ZZZ's while Co-driver Motors On

[Marsh]

hi everyone hope all is well in youre chunk of the world today.

we plan on sharing driving duties during long nonstop trips. and occasionally one of us will be sleeping in the van bed while the other keeps us movin down the road.

sooooo, what kind of infraction would we get if on the off chance we get caught?

regular seat belt ticket or something harsher like some type of endangerment crap?

disclaimer: both drivers/sleepers are soon to be cantankerous old farts well over the age of 25, so nothing to do with kids not wearing a belt.

 

[B and C]

That is the way we used to travel but were never stopped.  

Pull the curtain behind the driver and passenger seat to conceal the other person.  If asked why the curtain is closed, heat/cool a smaller space and/or to conceal the back when parked/refueling.  Tell them your lawyer friend said to never allow them to search without a warrant if they ask to search.

Drive 5 mph over the speed limit and never worry except if in a small town.  I sometimes pass a highway patrol car on the highway doing this 5 mph thing and I don't slow down when they are shooting radar by the side of the road either or oncoming, just look at them to show you are alert.  Act guilty and you will be pulled over.  They give a 10% grace on speed normally as speedometers can be off (75 mph < 10% of 70 mph).  Just make sure you know how fast you are really going (GPS is good for this now).

 

[VJG1977]

hi everyone hope all is well in youre chunk of the world today.

we plan on sharing driving duties during long nonstop trips. and occasionally one of us will be sleeping in the van bed while the other keeps us movin down the road.

sooooo, what kind of infraction would we get if on the off chance we get caught?

regular seat belt ticket or something harsher like some type of endangerment crap?

disclaimer: both drivers/sleepers are soon to be cantankerous old farts well over the age of 25, so nothing to do with kids not wearing a belt.

It all depends on what state you are in.  Here is a link to seat belt laws by state.  

Seat Belt Laws

If you are in Tennessee, back seat passengers do not have to be buckled in.  In Texas both front and back seat passengers must be buckled up.

 

[Marsh]

wow, some of those states dont mess around

 

[Optimistic Paranoid]

Pull the curtain behind the driver and passenger seat to conceal the other person.  If asked why the curtain is closed, heat/cool a smaller space and/or to conceal the back when parked/refueling.  Tell them your lawyer friend said to never allow them to search without a warrant if they ask to search.

I have my doubts about this advice.  Cops have broad discretion to protect themselves.  If they think someone is hiding in the back - possibly with a gun - I don't think they need your permission to check behind the curtain.  If stopped by the Border Patrol, I'm sure they will INSIST on looking back there to make sure you're not smuggling illegals.

 

[masterplumber]

Actually, you don't have to let them look, as long as the curtain is closed. That is your house and unless they have probable cause, which is a much more stringent requirement than reasonable suspicion, that a crime is being committed or someone is in imminent danger, they can not enter without a warrant. That is why truck drivers keep their curtain to the sleeper closed. Even the DOT officers at the scales can't search the sleeper area without permission. That doesn't mean they won't try though. Just politely but firmly say no and ask if your free to go. Once they have completed dealing with whatever issue they initially stopped you for, they have to release you from the scene once you ask, or they can be in trouble for illegally detaining you. Depending upon the officer they may try and convince you that you need to stay or it will look suspicious. Who cares? Those type of officers are suspicious of everyone anyhow. That said, most officers are actually pretty decent people just trying to do their jobs. It is their job to constantly be vigilant and ask questions. When you answer that you are just a very private person who values your rights they will generally just shrug and let you go.

 

[highdesertranger]

I don't believe that list. I know in CA by the time it's all said and done it costs you just shy of 500 bucks. CA has all kinds of hidden fees in their court system. ask me how I know. highdesertranger

 

[ilovemyvan]

Hi Marsh,

We did a lot of the kind of driving you are planning to do. We never closed the curtains. The one sleeping woke up when we pulled over to fill up or slowed down in a smaller town. I don't know if it's legal or not, but I don't really care. When you think about it, if you were driving a car and the passenger decided to take a nap on the back seat, you wouldn't get in trouble right? We go to the back during the day and read laying down while the other drives. We never closed the curtains when one was driving and the other one was making sandwiches. The only time we close the curtains is when we need to use the loo, we have a lot of windows.

If we ever get in trouble for the above practices I would simply say to the officer that we were not aware and that we wouldn't do it again. With the right attitude, we hopefully wouldn't get fined.

Nicole

 

[Ballenxj]

Actually, you don't have to let them look, as long as the curtain is closed. That is your house and unless they have probable cause, which is a much more stringent requirement than reasonable suspicion, that a crime is being committed or someone is in imminent danger, they can not enter without a warrant. That is why truck drivers keep their curtain to the sleeper closed. Even the DOT officers at the scales can't search the sleeper area without permission. 

This is what I thought as well, however, I had this conversation with an LEO once upon a time about an actual motorhome. Their opinion was that as long as it is on the highway it's considered a motor vehicle subject to all applicable laws as such. I don't know for sure but I think that officer was wrong.

 

[SternWake]

If a car behind cannot see through, they likely cannot see a sleeping person get from the bed to the passenger seat.

I've known people that have claimed to successfully to have changed drivers in a passenger car between the time of flashing lights behind and stopping.

I've left the driver's seat at 65mph and my buddy took over, but not while being pulled over, I just did not trust him to make my sandwich properly.
Cruise control and a free passageway to the rear/ No console, makes this pretty simple.

A sound sleeper is another issue.

I love sleeping in a moving vehicle, as long as I trust the driver.

 

[Every Road Leads Home]

I feel like this situation is so low on the list of potential problems that I wouldn't even worry about it. Most cops are pretty decent people and if you were actually pulled over and caught for it I think you'd more than likely just get a warning if you're polite and all your insurance and tags are up to date. It would also be pretty easy for the sleeping passenger to hop in the passenger seat long before the cop pulls you over and gets to your window. I don't like the idea of trying to hide it from officers and prohibit them from taking a quick peek in the back. Not because I particularly love cops as a whole and think our rights need to be trampled, but because I put myself in their shoes and if I was doing a traffic stop I wouldn't want to not know what was behind a black curtain in a cargo van for my personal safety. If im not breaking the law, I don't feel it necessary to make a cop nervous about his life or potentially escalate a non situation. That same cop might be the one saving me in a wreck or watching my back while a change a tire on the highway, no need to go out of my way to make a minor situation more difficult.

That being said, I am with SternWake, not much better than sleeping in a car as long as you trust the other driver. I can count on one hand how many people I'm comfortable with driving while I sleep.