If you’re considering sleeping in your car in Nebraska, it’s essential to understand the state’s regulations to ensure you’re compliant and safe. While Nebraska doesn’t have a statewide ban on sleeping in vehicles, local ordinances and specific circumstances can affect its legality. Here’s what you need to know.
General Rules for Sleeping in Your Car in Nebraska
Statewide Regulations
Nebraska doesn’t have laws that outright prohibit sleeping in your car. However, certain state statutes impose limitations on where you can park and for how long:
Roadways and Freeways: Nebraska Revised Statute § 60-6,164 restricts parking on roadways outside business or residential districts. Vehicles should not be stopped, parked, or left standing for more than 24 hours unless it’s impracticable to do so elsewhere.
Freeways: Parking on freeways is generally prohibited unless the vehicle is disabled or the driver is ill or incapacitated. Even then, parking is limited to 12 hours.
Rest Areas
Nebraska rest areas are open 24 hours a day, but overnight camping or parking is prohibited. The maximum length of stay permitted is 10 hours. While the Nebraska Department of Transportation (NDOT) doesn’t have rules against sleeping in your vehicle at rest areas, they advise against it.
Local Ordinances
Local cities and counties in Nebraska may have their own ordinances regarding sleeping in vehicles:
Omaha: Omaha’s ordinance prohibits parking a vehicle in the same place on a street for more than 48 hours.
Bellevue: Bellevue’s code allows recreational vehicles to be parked for overnight sleeping for a maximum of 14 days in any year, provided cooking is not permitted.
It’s crucial to check with local authorities or municipal codes to understand specific regulations in your area.
Legal Considerations
DUI Laws
While sleeping in your car isn’t illegal, Nebraska’s DUI laws can apply if you’re found in “actual physical control” of the vehicle while intoxicated. Factors such as having the keys in the ignition or being in the driver’s seat can lead to a DUI charge, even if the vehicle isn’t moving.
Open Container Laws
Nebraska prohibits open containers of alcohol in the passenger area of a vehicle. Even if you’re not driving, possessing an open container while sleeping in your car can result in a citation.
Tips for Sleeping in Your Car in Nebraska
Choose Safe Locations: Opt for well-lit, low-traffic areas like 24-hour retail store parking lots or truck stops. Always seek permission from property owners if necessary.
Avoid Residential Areas: Parking in residential neighborhoods can lead to complaints from residents and potential enforcement actions.
Stay Within Legal Time Limits: Be mindful of parking duration limits, especially in cities like Omaha, where parking in the same spot for more than 48 hours is prohibited.
Keep the Vehicle Unoccupied: If you’re not in the driver’s seat and have the keys out of reach, it can help avoid potential DUI charges.
Be Discreet: Avoid setting up camping gear or making your presence obvious to minimize attention.
Sleeping in your car in Nebraska isn’t outright illegal, but it’s essential to be aware of state statutes, local ordinances, and specific circumstances that can affect its legality. Always ensure you’re parked legally, avoid behaviors that could lead to DUI charges, and respect local regulations to ensure a safe and lawful experience.
