If you’re traveling through New Mexico and considering sleeping in your car, it’s essential to understand the legal guidelines to avoid any issues.
While car sleeping is generally allowed in New Mexico, there are specific rules and best practices to follow. Here’s a comprehensive overview of the legality and safety considerations for sleeping in your vehicle in the state.
General Legality
No Statewide Prohibition: There is no state law in New Mexico that outright prohibits sleeping in your car. If you’re on the road and need to rest to drive safely, it’s usually permissible to sleep in your vehicle.
Encouraged Rest: New Mexico acknowledges that resting while traveling is necessary to prevent driver fatigue. As such, the state allows people to rest in their cars, especially in designated areas like rest stops.
Rest Areas and Time Limits
Rest Area Rules: New Mexico has over 20 rest areas throughout the state that allow travelers to park and rest. These areas are specifically designated for travelers needing a break during their journey.
Time Limit: While you can sleep at rest areas, there is a 24-hour limit on how long you can remain at a publicly owned rest area within any three-day period. This means you can stay up to 24 hours, but the clock starts running as you park in any rest area and accumulates across all rest areas in the state. You cannot exceed 24 hours in total within the three-day window.
Overnight Parking: Overnight parking and sleeping in your car are allowed at rest areas, but you must adhere to the 24-hour rule.
No Camping: Although sleeping in your car is permitted, camping activities (like setting up awnings, chairs, or grills) are not allowed in rest areas. This helps keep the area safe and clean for all travelers.
Parking Lots and Private Property
Private Property Rules: Sleeping in your car at parking lots of businesses, like Walmart or truck stops, is not illegal under New Mexico state law. However, permission from the property owner is needed. It’s always a good idea to ask for approval before sleeping overnight in any private parking lot.
Local Ordinances: Some cities or counties in New Mexico may have local ordinances that restrict sleeping in vehicles on public streets or parking areas. Local regulations can vary, so it’s wise to check the rules for specific areas where you plan to stop.
Safety and Practical Advice
Ask Permission: When staying overnight in a private parking lot or on private property, always ask for permission from the property owner or management. This ensures you won’t be asked to leave or face fines later.
Follow Posted Rules: Pay close attention to signs and posted rules in rest areas and parking lots. These rules often indicate whether overnight parking is allowed and may provide instructions to follow to avoid fines or removal.
Avoid Public Streets: Sleeping in your car on public streets or in parks may be restricted or prohibited by local laws. It is always safer to use designated rest areas or secure permission for private property use.
Be Mindful of Your Safety: When sleeping in your car, make sure it’s parked in a safe area. Lock your doors, avoid leaving valuables in sight, and ensure you’re parked in a well-lit, secure area.
Sources:
1. Is It Illegal to Sleep in Your Car in New Mexico?
2. New Mexico Rest Area Rules – Boondocker’s Bible
3. Legality of sleeping overnight in a car (Reddit, Santa Fe)
4. The Legality of Car Sleeping in New Mexico: What You Need to Know
