Tired driver fined for pulling over for nap at side of road


If you’ve ever thought of sleeping off your drinks in your car after a trip to the pub you should probably reconsider or risk paying a hefty fine.

Sleeping in your car can even be a problem if you’re sober.

Brayden Hardy, 20, said he agreed to be the designated driver during a night out in Queenstown, and was sober when he pulled over to rest before the two-and-a-half-hour journey home.

That decision cost him $200 for “freedom camping”.

Motorists thinking they were making the responsible choice to pull over and sleep in their cars after a night out have woken up to hefty fines. Source: Getty, file
Motorists thinking they were making the responsible choice to pull over and sleep in their cars after a night out have woken up to hefty fines. Source: Getty, file

The young motorist’s mum Rachel Hardy told the New Zealand Herald that police fining drivers for “doing the right thing” sends the wrong message.

“We paid the fine and didn’t even contest it, but it’s just not right,” Rachel Hardy said.

“It wasn’t freedom camping, he was just doing what they tell us to do. We weren’t happy about it but what can you do?”

The incident came just weeks after another Kiwi, Glen Wallace, was booked for freedom camping in Queenstown, when he pulled over for a nap after a night out drinking.

“I’m trying to be responsible here, but I’m being punished for it,” he told the news outlet.

“I’m a ratepayer, I’m obviously not a freedom camper.”

Glen Wallace was booked for ‘freedom camping’ in Queenstown, when he pulled over for a nap after a night out drinking. Source: TVNZ, Seven Sharp
Glen Wallace was booked for ‘freedom camping’ in Queenstown, when he pulled over for a nap after a night out drinking. Source: TVNZ, Seven Sharp

Mr Wallace tried to dispute the fine, hoping “common sense would prevail”, but ended up paying it.

Is it illegal to sleep in your car in Australia?

Sleeping in your is not illegal in Australia unless there are signposted areas permitting street camping, which are particularly common at tourist hotspots.

However, a motorist found to be intoxicated while taking a nap in their vehicle could be fined for drink driving, regardless of their intent to start up the engine.

Laws across the country define either driving or being “in charge” of a motor vehicle while intoxicated as an offence, which has resulted in some drivers being done for drink driving while being drunk in a parked car.

A Queensland man was fined $1400 and disqualified from driving for 10 months in 2015 after he was found sleeping in the driver’s seat of a parked car with a BAC of 0.269.

He was booked because he was “in charge” of the car, with keys close by, despite having no intention to drive, according to the Gladstone Observer.

NRMA warning for Aussie drivers

The NRMA has warned Australian motorists against napping in their cars, as some council by-laws prohibited it in particular areas, and drivers could be fined.

“There is a bit of ambiguity around the rules, but you can get yourself in trouble regardless whether you’ve been drinking or not,” NRMA spokesperson Peter Khoury told Yahoo News Australia.

His advice to motorists thinking about sleeping off a few drinks is: “Just don’t risk it. Leave your car and get a taxi”.

“If you’ve had a really big night, you can’t give yourself four hours and be OK to drive. You need to give yourself significant amount of time to recover.”

Aside from running the risk of still having alcohol in your system when you woke up, Mr Khoury said a car is the last place anyone would want to sleep after a big night of drinking.

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