• Home
  • About
  • Campsites
  • Knowledge Base
  • Blog
  • Ask a Question
  • Home
  • About
  • Campsites
  • Knowledge Base
  • Blog
  • Ask a Question
home/Knowledge Base/Overnight Parking/Can You Sleep On the Side of the Road in California?
Popular Search:Solar Panels, Battery Banks, Joshua Tree

Can You Sleep On the Side of the Road in California?

3164 views 2 September 30, 2021 Updated on December 8, 2021

This article is specific to roads, highways, and Interstates in the unincorporated areas of California (not inside city limits), presuming outside of civilized areas, such as in the desert, mountains, forests, coastlines, etc. Can you sleep on the side of the road in California? The answer is not really that clear.

sleep on the side of the road in california
Camping along the side of a highway in Northern California

Can You Sleep On the Side of the Road in California?

The short, the practical answer to this is “no”, you cannot sleep on the side of the road in California. There actually is a law (see below) that makes this illegal on “freeways”. This law spells out several exceptions, however sleeping is not one of them.

There is also the long standing argument that the shoulder of any highway is for emergency use only. Thus if you’re using the shoulder to get some sleep, and a law enforcement officer sees you, he or she will assume you are there for an emergency and will check on you.

It’s Illegal to do so on a Freeway

The State of California addresses this issue within its Vehicle Code, specifically Division 11, Chapter 9, Article 2, [21718] . You can read the full text here.

This law only applies to freeways, however. But, the State’s definition of a freeway can go on to include many highways that people might not otherwise expect. The State defines a freeway as any highway where the property owners on either side of the highway, don’t have their own driveway (or easement) on to that highway. (see official definition here).

Thus, if you are driving along a highway and the residences or businesses along that highway do not have any kind of entrances or exits leading directly to/from their respective properties, then you are on a “freeway”.

But What if You’re Not on a Freeway?

If you are driving along a road or highway that is not considered to be a freeway, then technically it’s legal to park along the side and get some sleep. However, keep in mind the following…

  • Your vehicle must be completely clear from on-coming traffic. Even if you believe that your vehicle is completely on the shoulder, you could still be held liable for damages if another vehicle crashes into you, depending on circumstances.
  • Make sure when pulling on to the side of the road, that you don’t pull into someone else’s private property.
  • In California, the shoulder of a highway is considered to be for emergency use only. Thus, if a law enforcement officer sees you parked on the shoulder, they will assume you are in some kind of emergency and will likely check on you.

You Can Be Held Liable If You Cause an Accident

If your vehicle is parked on the side of a road, highway, or interstate, and another vehicle slams into yours, you could be at fault. This is primarily because in California, the shoulder of a highway is intended for emergency use only. Thus if you were not parked for an emergency, and another vehicle crashes into yours, you could be held liable for damages.

There have already been many court cases on this very issue. In almost all of them, the person sleeping in a vehicle on the side of the road was found liable for damages. Attorney David Azizi actually cites one of these cases in a video found here.

The Bottom Line

You cannot sleep on the side of a road in California, at least not on freeways. On other highways, you are advised to find a wide shoulder, wide enough to allow for several car-widths of clearance to ensure another driver does not hit you. Even if you do find such a place, a law enforcement may still decide to check on you assuming you are parked for an emergency.

Your best bet is to seek out a California Rest Area instead.

Tags:California

Was this helpful?

2 Yes  No
Related Articles
  • Is it Legal to Camp Overnight at an Abandoned Building?
  • Can You Cook Food Outdoors at a Rest Area?
  • Are RVs Required to Use Truck Parking at Rest Areas?
  • Where to Park Overnight with a Rooftop Tent?
  • Is Overnight Parking Allowed at a Shopping Mall?
  • Can You Park Overnight at a Hospital?
Leave A Comment Cancel reply

Overnight Parking
  • Can You Sleep On the Side of the Road in California?
  • Can You Sleep Overnight at Camping World?
  • Can You Park at Costco Overnight?
  • Is Stealth Camping Illegal?
  • Can You Park an RV Overnight at Home Depot?
  • Can You Sleep In Your Car at Walmart?
View All 88  
Popular Articles
  • Is it Illegal to Live in a Tent in Your Backyard?
  • What Do the Different Colors Mean on Google Maps?
  • Can I Run My RV Air Conditioner on Battery Power?
  • How Many Solar Panels Do I Need for Boondocking?
  • Camping on Arizona State Trust Lands
KB Categories
  • Boondocking Water and Sewage
  • Overnight Parking
  • Getting Started With Boondocking
  • Boondocking Electrical
  • Costs
  • Boondocking Tips
  • How to Find Boondocking Sites
  • Army Corps of Engineers
  • Outfitting Your RV
  • Idaho Department of Transportation
  • Boondocking Safety
  • Boondocking Myths
  • Where to Find Boondocking
  • Boondocking in National Forests
  • Boondocking in National Parks
  • Boondocking Etiquette
  • Boondocking Rules
  • Boondocking on BLM Land
  • Boondocking on National Wildlife Refuges
  • Boondocking on Bureau of Reclamation Lands
  • Boondocking and Off-Road Vehicles

boondocking trailers

  Is Overnight Parking Allowed in National Forests?

Can You Run a Generator at a Rest Area?  

boondockers bible logo

We answer your questions about Boondocking, Free Camping, and Overnight Parking using facts and actual experiences. Dispell the myths of boondocking and arm yourself with the laws and truths. Elevate your RVing and car-camping and become a boondocker!

Useful Help Links
  • Weekly Boondocking Series
  • About Us
  • Ask a Question
  • Privacy Policy
  • Terms of Use
  • © 2019-2022 Too Much Tina. All Rights Reserved.

Popular Search:Solar Panels, Battery Banks, Joshua Tree