Open container laws & RVs

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Open container laws & RVs

Postby Cap'nTrevor » Sun Aug 22, 2010 2:49 am

I've been reading up on open container laws and RVs and have discovered that in many states passengers in the living area of the RV can drink alcohol, as long as it's nowhere near the driver.

Everything I've read says it varys from state to state. Do you know the laws for any particular states? If so please share them here!

I think if everyone posts info for their home state, then this could end up being a pretty good resource!

I'll post illinois, since I happen to have it handy!

ILLINOIS: LEGAL!

(625 ILCS 5/11‑502) (from Ch. 95 1/2, par. 11‑502)
Sec. 11‑502. Transportation or possession of alcoholic liquor in a motor vehicle.
(a) Except as provided in paragraph (c) and in Section 6‑33 of the Liquor Control Act of 1934, no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.
(b) Except as provided in paragraph (c) and in Section 6‑33 of the Liquor Control Act of 1934, no passenger may carry, possess or have any alcoholic liquor within any passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.
(c) This Section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini motor home as defined in Section 1‑145.01 of this Code. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this Section. For the purposes of this Section, a limousine is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for‑hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to Section 6‑104 of this Code.


(625 ILCS 5/1‑145.01) (from Ch. 95 1/2, par. 1‑145.01)
Sec. 1‑145.01. Motor home, mini motor home or van camper. A self‑contained motor vehicle, not used commercially, designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk through access to the living quarters from the driver's seat. Such vehicles must include at least four of the following:
a) A cooking facility with an on‑board fuel source;
b) A gas or electric refrigerator;
c) A toilet with exterior evacuation;
d) A heating or air conditioning system with an on‑board power or fuel source separate from the vehicle engine;
e) A potable water supply system that includes at least a sink, a faucet, and a water tank with an exterior service supply connection;
f) A 110‑125 volt electric power supply.
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Postby bluesbob » Sun Aug 22, 2010 5:28 am

The law presents a quandary....what if the driver is in the back and all the alcohol drinkers are hanging around the driver's compartment? What happens then?
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Postby Elorrum » Sun Aug 22, 2010 8:15 am

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Postby junglesmacks » Sun Aug 22, 2010 9:07 am

From what I found while googling, pretty much all states treat it the same.. but to qualify, it must be a class D motor home greater than 21 feet in length. Also, the person sitting next to the driver in the forward area may not have open container, but people behind in the main living area may.
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Postby dragonpilot » Sun Aug 22, 2010 9:21 am

You're more likely to get cited for a seat belt violation...y' know how RV pax like to get up and walk around...
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Postby BurningRando » Sun Aug 22, 2010 9:38 am

You can also smoke all the pot you want as long as the ceiling fan in the bathroom vent is always on.

Get the twinkles and doritos out before you lite up.
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Postby Cap'nTrevor » Sun Aug 22, 2010 11:47 am

Illinois: LEGAL!
Florida: LEGAL!

[quote]The 2010 Florida Statutes

Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter

316.1936Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.
—
(1)As used in this section, the term:

(a)“Open containerâ€
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Postby Cap'nTrevor » Sun Aug 22, 2010 11:50 am

Illinois: LEGAL!
Florida: LEGAL!
Georgia: LEGAL!

Open Container Law in Georgia

http://www.gahighwaysafety.org/heatlaws.html

The law defines "open alcoholic beverage container" as any bottle, can, or other receptacle that contains any amount of alcoholic beverage and: (1) is open or has a broken seal; or (2) the contents of which are partially removed.

The law prohibits anyone from consuming any alcoholic beverage, or possessing any open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway. Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container will be charged with an open container violation; however, a driver who is alone in a motor vehicle shall be deemed to be in possession of any open alcoholic beverage container. Anyone who violates this law is subject to a fine not to exceed $200.

This provision does not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer.
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Postby Cap'nTrevor » Sun Aug 22, 2010 11:53 am

Illinois: LEGAL!
Florida: LEGAL!
Georgia: LEGAL!
Colorado: LEGAL!

Colorado (per Trooper Novotny, Colorado State Patrol):

It is illegal throughout Colorado to have any open containers of alcohol in a motor vehicle on a public highway. In creating the new law Colorado law makers were mindful enough to allow for exemptions when operating or riding in several different types of vehicles, which will be covered at the end of this article........

........As mentioned earlier there are exceptions and various situations in which open alcoholic containers are permissible in motor vehicles on public highways. This law does not apply to people riding in any vehicles that are designed specifically to transport passengers like limousines, ski buses, gaming buses etc. unless you’re the driver or the front seat passenger on any of these vehicles. Another exemption would involve any passengers, other than the driver or a front seat passenger traveling in the living quarters of a house coach, house trailer and motor home.
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Postby Cap'nTrevor » Sun Aug 22, 2010 11:57 am

Illinois: LEGAL!
Florida: LEGAL!
Georgia: LEGAL!
Colorado: LEGAL!
Washington: LEGAL!

RCW 46.61.519
Alcoholic beverages — Drinking or open container in vehicle on highway — Exceptions.


*** CHANGE IN 2010 *** (SEE 6239-S.SL) ***

(1) It is a traffic infraction to drink any alcoholic beverage in a motor vehicle when the vehicle is upon a highway.

(2) It is a traffic infraction for a person to have in his possession while in a motor vehicle upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed.

(3) It is a traffic infraction for the registered owner of a motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage which has been opened or a seal broken or the contents partially removed, unless the container is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.

(4) This section does not apply to a public conveyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for-hire vehicle licensed under city, county, or state law, or to a privately-owned vehicle operated by a person possessing a valid operator's license endorsed for the appropriate classification under chapter 46.25 RCW in the course of his usual employment transporting passengers at the employer's direction: PROVIDED, That nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by the operator of any vehicle while upon a highway.


[1989 c 178 § 26; 1984 c 274 § 1; 1983 c 165 § 28.]
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Postby Cap'nTrevor » Sun Aug 22, 2010 12:01 pm

Illinois: LEGAL!
Florida: LEGAL!
Georgia: LEGAL!
Colorado: LEGAL!
Washington: LEGAL!
Indiana: LEGAL!

IC 9-30-15-3
Open alcoholic beverage container during operation of motor vehicle; Class C infraction
Sec. 3. (a) This section does not apply to the following:
(1) A container possessed by a person who is in the:
(A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
(B) living quarters of a house coach or house trailer.
(2) A container located in a fixed center console or other similar fixed compartment that is locked.
(3) A container located:
(A) behind the last upright seat; or
(B) in an area not normally occupied by a person;
in a motor vehicle that is not equipped with a trunk.
(b) A person in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container:
(1) that has been opened;
(2) that has a broken seal; or
(3) from which some of the contents have been removed;
in the passenger compartment of the motor vehicle commits a Class C infraction.
(c) A violation of this section is not considered a moving traffic violation:
(1) for purposes of IC 9-14-3; and
(2) for which points are assessed by the bureau under the point system.
As added by P.L.53-1994, SEC.11. Amended by P.L.33-1997, SEC.15; P.L.1-2000, SEC.14; P.L.209-2005, SEC.1.
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Postby Cap'nTrevor » Sun Aug 22, 2010 12:23 pm

Illinois: LEGAL!
Florida: LEGAL!
Georgia: LEGAL!
Colorado: LEGAL!
Washington: LEGAL!
Indiana: LEGAL!
Ohio: Illegal :(

Ohio's law is really long and confusing, so I'll just put a link to it.

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Postby Cap'nTrevor » Sun Aug 22, 2010 12:26 pm

Illinois: LEGAL!
Florida: LEGAL!
Georgia: LEGAL!
Colorado: LEGAL!
Washington: LEGAL!
Indiana: LEGAL!
Ohio: Illegal
Iowa: LEGAL!

321.284A Open containers in motor vehicles--passengers

1. A passenger in a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage. "Passenger area" means the area of a motor vehicle designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk.2. This section does not apply to a passenger being transported in a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or a passenger being transported in the living quarters of a motor home, mobile home, travel trailer, or fifth-wheel travel trailer.3. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8, subsection 10, paragraph "b".4. The department shall not include a conviction for a violation of this section on the individual driving record of the person committing the violation and the conviction shall not be considered by the department in any proceeding for suspension, revocation, barring, or denying of the person's driver's license or upon any application for renewal of driving privileges.
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Postby Cap'nTrevor » Sun Aug 22, 2010 12:34 pm

Illinois: LEGAL!
Florida: LEGAL!
Georgia: LEGAL!
Colorado: LEGAL!
Washington: LEGAL!
Indiana: LEGAL!
Ohio: Illegal
Iowa: LEGAL!
Nebraska: Illegal

60-6,211.08. Open alcoholic beverage container; consumption of alcoholic beverages; prohibited acts.
(1) For purposes of this section:

(a) Alcoholic beverage means (i) beer, ale porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor, (ii) wine of not less than one-half of one percent of alcohol by volume, or (iii) distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. Alcoholic beverage does not include trace amounts not readily consumable as a beverage;

(b) Highway means a road or street including the entire area within the right-of-way;

(c) Open alcoholic beverage container, except as provided in subsection (3) of section 53-123.04 and subdivision (1)(c) of section 53-123.11, means any bottle, can, or other receptacle:

(i) That contains any amount of alcoholic beverage; and

(ii)(A) That is open or has a broken seal or (B) the contents of which are partially removed; and

(d) Passenger area means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in such area. Passenger area does not include the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.

(2) It is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this state.

(3) Except as provided in section 53-186, it is unlawful for any person to consume an alcoholic beverage (a) in a public parking area or on any highway in this state or (b) inside a motor vehicle while in a public parking area or on any highway in this state.
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Postby junglesmacks » Sun Aug 22, 2010 12:38 pm

Anything to pass the pre-burn time.. I feel your pain, Cap'n
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Postby Cap'nTrevor » Sun Aug 22, 2010 12:51 pm

Yep, kinda bored!

Also, I'm just doing the states that we'll be driving through on our way from Toronto to Nevada.

I imagine we may have mini celebrations as we move from no-drinking to drinking states! (And frantic cleaning before we enter the no-drinking states.)
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