Open Container

Transporting Alcohol/Open Container

Open and closed containers of all alcoholic beverages are prohibited in all commercial motor vehicles (bus, eighteen-wheeler, dump truck, etc.) except as listed below.

An open container of any alcoholic beverage is prohibited in the passenger area of any motor vehicle (commercial or non-commercial) located on the highway or highway right of way - even if the vehicle is parked except as listed below.

  • If the seal on a container of alcoholic beverage has been broken, it is open.
  •  "Passenger area of a motor vehicle" means the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment.
  • In the case of a station wagon, hatchback or similar vehicle, the area behind the last upright back seat is not considered part of the passenger area.

An open container of a malt beverage (beer, malt liquor, ale, hard lemonade) or unfortified wine (table wine, champagne) is prohibited.

  • In the passenger area of a motor vehicle designed, manufactured and used primarily for transportation of persons for compensation (buses, taxi-cabs, etc.);
  • In the living quarters of a motor home or home car;
  • In a house trailer.

       Note: Open containers of spirituous liquor (bourbon, gin, vodka, etc.), mixed drinks or fortified wine (wine with higher alcohol content, i.e., 17% to 24%, such as sherry or port) in the passenger area of any motor vehicle is always unlawful.

The amount of unopened alcoholic beverage which may be transported without a permit is as follows:

  • Not more than 80 liters of malt beverages, other than draft malt beverages in kegs;
  • Any amount of draft malt beverages in kegs;
  • Not more than 20 liters of unfortified wine;
  • Not more than eight liters of either fortified wine or spirituous liquor, or eight liters of the two combined.

 

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