Is It Legal to Sleep in a Self-Driving Car on the Road?

Self-driving cars have gone from futuristic fantasy to real-life road companions in a surprisingly short amount of time. Naturally, that’s sparked questions we’ve never had to ask before, like whether you can sleep while your car handles the driving for you.

It’s a logical question; after all, if the car can steer, brake, change lanes, and even find its way through city traffic, why not sneak in a nap during your commute? However, just because a car can drive itself doesn’t mean the law treats it like a chauffeur. Not yet, anyway.

Let’s break down what the law actually says, how technology plays into the rules, and what sleeping in a self-driving car could mean for your safety and your legal record, depending on where you are and what you’re driving.

What “Self-Driving” Actually Means

 

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Not all self-driving cars are created equal. To even start answering the sleep question, you need to know what level of autonomy your vehicle falls into. Here’s how the National Highway Traffic Safety Administration (NHTSA) classifies self-driving tech:

Unless you’re in a Level 4 or Level 5 vehicle and in a place that legally allows it, sleeping behind the wheel isn’t just risky; it’s illegal.

What the Law Says in the United States

There’s no single nationwide law that clearly says you can sleep in a Level 4 vehicle. Laws vary by state, and some states haven’t updated their laws yet.

California

California, a hotbed for autonomous vehicle testing, is also one of the strictest. According to California Vehicle Code Section 23103, driving in a way that shows “willful disregard for safety” qualifies as reckless driving. That includes sleeping, even if your car is equipped with Tesla Autopilot or similar tech. The bottom line here is clear: if your hands and eyes aren’t on the task, you’re breaking the law.

Reckless behavior behind the wheel (even in partially automated vehicles) can still lead to accidents and legal claims. According to Weinstein Win, car accident settlements vary widely, but liability often hinges on whether the driver was alert and in control.

Nevada

Nevada was the first state to authorize autonomous vehicles back in 2011, but its regulations still require a human to be present, and alert during test phases. Even if your car could technically take over, nodding off at the wheel would still be a violation of current operational laws. Under AB 511 and later DMV regulations (effective March 1, 2012):

• A licensed human operator must be physically present in the vehicle during testing and hold a special endorsement (G‑endorsement).
• Test vehicles must be equipped with systems to alert that human operator to take back control if automation fails.

Federal Guidelines

As of June 2025, the NHTSA has rolled out new guidelines for Levels 3 through 5, which suggest that occupants of Level 4 and 5 cars may be treated more like passengers than drivers. That opens the door, legally speaking, for sleeping in those high-level vehicles. However, the federal government leaves enforcement up to the states.

A Few Numbers to Consider

• 50 states allow autonomous vehicles in some form
• Only 29 states have specific laws regulating self-driving cars
• Fewer than five states have addressed what passengers (or would-be sleepers) are legally allowed to do

In short, there’s progress, but not enough uniformity to relax in the driver’s seat just yet.

What’s Actually on the Road in 2025?

Despite the buzz, most “self-driving” cars you see today are still Level 2 or 3. They require human oversight, always.

Real-World Examples

• Tesla Autopilot and Full Self-Driving are not truly autonomous. They’re Level 2 systems, and multiple drivers have been cited (or worse, involved in crashes) after falling asleep or failing to supervise.
• A viral 2023 video showed a man snoozing in a Tesla on the freeway in Massachusetts. He was later charged with reckless driving.
• Even in states that allow self-driving cars, the moment you disengage from active supervision in a Level 2 or 3 vehicle, you’re opening yourself up to legal trouble.

Public Sentiment

According to a 2024 survey by The Zebra:

• 79% of U.S. adults say they would not feel safe sleeping in a self-driving vehicle.
• 62% worry about system failure.
• Trust in the technology, especially at the consumer level, still has a long way to go.

Don’t Sleep on the Rules

Even if your car can technically handle the road, the law doesn’t always see it that way. Here’s a quick guide based on what we know now:

If You Drive a Level 2 or Level 3 Car:

• Never sleep behind the wheel.
• Stay alert, hands ready, and eyes open.
• Expect full legal responsibility if something goes wrong.

If You’re in a Level 4 or 5 Vehicle:

• Check your state or country’s laws.
• In the U.S., don’t assume legality; look for specific local statutes.
• In the UK, if your vehicle is NUiC-approved, you’re more likely to be protected.

Better Alternatives

• Use rest stops or designated areas if you’re feeling drowsy.
• Wait for clear legal frameworks before treating your car like a mobile bedroom.
• If you’re planning a road trip with a high-autonomy vehicle, research laws in every state or country on your route.

Endnote

In the U.S., unless you’re in a certified Level 4 or Level 5 vehicle and in a state that allows hands-off use, sleeping could land you in legal trouble. In the UK, the 2024 Automated Vehicles Act makes room for this in NUiC vehicles, but they won’t be mainstream until at least 2026.

The world is moving toward a future where your car can safely handle the commute while you nap, read, or relax, but for now, if you’re behind the wheel (autonomous or not) you’re still on duty.