Is sleeping in your car illegal?
Across Australia it’s common to see people setting up their cars and campervans for the night. But there’s something you should know first.
When driving around popular holiday spots across Australia, it’s pretty common to see people setting up their cars and campervans at local beaches and streets for the night.
And it’s led many to ask: Is it illegal to sleep in your car?
Currently, there are no federal laws that stipulate sleeping in your car is illegal. Because there are no Australian federal laws around the jurisdiction of motor vehicles, state and local governments have the power to determine whether an sleeping in a car would be considered an illegal activity.
As a result, the laws differ from state to state.
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In New South Wales, it is perfectly legal for someone to sleep, or live, in their car.
However, people sleeping in their cars will have to abide by local council laws around where they can and can’t park.
For instance, most streets on or near the beach have parking limits.
It’s a similar case in Victoria, Western Australia, South Australia, and Tasmania.
While there are no laws making it illegal to sleep in your car, there may be heavy restrictions on where you can and can’t park.
Parking rules are often put in place to discourage people from sleeping in their car as they aren’t able to park for long periods of time, and will likely incur a fine if they do.
These restrictions are most commonly found in popular tourist spots such as beaches and parks.
In the Northern Territory, sleeping in your car is regulated under By-Law 103. In the Northern Territory, sleeping in a vehicle is classed as camping, and will incur a fine unless in a designated campsite.
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Queensland, out of all the states in Australia, holds the strictest rules around sleeping in your car.
The City of Brisbane Act 2010 stipulates camping is strictly prohibited unless it is carried out in a campsite. Sleeping in your vehicle is technically classed as camping, so it is only legal to sleep in your car if you’re parked in a designated camping area.
In July this year, Noosa Council cracked down on major hotspots. Recently, more than 30 illegal campers received a fine of $322 each in a weekend enforcement blitz.
Noosa Mayor Frank Wilkie said illegal camping had been an ongoing issue in the area and residents were growing increasingly discontented over the issue.
“Residents were understandably frustrated with our streets, parks and gardens being used as campgrounds and toilets,” he said.
“I deeply appreciate residents’ patience on this issue that had escalated during the months of protected industrial action.”
Last year, a picture posted to Facebook divided a popular coastal town after calling out a driver for “illegally camping” at a popular beach destination.
The man posted a photo to Facebook showing a Mazda Tribute V6 with learner plates taking up two car spaces at Woods Bay in Noosa.
A tent fitted on top of the car used up the two spaces, with the local man calling on the council to “get some teeth”.
Noosa Council issued a statement to Channel 7 saying parking at Noosa Woods is banned between 10pm and 4am in a bid to end illegal camping.
“Parking officers, along with assistance from Queensland Police Service, continue to deal with those who flout the parking and camping laws with patrols conducted several times a day — including early morning and into the evening — and offenders issued with fines,” the council said.
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Originally published as Is sleeping in your car illegal?
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