours at night.

Overnight parking is the main target of this ban. In accordance with state and federal laws, commercial drivers are permitted to park for a maximum of 10 hours during lengthier visits.

New York City and Urban Areas

The scenario gets more complicated in urban regions like New York City. Although sleeping in your car is not illegal, there are a number of municipal laws that may affect this activity.

Public street parking is prohibited at night in several NYC neighborhoods, and other locations have alternate side parking or have designated hours when overnight parking is prohibited.

Safety and Legal Considerations

Safety should be the top consideration when thinking about sleeping in your automobile in New York. It might not always be safe, especially in some places, even if it isn’t exactly against the law. For safety reasons, police may check on people who are sleeping in their automobiles.

Intoxication and DUI Risks

The possibility of being charged with DUI for sleeping in your car while intoxicated is one of the most important legal considerations. Even if you are not actively driving, you may still face DUI charges in New York if you are found to have fallen asleep in your car.

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The word “operate,” which might encompass things like starting the engine or inserting the key into the ignition, is used by the legislation instead of “drive.”A possible DUI charge could be influenced by the following factors:


  • Whether you re in the driver s seat

  • If the engine is running

  • If the keys are in the ignition

  • Your possession of the keys

  • The condition of your car (e.g., if it s broken down)

  • Where you re parked

Best Practices

Take into account these suggestions if you ever have to sleep in your automobile in New York:

Conclusion

Although sleeping in your car is not always prohibited in New York, there are a number of limits and possible legal repercussions. Always put safety first, pay attention to local laws, and, if at all possible, look for other solutions.

Take care to make sure you’re abiding by local regulations and reducing any potential legal difficulties if you find yourself in a scenario where you must sleep in your car.

Sources:

  • [1] https://q1057.com/is-it-legal-to-sleep-in-your-vehicle-in-new-york-state/
  • [2] https://www.dwilawyer-ny-nj.com/blog/sleeping-in-your-car-while-drunk-in-new-york-what-you-should-know/
  • [3] https://www.lawinfo.com/resources/criminal-defense/is-it-illegal-to-sleep-in-your-car.html
  • [4] https://943litefm.com/illegal-to-sleep-in-your-car-new-york-state/

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