Is it legal for a passenger to consume alcohol?

News, meet-ups, general questions, emergency services procedures etc

Moderators: vk6hgr, Zebedee

yorky
Moderator
Moderator
Posts: 2633
Joined: Tue Sep 13, 2005 7:46 pm
Location: Perth

Is it legal for a passenger to consume alcohol?

Post by yorky »

Quick question, is it legal for a passenger of a private vehicle to consume/have an open container? I'm aware most states in the US you can't but was wondering about here in Aus.

Thank you.
"VKI, NJ050 will you be attending the job?"
"Negative VKI, my desk is bolted to the floor".
WARSUG General Scanning Moderator
jasonjag
Banned
Posts: 1093
Joined: Sun Jan 27, 2008 6:12 pm

Drinking

Post by jasonjag »

To the best of my knowledge it is illegal for passengers to consume Alchol in any vehicle (which is the drivers responsibilty) and it is illegal for the driver to consume any beverage including water whilst driving, as you have to tilt head back and can lose vision or consentration. jj
Tyranus
Moderator
Moderator
Posts: 3746
Joined: Sun Feb 18, 2007 5:41 pm
Amateur callsign: VK6FWDH
Scanners and Receivers: UBC93XLT
Location: Helena Valley
Contact:

Re: Drinking

Post by Tyranus »

jasonjag wrote:To the best of my knowledge it is illegal for passengers to consume Alchol in any vehicle (which is the drivers responsibilty) and it is illegal for the driver to consume any beverage including water whilst driving, as you have to tilt head back and can lose vision or consentration. jj
Have to tilt your head back...maybe for a cup or a can of coke or something but out of a water bottle or with a straw or bottle of coke you shouldn't have to.
Stirling SES
Team Leader (Stirling 53)
Vertical Rescue Team Member
K9 7 Support

VK6FWDH
ex-Darlington FB
WARSUG Demi-God I mean Mod
If stupidity got me into this mess, why can't it get me out.
Image
bomber
WARSUG top poster
WARSUG top poster
Posts: 925
Joined: Fri Jan 26, 2007 11:39 am

Re: Drinking

Post by bomber »

jasonjag wrote:To the best of my knowledge it is illegal for passengers to consume Alchol in any vehicle (which is the drivers responsibilty) and it is illegal for the driver to consume any beverage including water whilst driving, as you have to tilt head back and can lose vision or consentration. jj
How come you can drink alcohol in Party buses and limos then as a passenger ????
jasonjag
Banned
Posts: 1093
Joined: Sun Jan 27, 2008 6:12 pm

Re: Drinking

Post by jasonjag »

[quote="Tyranus"][quote="jasonjag"]To the best of my knowledge it is illegal for passengers to consume Alchol in any vehicle (which is the drivers responsibilty) and it is illegal for the driver to consume any beverage including water whilst driving, as you have to tilt head back and can lose vision or consentration. jj[/quote]

Have to tilt your head back...maybe for a cup or a can of coke or something but out of a water bottle or with a straw or bottle of coke you shouldn't have to.[/quote]

I Phoned Police Traffic Dept, as I said in 1st post is correct, ( was quoted) Drinking Alchol, meaning driver and or passenger in a public place, that includes on any road or street is illegal. . re driver drinking anything (inc water) is illegal, whilst in command of any motor vehicle. (private place), ie parked in a drive way or back yard, is legal.,my original quote is totally correct. That applies to all types of motor vehicles, buses, trains, what ever. is illegal.
Last edited by jasonjag on Sat Jul 05, 2008 1:58 pm, edited 1 time in total.
jasonjag
Banned
Posts: 1093
Joined: Sun Jan 27, 2008 6:12 pm

Re: Drinking

Post by jasonjag »

[quote="bomber"][quote="jasonjag"]To the best of my knowledge it is illegal for passengers to consume Alchol in any vehicle (which is the drivers responsibilty) and it is illegal for the driver to consume any beverage including water whilst driving, as you have to tilt head back and can lose vision or consentration. jj[/quote]

How come you can drink alcohol in Party buses and limos then as a passenger ????[/quote]

Legally no.
Toottoot
Banned
Posts: 1151
Joined: Mon Sep 03, 2007 9:48 am

Post by Toottoot »

While it may be located in a public place, a party bus could be argued to not be considered a public place - if the public can't see in or get in.
phreak
150+ posts
150+ posts
Posts: 290
Joined: Thu Sep 27, 2007 2:34 pm
Location: Gosnells

Post by phreak »

Toottoot wrote:While it may be located in a public place, a party bus could be argued to not be considered a public place - if the public can't see in or get in.
may be why a vast majority of them have very tinted windows? but try using that argument when a cop pulls you over for your mate drinking booze in the car. 'look mate, my windows are really tinted and you can't see in... so its all goooood maaaateee'
haha
CDC Fire Rescue - Volunteer Firefighter
A52 - Volunteer Firefighter
yorky
Moderator
Moderator
Posts: 2633
Joined: Tue Sep 13, 2005 7:46 pm
Location: Perth

Post by yorky »

I'd personally like to have paper proof on this.
"VKI, NJ050 will you be attending the job?"
"Negative VKI, my desk is bolted to the floor".
WARSUG General Scanning Moderator
robbage
Moderator
Moderator
Posts: 2993
Joined: Sat Feb 09, 2008 10:06 am
Amateur callsign: VK6UFO_VK6RN
Scanners and Receivers:  
Scanners/receivers
Diamond Welz WS1000 wideband handheld
Radioshack Pro 28 handheld
Uniden UBC72XLT handheld
Uniden UBC73XLT handheld
Uniden UBC330CRS desktop

Two-way
Yaesu VX-3R 2m/70cm Ham TRX and wideband RX handheld
Yaesu FT-1802M 2m Ham TRX mobile x 2
Yaesu FT-7800R 2m/70cm Ham TRX and wide band RX mobile
Icom IC-208H 2m/70cm Ham TRX and wide band RX mobile
Icom IC-706MKIIG all-band all-mode Ham TRX mobile
Icom IC-V85 2m VHF Ham TRX handheld
Wouxun KG-UVD1P VHF/UHF wideband Ham TRX handheld
Wouxun KG-679P VHF wideband Ham TRX handheld
Wouxun KG-713 UHF wideband Ham TRX handheld
Location: Just on the border of your waking mind

Post by robbage »

It is illegal to have alcohol in a limo according to a limo driver. I guess he'd know.
Rob
OF78WD
 Amateur moderator
.
Arguing with a fool proves there are two
jasonjag
Banned
Posts: 1093
Joined: Sun Jan 27, 2008 6:12 pm

get copy

Post by jasonjag »

[quote="yorky"]I'd personally like to have paper proof on this.[/quote]

Then go to Police traffic branch and get it.

why the question, did you get caught ?? jj

Thats good you didnt get caught, just wondered ?

Some police would be easy going and like posted, asked to tip it out. not worth writing it up.
Last edited by jasonjag on Sat Jul 05, 2008 4:20 pm, edited 1 time in total.
yorky
Moderator
Moderator
Posts: 2633
Joined: Tue Sep 13, 2005 7:46 pm
Location: Perth

Post by yorky »

No I didn't get caught.
"VKI, NJ050 will you be attending the job?"
"Negative VKI, my desk is bolted to the floor".
WARSUG General Scanning Moderator
Leigh
150+ posts
150+ posts
Posts: 269
Joined: Wed Sep 27, 2006 2:03 pm
Location: Perth

Post by Leigh »

I was pulled over by TEG a few months ago as they had seen my passenger swigging a beer at the previous set of lights. They made him pour it out and informed us that it was technically "drinking in public".
Didnt get a fine but got a big lecture.
Toottoot
Banned
Posts: 1151
Joined: Mon Sep 03, 2007 9:48 am

Post by Toottoot »

I got pulled over for speeding and was drinking stubby of beer but hid it from the cop and he didn't even smell it. I was brickin it.
Clontarf[X]
Posts: 122
Joined: Mon Mar 10, 2008 1:31 am
Location: UHF 16

Post by Clontarf[X] »

A shining example of responsibility right there lol... :?

Drinking in any public place is illegal (or is that just being intoxicated?). Then it just becomes a matter for the officers discretionary powers...
Post Reply