Rooftop Tents Declared Illegal Under Existing Law as Renting Continues

Rooftop Tents Declared Illegal Under Existing Law as Renting Continues

The government has emphasized yesterday that renting cars with rooftop tents is illegal under existing legislation, yet this practice has been going on for many years and still continues. What did we miss?

Authorities Say Rooftop Camping is Illegal

Eduardo Jesus, the regional secretary for tourism, has stated that renting cars with rooftop tents is illegal under local law. He explained that authorities are now applying the traffic code to bring order to the situation, as the number of these vehicles has increased in recent years.

That type of practice is illegal — in other words, no one should be testing or renting cars with rooftop tents, because that is illegal in our context. In fact, with the emergence of these circumstances, the authorities now have the power to apply the traffic code, and they are precisely using the traffic code to enforce order.

Eduardo Jesus, RTP Madeira, May 2025

‘With the emergence of these circumstances…’ is official code for: we ignored it for years and now it’s annoying us. In other words, authorities didn’t change the law - they just finally decided they can use traffic rules to ban rooftop tents.

No Plans for Legal Camping Zones for These Vehicles

When asked whether Madeira could create specific zones where rooftop camping vehicles could legally park overnight, Eduardo Jesus rejected the idea. “There is no intention to allow or regulate this type of use,” he said. The government has no plans to change the existing rules, and camping, according to Jesus, must follow current legislation. Legal camping is only allowed in official areas managed by the IFCN, such as designated sites or the main campsite in the north.

Rooftop Camping is Illegal, say Authorities

Tourism Strategy Prioritizes Controlled and Sustainable Experiences

The regional government insists that this form of mobile tourism does not match Madeira’s long-term tourism goals. “This type of tourism does not add value to our destination,” Jesus said. While the island welcomes nature tourism, it must happen in a controlled and sustainable way - ideally within the hotel infrastructure or regulated campsites.

Rent Hertz Campers With A Rooftop Tent

Rooftop Tent Rentals Have Been Available Since At Least 2021

Despite the recent crackdown, these vehicles have existed on the island for many years. The service offering cars with rooftop tents started on mainland Portugal and reached Madeira at least by 2021, if not earlier. Companies like Hertz have promoted them as a flexible and affordable way to explore the island, especially for tourists looking for nature and freedom and saving on the extra costs for a hotel.

The ultimate glamping experience in Portugal at an affordable price. Why book a hotel room when you can rent a car that doubles as your home?


Hertz

Rental Company: “Choosing the Best Parking Locations Will Be Up to You”

Hertz’s promotional material encourages users to park and stay overnight in public places while downplaying legal limitations. In their FAQ, they write:

Portugal has beautiful landscapes and offers a wide variety of private and public places where you can park. Choosing the best parking locations will be up to you and the amenities you wish to use, as long as you do not violate the road code and respect the protected areas.

As for legislation regarding overnight stays, the regulation will vary depending on the Municipality, which should always be taken into account.

Hertz FAQ

They mention that regulations vary by municipality, but this vague language offers little guidance. It clearly shifts the responsibility to the user while minimizing legal risks.

Government Ignored the Issue Until It Became a Public Nuisance

The fact that these rentals have existed for so long and are still being advertised as of today raises questions about why the government is only acting now. Until recently, authorities made no effort to regulate or enforce the rules against rooftop camping. The sudden reaction seems less like strategic planning and more like a response to growing public complaints and visible disruption.

This approach reflects a lack of a clear, consistent legal framework and undermines effective governance.

Sources:
RTP Madeira
Jornal da Madeira
Hertz

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