Vancouverites looking to get some quick shut-eye while sitting in their cars may want to keep some important considerations in mind.
While it isn't illegal to sleep in a car, many places across the city and province don't allow vehicles to stay parked in particular areas for an extended period.
Many municipalities ban overnight parking and camping and people must check local bylaws before settling in for the night, Vancouver criminal lawyer Kyla Lee told V.I.A. However, she added that "police rarely enforce those [rules] unless it's a problem," such as when people are living inside an RV parked on a city street.
Lee said people who have paid for parking can sleep overnight in a parkade or surface lot.
People planning on sleeping in their vehicles should ensure they don't carry or do anything that could get them in trouble.
"As far as what you do not want to do, never drink in a vehicle. Not only is that contrary to BC's Liquor Control Licensing Act, but you could end up charged with impaired driving," she noted.
"You do not need to actually be driving to face a charge, as the Criminal Code defines this as 'operating' so long as you are in possession of the means to set the vehicle in motion."
Sleeping is "rarely accepted" as proof you don't intend to drive
Lee said people could disprove they were operating the vehicle by showing they had no intention to drive but sleeping is "rarely accepted" as proof there was no risk they would drive.
Other drugs or cannabis are also illegal to use if you plan to drive. Also, B.C.'s decriminalization laws have a cap on how much of a particular drug an individual can possess for personal use in vehicles.
"If you are sleeping in the car after drinks or drugs, you can do a few things to show you do not intend to drive. You can put the keys far away from the ignition (in the trunk or back seat), recline the seat all the way, stay out of the driver's seat, and take your shoes off," Lee suggested.
"I would also recommend not turning the car on for music and if it's hot to rely on unrolling the windows instead of using the AC. If it's cold, try to use clothes as a blanket instead of running the heat."
Of course, anyone sleeping in their car should also "avoid nudity or sex," the lawyer added.
Will the City of Vancouver parking enforcement ticket you for sleeping in your vehicle?
The city's parking enforcement department told V.I.A. that it doesn't make a practice of ticketing people sleeping in vehicles. However, illegally parked vehicles are subject to the same bylaws - regardless of whether someone is sleeping inside.
"We cannot speak about sleeping in any private parking lots but within the City of Vancouver, you may sleep in your vehicle anywhere while parked legally (i.e. you would be able to sleep for two hours in a 2-hour Time Limit zone)," the City said in a statement.
While not all people sleeping in cars are experiencing homelessness, the city's Homelessness Services Outreach team works to connect those requiring assistance with access to housing, income or other supports.
Locals may camp out in their vehicles if the parking by-laws are adhered to while following other laws not related to parking.
However, people camping in vehicles should consider "fire protocols, noise, garbage and sewage dumping." The City said these issues have surfaced before when people camp in vehicles.
