VIC Council - Legal to Sleep in Your Car?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

SimonP

Active Member
31 January 2020
8
0
31
Recently, while driving I was overcome by a wave of fatigue, such that I felt unsafe to drive further. I pulled over into a vacant factory car park and had a solid nap.

I was wondering whether this is legal? I often see road signs stating "Microsleeps can kill" and "Powernap now". Obviously the authorities are encouraging people not to drive when fatigued.

I understand that some councils are banning sleeping in vehicles, but surely road safety takes priority.

If I was issued with a council fine, would a State law override this?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
I pulled over into a vacant factory carpark and had a solid nap

I was wondering whether this is legal?

No. This is trespass to private property.

Council owned land will have local by laws.

Highway reserves - at a designated pull in spot - you will be OK.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
I agree with Rod, on private land, it's a trespass

Did you get an infringement?
What for?
 

SimonP

Active Member
31 January 2020
8
0
31
No, I didn't get disturbed, so no infringement.

What about a designated parking space?

Would state law over-ride a council's by-laws?

If I feel too fatigued to continue driving, surely I have a responsibility to stop as soon as practicable.

I wasn't on a highway, just a regular street, with no designated pull-over area nearby.