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Topic: Open container laws

Posted By: thehoosier on 07/24/08 07:35pm

What is the general rule of thumb concerning open containers in a MH ? I'm not talking about driver , just passengers . I've looked on line at some states and I can't really find any good answers to the question .


Posted By: JFG on 07/24/08 07:38pm

Anything behind the backrest of the drivers seat is considered to be in the "house" , same as drinking at home.

* This post was edited 07/24/08 08:02pm by JFG *


Fred



Posted By: rv2go on 07/24/08 07:48pm

It is going to vary to some degree by each state. I did a google and found THIS


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Posted By: thomasinnv on 07/24/08 07:50pm

while it is moving it is considered a "motor vehicle" and all the laws apply. if there is a bottle of liquor in the cabinet, that's fine, but if someone is sitting on the couch drinking a beer while you are motoring down the highway, expect a ticket, you are breaking the law.


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Posted By: D_Thadd on 07/24/08 08:00pm

thomasinnv wrote:

while it is moving it is considered a "motor vehicle" and all the laws apply. if there is a bottle of liquor in the cabinet, that's fine, but if someone is sitting on the couch drinking a beer while you are motoring down the highway, expect a ticket, you are breaking the law.


Are you sure about that? I thought it was like a limo where you could have open containers if you were not in the front area.


Dana

Patiently waiting for my next RV trip.


Posted By: The Texan on 07/24/08 08:05pm

D_Thadd wrote:

thomasinnv wrote:

while it is moving it is considered a "motor vehicle" and all the laws apply. if there is a bottle of liquor in the cabinet, that's fine, but if someone is sitting on the couch drinking a beer while you are motoring down the highway, expect a ticket, you are breaking the law.


Are you sure about that? I thought it was like a limo where you could have open containers if you were not in the front area.
A snippet from the link provided by RV2GO;

"Some states passed statutes that are extremely restrictive (i.e., you cannot
carry any bottle, container or can on which the 'seal' has been broken) in
ANY part of the vehicle that a driver could access (including the glove
compartment). Others take a more sensible approach, and permit containers
to be kept inside a locked glove box. Some states (e.g. Alabama), make the
offense a minor offense with only a $25 fine. (See Alabama statute below)"



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Posted By: JFG on 07/24/08 08:05pm

Thomas is ... maybe wrong. Limo example is good one To quote law..."Covers the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver while in their seats;

"While in their seats... the refer is hard to reach while in your seat.


Posted By: The Texan on 07/24/08 08:12pm

Thomas was right, here is the section of the law that he was thinking about;

Apply to all vehicle occupants except for passengers of vehicles designed, maintained or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines) or the living quarters of motor homes.


Posted By: D_Thadd on 07/24/08 08:16pm

The Texan wrote:

Thomas was right, here is the section of the law that he was thinking about;

Apply to all vehicle occupants except for passengers of vehicles designed, maintained or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines) or the living quarters of motor homes.


No, I think he is wrong. It says except for passengers of vehicles designed, maintained or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines) or the living quarters of motor homes.


Posted By: HIDEOUT on 07/24/08 08:31pm

I think it's up to the cop that pulls you over. Chances are pretty slim you would get caught and if you did get pulled over I'm sure you'd have plenty of time to put it away. Also, whats the harm if the passenger is drinking in the living quarters. I guess if you really need a drink, you could hide in the bathroom
Just please don't get sick in our motorhome.


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Posted By: cableguy574 on 07/24/08 09:03pm

In Florida over 30' the passgers can drick in a RV. Just not the driver


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Posted By: rockylarson on 07/25/08 07:39am

HIDEOUT wrote:

I think it's up to the cop that pulls you over.

My father taught me long time ago that the roadside is not the place to debate the finer points of the law with the officer that just pulled me over. I might be right,just not right then nor right there. Do you really want to stick around long enough to have a judge make the decision?


Posted By: michelb on 07/25/08 07:42am

FWIW, I asked the police in Ontario, Canada the same question and they told me that open container laws apply to motorhomes as well. He said that if there is no physical barrier between the driver and the open container, you can get charged (limos are ok since they have a window that can be closed off so I guess technically someone could legally drink in the bathroom or rear bedroom of a motorhome as well).

However, in the end he also said that if the shades are down and the passengers behind the driver have open containers, you wouldn't get any problems. If you get stopped, just put the containers in the fridge (hint, hint).


Posted By: Sea Dog on 07/25/08 07:46am

If you cannot wait until the RV is set up for the evening to have a drink, you have a bigger problem than being stopped by a cop.


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Take a vacation.


Posted By: grldst on 07/25/08 09:12am

Why do some people have such a stigma when it comes to booze? I guess its because alcohol handles them and they can't handle alcohol. The controlled consumption of alcohol is one of life's great enjoyable pastimes.

Enroute to races, fishing trips the passengers often enjoy themselves with their favortie beverage...some contain alcohol. The driver is never allowed to drink an alcohol beverage while in motion. Common sense prevails.


Posted By: tpharleyguy on 07/25/08 10:06am

Sea Dog wrote:

If you cannot wait until the RV is set up for the evening to have a drink, you have a bigger problem than being stopped by a cop.



The best response of all. I don't allow anyone to drink until the jacks are down and slides out.


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Posted By: PineKap on 07/25/08 11:10am

Wouldn't it be best to just call your local Police or Highway patrol office and ask them?

Kevin


Posted By: tombabbit on 07/25/08 11:15am

tpharleyguy wrote:

Sea Dog wrote:

If you cannot wait until the RV is set up for the evening to have a drink, you have a bigger problem than being stopped by a cop.

The best response of all.

I agree.


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2007 Jeep Wrangler


Posted By: Pangaea Ron on 07/25/08 11:23am

D Thadd has the correct interpretation.

When we have rented MH's in the past, they said... indicating a line behind the driver's seat. This is the car, and behind the driver's seat is the house... you can drink in the house, but not in the car.

I've talked with a WSP friend that said the same thing, but he also said that he could probably find something else to talk to you about.

Keep the curtains closed.


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Posted By: Diggin on 07/25/08 01:30pm

grldst wrote:

Why do some people have such a stigma when it comes to booze? I guess its because alcohol handles them and they can't handle alcohol. The controlled consumption of alcohol is one of life's great enjoyable pastimes.

Enroute to races, fishing trips the passengers often enjoy themselves with their favortie beverage...some contain alcohol. The driver is never allowed to drink an alcohol beverage while in motion. Common sense prevails.


Common sense? And without government intervention? Brilliant concept. Seems to be a lost art, however.


--kev


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Posted By: CSpenceFLY on 07/25/08 01:37pm

I always love these threads. They are so informative and entertaining. Almost like the Wal-Mart threads.


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Posted By: RetiredbutWorking on 07/25/08 01:41pm

Info provided by the State Bar of Texas, a person commits an open container offense by possessing an open container in the passenger area of a motor vehicle regardless of whether the vehicle is being operated or is stopped or parked. There is an exception for people who are passengers in a bus, taxi, or limousine; or who are in the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, motor home, or recreational vehicle.


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USAF, Retired


Posted By: hohenwald48 on 07/25/08 02:54pm

In Tennessee, anyone except the driver can have an open container. Motorhome, limo or regular passenger car, doesn't matter. They are trying to change the law but for now that's the way it is.


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Posted By: C5man on 07/25/08 09:32pm

I drive and my wife navigates. Neither one of us can afford to drink while we are on the job. Plus, I would never want to drive with a bunch of drinkers in back where there probably are no seat belts anyway. Plenty of time for a snort or a brew when the jacks are down, so as far as I'm concerned, the law is a mute point. Probably get flamed for this, but bring it on... I say no alchohol while en route for anyone.


Posted By: The Texan on 07/25/08 09:49pm

The open container law applies to all vehicle occupants, except for passengers of vehicles designed, maintained or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines) or the living quarters of motor homes.

Currently, 36 States and the District of Columbia comply with the terms of this law. These States are: Alabama, Arizona, California, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Washington, and Wisconsin.

What is so hard to understand about the bold part above? The law says that passengers in a Limo, buses, taxi cab and living quarters of motor homes are exempt from the open container law. Nothing hard to understand on my part.


Posted By: Pangaea Ron on 07/26/08 10:27am

What he said!


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