VIC Council - Legal to Sleep in Your Car?

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SimonP

Active Member
31 January 2020
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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
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27 May 2014
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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
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28 April 2014
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I agree with Rod, on private land, it's a trespass

Did you get an infringement?
What for?
 

SimonP

Active Member
31 January 2020
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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.