Virginia’s Law Now Treats Sleeping in a Parked Car as a Criminal Offense

As of July 1, 2025, Virginia has updated laws that strictly prohibit overnight parking and sleeping in vehicles at highway rest areas and waysides — effective immediately under the Virginia Administrative Code. These locations are now off-limits for overnight stays, even if you’re merely napping in your car.

Previously, these rules existed but were inconsistently enforced. The updated law consolidates and clarifies: no camping, no sleeping, no overnight parking is allowed in these public roadside facilities. Violating this rule now officially constitutes a misdemeanor, subject to fines up to $250 per offense .

Legal Authority Behind the Change

The prohibition stems from 24VAC30‑50‑10, a section of the Virginia Administrative Code governing highway rest areas and waysides. The law outlines:

  • Rest areas open from 8 a.m. to one hour after sunset unless security lighting is present.
  • “No overnight parking will be permitted” and “Camping” and “Sleeping in any section of the rest area building is not permitted at any time”.
  • Violators face misdemeanor charges, with fines ranging from $5 to $100 for each offense under older code — but state updates elevate the maximum to $250 .

These rules are state‑wide, applying to both lit and unlit rest areas, meaning exceptions based on lighting no longer apply.

Fines and Penalties: What You’re Facing

Under the revised legislation:

  • It’s a misdemeanor to sleep, camp, or park overnight at a rest area or wayside.
  • Offenders can be fined up to $250 per violation.
  • Citations may result in towing or removal of your vehicle if parked illegally.

Simply napping during a long drive could trigger a ticket—state troopers and local law enforcement are now legally empowered to enforce this rule without giving prior warnings.

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Why Now? The Rationale Behind the Law

Several reasons support Virginia’s crackdown:

  1. Traffic and Safety Concerns
    Rest areas are designed for brief stops—restoring alertness, grabbing coffee, using restrooms. Overnight stays or camping create safety risks for unsuspecting travelers and emergency responders.
  2. Homelessness and Encampments
    Sleeping in vehicles has become a shelter workaround. The law targets semi‑permanent encampments at rest stops, which cities and the state find problematic.
  3. Reducing Liability and Maintenance Costs
    Long‑term occupants can cause sanitation issues, increased wear, littering—driving up cleanup and safety costs.
  4. Encouraging Safer Alternatives
    Virginia is nudging travelers and unhoused individuals toward safe shelters or authorized overnight facilities instead.

Where You Can Sleep (Legally)

While rest areas and waysides are off‑limits, here are lawful alternatives:

  • Private property (with permission):
    Parking in a friend’s driveway or a business lot is generally fine—but get explicit permission. Otherwise, you risk trespassing violations.
  • Commercial 24‑hour establishments:
    Big-box stores or truck stops may allow limited overnight parking—check policy. Walmart, for example, commonly permits it if you ask.
  • Designated private campgrounds:
    These facilities offer proper amenities and are entirely legal for overnight stays.
  • Local municipal options:
    Some towns permit vehicle sleeping in specified safe parking zones. Others do not—check local codes before relying on this option.

Staying Safe and Avoiding Trouble

If you must sleep in your vehicle in Virginia:

  1. Understand the new rules.
    Rest areas and waysides are now strictly off‑limits after sunset.
  2. Plan ahead.
    Use campgrounds or 24-hour establishments instead.
  3. Seek express permission.
    If parking on private land overnight, get it in writing—via text, email, or sign.
  4. Observe local parking rules.
    Municipal ordinances may forbid overnight vehicle stays on streets or public lots—violations can mean fines or towing.
  5. Avoid confusion with DUIs.
    Even sleeping in your car while intoxicated can lead to DUI charges if you’re in the driver’s seat or have the keys nearby.
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What It Means for Homeless Individuals

Critics argue this ban disproportionately affects those without stable housing who rely on cars as shelter. Instead of fines, advocates suggest the state:

  • Increase safe parking programs in urban areas.
  • Expand emergency shelters and low-barrier housing.
  • Establish graceful exit points for people living out of vehicles before punitive enforcement begins.

Effective July 1, 2025, however, indicates state policy is tilting toward enforcement over accommodation. Expect to see more citations rather than assistance at highway rest stops.

Summary Table: Know Your Rights and Limits

LocationSleeping Allowed?Notes
Highway rest area / waysideNot AllowedFines up to $250; misdemeanor
Private property (permission)AllowedNo state interference if okay with owner
24-hour business lotOften allowedAsk store management to confirm
Public street or municipal lotPossibly illegalCheck local laws to avoid citations
Designated campgroundAllowedWith available facilities and fees

Final Thoughts

Virginia’s 2025 update on sleeping in vehicles sends a clear message: rest stops are for resting—briefly. The law aims to prevent misuse of rest areas, improve safety, and reduce unsanctioned sheltering, but it may also limit options for people in need.

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