In New Hampshire, sleeping in your car is generally legal, especially at highway rest areas. The state encourages drowsy drivers to take a break and sleep at these locations to improve road safety.
However, there are some important considerations and local ordinances that drivers should be aware of to avoid potential legal issues. Here’s a guide to the rules and regulations surrounding car sleeping in New Hampshire.
Sleeping in Your Car at Rest Areas
New Hampshire does not have any statewide laws prohibiting sleeping in your car at rest areas. In fact, the state promotes the use of rest areas for drowsy drivers to take a break and rest. There are typically no time limits for how long you may stay at these locations unless otherwise posted.
As long as you are parked safely and not violating any specific rules, sleeping in your car at these locations is not considered illegal.
Camping vs. Sleeping in Your Car
While sleeping in your car is allowed, “camping” is a different matter. Camping, such as pitching a tent or sleeping outside of your vehicle, is not permitted at rest areas or on public property without explicit permission.
However, the state’s camping laws don’t apply to sleeping inside your vehicle, so long as you stay in your car and follow all posted rules.
Overnight Parking in City Streets
Local ordinances govern overnight parking on city streets. Cities like Nashua prohibit overnight parking on public streets between midnight and 6 a.m., unless there is an official on-street parking program allowing it.
On the other hand, cities like Concord allow overnight parking on city streets outside of winter parking bans. It’s essential to check local ordinances and posted signs before parking overnight to avoid fines or towing.
Sleeping on Private Property
If you plan to sleep in your car on private property, such as a store parking lot, you must have permission from the property owner. Sleeping in your car without permission could be considered trespassing. Always look for signage indicating whether overnight parking is allowed, or ask the property owner for permission if you are unsure.
Intoxicated Driving Laws
Even if you are simply sleeping in your car and have no intention of driving, New Hampshire’s laws regarding intoxication are strict. If you are found intoxicated in your vehicle—whether or not the engine is running—you can still be charged with a DUI (driving under the influence) or a similar offense.
It’s important to note that being in a vehicle while under the influence is treated similarly to driving, and you could face legal consequences even if you’re not actively driving.
Local Enforcement of Car Sleeping Laws
A recent ruling by the New Hampshire Supreme Court clarified that cities and towns are allowed to enforce local laws prohibiting sleeping or camping in public spaces.
This means that some cities may have stricter rules regarding car sleeping and camping, so it’s crucial to check local ordinances to avoid any surprises.
Sleeping in your car in New Hampshire is generally legal, especially at rest areas, as long as you follow posted rules and comply with local ordinances. However, keep in mind that certain areas may prohibit overnight parking, especially on public streets or private property without permission.
It’s also important to remember that being intoxicated in your vehicle could still lead to DUI charges. Always check for any specific rules at the location where you intend to sleep to ensure you stay within the legal boundaries.
[1] https://wokq.com/is-it-illegal-to-sleep-in-your-car-in-new-hampshire/
[2] https://www.boondockersbible.com/learn/new-hampshire-rest-area-rules/
[3] https://www.newhampshireinjurylawfirm.com/driver-impairment-sleep-deprivation.html
[4] https://www.nashuanh.gov/1189/Overnight-Parking
