Alcohol in Class B - Driving Laws

[Phoebe3]

I like wine, but can't seem to finish a whole bottle in an evening (darn!). Does anyone know the rules for "open container" in an RV? Since a Class B is really a converted van, we aren't sure if it's ok to keep part of a bottle in the van when we are driving.

[Bruceper]

Local laws will vary, it is best to contact the police where ever you plan on going.

Here in Manitoba, as long as it is out of reach it is fine. I would do something more like putting it in a cupboard.

[jstersd]

Originally Posted by Phoebe3

I like wine, but can't seem to finish a whole bottle in an evening (darn!). Does anyone know the rules for "open container" in an RV? Since a Class B is really a converted van, we aren't sure if it's ok to keep part of a bottle in the van when we are driving.

In California it is VERY legal to do this. I often...well, nevermind

California Vehicle Code Section 23229

[avanti]

My impression is that most constituencies are reasonable about this--usually by special-casing the living areas of motorhomes.

As a related issue, lots of public campgrounds have prohibitions against alcohol. I have NEVER seen one that made any attempt to enforce this against the discreet consumption within the confines of a motor home or trailer.

[Phoebe3]

Thanks for the reference! Looks like California defines Class Bs as "housecars" and they are exempt from open container laws as long as the container isn't in the glove compartment or center console.

Anyone know about laws in other states?

A small glass of wine with dinner seems like the ultimate way to end a busy day, but I wouldn't have one if it meant I had to throw out the rest of the bottle.

[BBQ]

.

In FL, you can drink in a moving vehicle as long as you are not the driver.

[SteveJ]

Originally Posted by BBQ

.

In FL, you can drink in a moving vehicle as long as you are not the driver.

Can Passengers Drink Alcohol in a Car in Florida? According to Article IV of Florida Statute 316.1936, if any passengers of a motor vehicle are in possession of or consume an open alcoholic beverage, the open container law is violated. ... This does not apply for those passengers in a motor home that is parked or stopped.

[BBQ]

Originally Posted by SteveJ

Can Passengers Drink Alcohol in a Car in Florida? According to Article IV of Florida Statute 316.1936, if any passengers of a motor vehicle are in possession of or consume an open alcoholic beverage, the open container law is violated. ... This does not apply for those passengers in a motor home that is parked or stopped.

I think I got it wrong there.
I checked again, it is an offense.

[Phoebe3]

OK, I did some digging (once I know what to look for). Here are the National (US) standards:

https://one.nhtsa.gov/people/injury/...r_criteria.htm

Open Container Law Conformance Criteria

The regulations resulting from the TEA-21 Restoration Act specify six elements that state Open Container laws must include to conform to the Federal Standard and to enable a state to avoid the transfer of Federal-aid highway construction funds. The required elements are described in the following paragraphs.5

To fully conform to the federal requirements, an Open Container law must...

1. Prohibit possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in a motor vehicle.

A state's open container law must prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of any motor vehicle that is located on a public highway or right-of-way. However, state laws and proposed legislation that prohibit possession without prohibiting consumption also have been found to be in conformance with the possession and consumption criterion because in order to consume an alcoholic beverage, an individual must first have that beverage in their possession.

2. Specify the passenger area of any motor vehicle.

The open container law must apply to the passenger area of any motor vehicle. �Passenger area� is defined as 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 the glove compartment. Vehicles without trunks may have an open alcoholic beverage container behind the last upright seat or in an area not normally occupied by the driver or passengers. A law that permits the possession of open alcoholic beverage containers in an unlocked glove compartment, however, will not conform to the requirements. �Motor vehicle� is defined in the regulation to mean a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. The term does not include a vehicle operated exclusively on a rail or rails.

3. Apply to all alcoholic beverages.

The open container law must apply to all alcoholic beverages. �Alcoholic beverage� is defined in the regulation to include all types of alcoholic beverages, including beer, wine and distilled spirits. Beer, wine, and distilled spirits are covered by the definition if they contain one-half of one percent or more of alcohol by volume. An �open alcoholic beverage container� is any bottle, can, or other receptacle that contains any amount of alcoholic beverage, and that is open or has a broken seal, or the contents of which are partially removed.

4. Apply to all occupants.

The open container law must apply to all occupants of the motor vehicle, including the driver and all passengers. The statute provides for two exceptions, however, to the all-occupant requirement. A law will be deemed to apply to all occupants if the law prohibits the possession of any open alcoholic beverage container by the driver, but permits possession of alcohol by passengers in �the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation� (e.g., buses, taxis, limousines) and passengers �in the living quarters of a house coach or house trailer.�

5. Specify on a public highway or the right-of-way of a public highway.

The open container law must apply to a motor vehicle while it is located anywhere on a public highway or the right-of-way of a public highway. The agencies have defined �public highway or the right-of-way of a public highway� to include a roadway and the shoulder alongside of it.

6. Specify primary enforcement.

A state must provide for primary enforcement of its open container law. Under a primary enforcement law, officers have the authority to enforce the law without the need to show that they had probable cause to believe that another violation had been committed. An open container law that provides for secondary enforcement does not conform to the requirements of the regulation.

And here's a graphic of the states (attributed to: By Goldsztajn - File:1950 Border Conference States.svg, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=6591553)

[Lkwilson]

Originally Posted by Phoebe3

I like wine, but can't seem to finish a whole bottle in an evening (darn!).

It's called practice

[cruising7388]

Originally Posted by Phoebe3

OK, I did some digging (once I know what to look for). Here are the National (US) standards:

https://one.nhtsa.gov/people/injury/...r_criteria.htm

Open Container Law Conformance Criteria

The regulations resulting from the TEA-21 Restoration Act specify six elements that state Open Container laws must include to conform to the Federal Standard and to enable a state to avoid the transfer of Federal-aid highway construction funds. The required elements are described in the following paragraphs.5

To fully conform to the federal requirements, an Open Container law must...

1. Prohibit possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in a motor vehicle.

A state's open container law must prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of any motor vehicle that is located on a public highway or right-of-way. However, state laws and proposed legislation that prohibit possession without prohibiting consumption also have been found to be in conformance with the possession and consumption criterion because in order to consume an alcoholic beverage, an individual must first have that beverage in their possession.

2. Specify the passenger area of any motor vehicle.

The open container law must apply to the passenger area of any motor vehicle. �Passenger area� is defined as 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 the glove compartment. Vehicles without trunks may have an open alcoholic beverage container behind the last upright seat or in an area not normally occupied by the driver or passengers. A law that permits the possession of open alcoholic beverage containers in an unlocked glove compartment, however, will not conform to the requirements. �Motor vehicle� is defined in the regulation to mean a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. The term does not include a vehicle operated exclusively on a rail or rails.

3. Apply to all alcoholic beverages.

The open container law must apply to all alcoholic beverages. �Alcoholic beverage� is defined in the regulation to include all types of alcoholic beverages, including beer, wine and distilled spirits. Beer, wine, and distilled spirits are covered by the definition if they contain one-half of one percent or more of alcohol by volume. An �open alcoholic beverage container� is any bottle, can, or other receptacle that contains any amount of alcoholic beverage, and that is open or has a broken seal, or the contents of which are partially removed.

4. Apply to all occupants.

The open container law must apply to all occupants of the motor vehicle, including the driver and all passengers. The statute provides for two exceptions, however, to the all-occupant requirement. A law will be deemed to apply to all occupants if the law prohibits the possession of any open alcoholic beverage container by the driver, but permits possession of alcohol by passengers in �the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation� (e.g., buses, taxis, limousines) and passengers �in the living quarters of a house coach or house trailer.�

5. Specify on a public highway or the right-of-way of a public highway.

The open container law must apply to a motor vehicle while it is located anywhere on a public highway or the right-of-way of a public highway. The agencies have defined �public highway or the right-of-way of a public highway� to include a roadway and the shoulder alongside of it.

6. Specify primary enforcement.

A state must provide for primary enforcement of its open container law. Under a primary enforcement law, officers have the authority to enforce the law without the need to show that they had probable cause to believe that another violation had been committed. An open container law that provides for secondary enforcement does not conform to the requirements of the regulation.

And here's a graphic of the states (attributed to: By Goldsztajn - File:1950 Border Conference States.svg, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=6591553)

The Federal overlay doesn't constrain the states from enacting even more stringent regulations. For example, the Federal standard deals with public streets, but I think in California, the DMV code makes DUI or reckless driving an offense even on your own property.

[Bud]

Originally Posted by cruising7388

The Federal overlay doesn't constrain the states from enacting even more stringent regulations. For example, the Federal standard deals with public streets, but I think in California, the DMV code makes DUI or reckless driving an offense even on your own property.

i have had one sobriety test, 1997. I was not driving, parked in a field in a passenger car with the dome light on reading a John Grisham novel, The Partner. Only time I slept in a car overnight.

The key was in the ignition.

Bud

[avanti]

Originally Posted by Bud

i have had one sobriety test, 1997. I was not driving, parked in a field in a passenger car with the dome light on reading a John Grisham novel, The Partner. Only time I slept in a car overnight.

The key was in the ignition.

Bud

Heh. I just had my first one a couple of months ago. It was in Iceland, where they take DUI very seriously. It was 9:00AM on a Sunday morning. I was pulling out of a campground in our rented camper. The officers were screening for all-night partiers with a breathalyzer. I now know that 2 beers + 1 night's sleep = "no alcohol found"