If you’re traveling through South Dakota and need to rest for a while, you might be considering sleeping in your car. While it’s generally legal, there are several rules and restrictions you need to be aware of to ensure you’re not breaking any laws or causing problems for yourself.
Here’s what you need to know about sleeping in your car in South Dakota, including where it’s allowed and the time limits for stopping.
General Law on Sleeping in Your Car
In South Dakota, there isn’t a state law that explicitly bans sleeping in your vehicle. According to state law, “no person temporarily resting in any vehicle is in violation” of highway provisions.
This means that if you’re just resting for a while, you’re not breaking the law. However, it’s important to note that there are some areas with specific rules about where and when you can sleep in your car.
Rest Stop Rules
South Dakota has designated rest areas for drivers to take breaks, and these are great places to stop and rest. You are allowed to park and sleep at these rest stops, but there’s a time limit. For regular vehicles, you can rest for up to 3 hours at these stops.
Commercial vehicles, such as trucks, are allowed to stay for up to 10 hours. Sleeping beyond these limits is not allowed, and if you do, you might face a petty offense and a fine. Keep in mind that camping at rest stops (setting up tents, grills, or sleeping outside your car) is also prohibited.
Local Ordinances and Rules
Although it’s generally legal to sleep in your car statewide, local ordinances can vary. Some cities or towns in South Dakota may have their own rules that restrict sleeping in vehicles, especially in residential areas or on specific streets. Always make sure to check for any posted signs or local regulations before deciding to park and sleep in your car in unfamiliar areas.
Private Property
If you’re on private property, you can sleep in your car, but only with the property owner’s permission. Whether you’re in a parking lot, a friend’s house, or some other private space, it’s essential to have consent from the owner to avoid legal issues.
Intoxication Laws
Like most states, South Dakota has strict rules regarding alcohol and drug use in vehicles. It’s illegal to be intoxicated in your car, even if you’re not driving. If you’re found sleeping in your vehicle while intoxicated, you could be arrested, so it’s best to stay sober if you plan to rest in your car.
Safety Tips
For your own safety and to avoid any legal trouble, it’s best to park in well-lit, designated areas. Avoid blocking traffic, driveways, or other people’s property. Also, make sure you don’t stay longer than the time limit posted at rest stops or other designated areas.
Table: Sleeping in Your Car—South Dakota
| Location | Legal to Sleep? | Time Limit | Notes |
|---|---|---|---|
| Statewide (general) | Yes | N/A | Check local ordinances |
| State rest areas | Yes | 3 hours | No camping; longer for commercial vehicles |
| Private property | Yes (with permission) | N/A | Owner’s consent required |
| Residential areas | Varies | N/A | Check local laws and posted signs |
Sources:
1. https://kxrb.com/is-it-really-illegal-to-sleep-in-your-car-in-south-dakota/
2. https://sdlegislature.gov/Statutes/31-7-17
3. https://973kkrc.com/illegal-to-sleep-at-south-dakota-rest-stop/
