Is it legal for passengers to drink in an RV?

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I think it's pretty simple really. Just keep all booze in the fridge or cabinets out of sight. One should never allow consuming alcohol while any vehicle is in operation. Just plain stupid.

And one must be concerned about other bodies of law...

In Ontario, motorcoaches are violating parts of the Liquor Control Act, by way of the licencing of establishments serving alcohol, etc. By allowing the consumption/serving of alcohol without the appropriate licence... like a bar serving without a licence.

This has been one of those "look the other way" unless there is a problem kind of things. The driver is stuck, as he has liability, but the tip is in jeopardy if he tells the group to stop...

Damned if we do, damned if we don't, the laws do come in handy for putting a stop to foolishness if it breaks out, so having it changed may actually hinder regaining control, for a commercial driver anyhoo...

Easy enough for a busnut, no drinking while underway, no problems.

happy coaching!

Most states seem to leave room for interpretation by the courts, thats why I stressed the difference between an open beer in a cup holder and the opened bottle of brandy in a cabinet, assessability can lead to the presumption of consumption.  Easy solution is to wait till your at your campsite and then relax and open the cooler. Why create a situation that could other wise throw a monkey wrench into your vacation.

In Florida the driver has to have a CDL to carry passengers in order to have passengers drink. Party bus -limo law if you will. Otherwise against the law.

Quote from: niles500 on February 24, 2008, 01:50:56 AM


23225. ...
   (c) This section shall not apply to the living quarters of a
housecar or camper.

23226.  ...
   (c) This section shall not apply to the living quarters of a
housecar or camper.


As I said, California law permits the open containers to be stored in the living quarters.  Here's the code section that is relevant to the OP's question:


Drinking in Motor Vehicle

23221.  (a) No driver shall drink any alcoholic beverage while in a motor vehicle upon a highway.

(b) No passenger shall drink any alcoholic beverage while in a motor vehicle upon a highway.

Amended Sec. 2, Ch. 723, Stats. 1999. Effective January 1, 2000.

Note that Section 23221, which prohibits consumption of alcohol by any person in a vehicle "upon a highway" (what California calls any public road), contains no exemption for "living quarters."  What a police officer chooses to use as evidence of a violation of Section 23221(b) is a matter of his or her judgment, and you'd have to sort it out in court later.  If you are pulled over in California, and the officer finds what amounts to an open container of alcohol in the "constructive possession" of a passenger (such as an open beer in a cup holder), you can and most likely will be cited for a violation of 23221(b).  When you get to court, whipping out the "living quarters" exemption of completely different statues (23225 and 23226) will do you no good whatsoever until you have established that your passenger was not actually drinking at the time, or that whatever the officer used either as probable cause or as prima facie evidence of such consumption was incorrect.
[It has been pointed out to me, below, that section 23229(a) actually does exempt housecar living quarters from 23221(b).]
Many other states have similar legislation:  there are limited exemptions for storage of open containers in the living quarters, but those exemptions, by themselves, do not permit consumption while under way on a public road.



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