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When you shouldn’t get caught napping

When it comes to taking a break, and even having a nap, the Highway Code is clear on this.
You can sleep in your car, but there are a few conditions you should know before you do.
So before you pull up and have a sleep, there are some circumstances of which to be aware.

Rule 91 of the Highway Code recommends taking a ‘Minimum break of 15 minutes after every 2 hours of driving.’
And if you’re feeling especially tired, it suggests drinking ‘two cups of caffeinated coffee and taking a ‘short nap’ for at least 15 minutes.’
Alison Ashworth from Ashworth Motoring Law says: “Whether or not you can legally spend the night in your car depends on several factors, such as where you’re parked, and whether you have any alcohol or drugs in your system.”
So, if you’re under the influence or parked somewhere you shouldn’t be, it’s illegal to sleep in your car.
Under Section 4 and 5 of the Road Traffic Act 1988, there are times where you could get into trouble for sleeping in your car in the UK.
The act relates to driving or being in charge if you’re over the alcohol limit or under the influence of drugs.

The penalties are harsh. If you drive under the influence, you could face a maximum of a three-month prison sentence, an unlimited fine or a minimum one-year ban.
However, if you can prove you weren’t driving the vehicle while under the influence, you probably won’t get into trouble.
For example, if you don’t have your car keys on you while you’re in your vehicle.

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