Is it legal for a passenger to consume alcohol?

Post by **yorky** » Sat Jul 05, 2008 12:21 pm

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.

Post by **jasonjag** » Sat Jul 05, 2008 1:09 pm

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

Post by **Tyranus** » Sat Jul 05, 2008 1:27 pm

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.

bomber · Post by **bomber** » Sat Jul 05, 2008 1:44 pm

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 ????

Post by **jasonjag** » Sat Jul 05, 2008 1:53 pm

[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.

Post by **jasonjag** » Sat Jul 05, 2008 1:55 pm

[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.

Post by **Toottoot** » Sat Jul 05, 2008 2:10 pm

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 · Post by **phreak** » Sat Jul 05, 2008 3:14 pm

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

Post by **yorky** » Sat Jul 05, 2008 3:27 pm

I'd personally like to have paper proof on this.

Post by **robbage** » Sat Jul 05, 2008 3:39 pm

It is illegal to have alcohol in a limo according to a limo driver. I guess he'd know.

Post by **jasonjag** » Sat Jul 05, 2008 3:47 pm

[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.

Post by **yorky** » Sat Jul 05, 2008 3:59 pm

No I didn't get caught.

Leigh · Post by **Leigh** » Sat Jul 05, 2008 4:01 pm

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.

Post by **Toottoot** » Sat Jul 05, 2008 4:11 pm

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] · Post by **Clontarf[X]** » Sat Jul 05, 2008 4:47 pm

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...

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