Drinking in a car- legal?

shane86

Something I was wondering. When in a car on your way out for the night and your havin a can (being the passenger I mean) its always customary to be cautious e.g. when passing the cops you dont start drinking it infront of them, because we assume its illegal. My question being

Is it?

Is it actually illegal to drink alcohol whilst a passenger in a moving car, or for some reason has everyone always just assumed it is? What about on a privately hired coach when the driver says hes got no problem with it?

Heisenberg.

This post has been deleted.

Bard

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.


T.Sc.

Can you quote an official source of legislation for this?

Irishpimpdude

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.


T.Sc.

If so why are people in limos allowed drink?

Heisenberg.

This post has been deleted.

Sparky

I would assume as long as the driver of the vehicle is not drinking. Of course the gardai have every right to stop you and check the driver if he/she has been drinking as a precaution.

It would be suspicious anyway, as a gaurd would have to assume the can is being passed around.

E@gle.

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.


T.Sc.

i always thought that

chrismon

Irishpimpdude wrote:

If so why are people in limos allowed drink?

mabey they aren't?

MrJoeSoap

The Scientist wrote:

No.

T.Sc.

Can you tell us how you know this then?

Del2005

http://oasis.gov.ie/health/alcohol_and_drug_treatment_services/alcohol_and_the_law.html

While there is no national legislation prohibiting drinking in public, each local authority area is entitled to pass bye-laws prohibiting the consumption of alcohol in a public place. Contact your local authority to find out about these bye-laws in your area.

I presume they could get you under this if they wanted to, thats assuming the no drinking in public spaces law is in force.

One thing to be aware of though is if you are the full licence holder in a car with a provisional licence holder you may get done, as technically your in control of the car. I stand open to correction on this.

Thrill

Maybe someone on the legal forum might know the answer to this one. I wouldn't mind knowing the answer to it myself, out of interest.

Heisenberg.

This post has been deleted.

MrJoeSoap

The Scientist wrote:

No.

T.Sc.

Fair enough, so you guessed or made it up?

Healio

Del2005 wrote:

http://oasis.gov.ie/health/alcohol_and_drug_treatment_services/alcohol_and_the_law.html

While there is no national legislation prohibiting drinking in public, each local authority area is entitled to pass bye-laws prohibiting the consumption of alcohol in a public place. Contact your local authority to find out about these bye-laws in your area.

I presume they could get you under this if they wanted to, thats assuming the no drinking in public spaces law is in force.

Would the car not be considered private property, i.e. you wouldnt be drinking in public unless you stepped out of the car holding a can/glass/bottle?

Heisenberg.

This post has been deleted.

Wishbone Ash

The Scientist wrote:

An educated guess though. My mate got stopped in west Cork drinkin a can in a moving car(passenger seat) and got fined.

T.Sc.

I can't see how it could be illegal. Drinking a cold can of beer is arguably a lot safer than a hot beverage. Your mate may have got fined for something else. For example, prior to the introduction of the mobile telephine ban, a driver using one could be convicted of dangerous driving.

JohnCleary

Not too sure about your question, but...

If a car is involved in a crash, and one of the passenger's is drunk, or if there is drink in the car, it is considered an "Alcohol related accident" ... FACT!

Wishbone Ash

JohnCleary wrote:

If a car is involved in a crash, and one of the passenger's is drunk, or if there is drink in the car, it is considered an "Alcohol related accident" ... FACT!

That means nothing - what about all the taxis ferrying drunks home every night?

Ro: maaan!

I have no proof. But I always assumed that it was legal to have an open can/bottle only if it wasn't in the same section as the driver. ie in limos there's a partition between the driver and the back seats. Same with that mobile pub/venue.

gurramok

Colin Farrell in his Castlenock days was fined by a garda for having a full pint glass whilst sitting in the drivers seat of car despite keys in ignition not having car running.

So yes after i read about that publicised case , it stuck with me and i would agree that it would be illegal for the driver.

maxi-twist

Yeah,im pretty sure theres some legislation involving keys in the ignition.If u dont have them in its legal,but if you do (even if the engine isnt on) its illegal.
Not 100% but around 79%

JohnCleary

maxi-twist wrote:

Yeah,im pretty sure theres some legislation involving keys in the ignition.If u dont have them in its legal,but if you do (even if the engine isnt on) its illegal.
Not 100% but around 79%

Thought that only had to do with the driver?

ie. If the driver is sitting the the driver seat and is drunk, but no keys in ignition, it's fine.

However, if keys are in ignition it's 'Drunk in charge of a veichle' ... Heard about people getting done like this before? The punishment isin't as severe as drunk driving, but it's still a ban off the roads

Infact, I know of someone it happened to. Guy had his car parked on a public road, decided to sleep in the car when he got back to it, left the keys in the ignition, got woken up by a Guard, arrested and banned off the roads (not sure how long for) for 'being drunk and in charge of a veichle' ... Poor b4stard, I feel for him because he didn't actually drive the car. I don't know him personally, friend of a friend. Decent fella too, represented Ireland in the last Olympics would you believe!

xzanti

Yeah I often pondered this, if you can drink a certain amount without being over the legal limit, a half a pint or whatever your capacity, if you drank that half a pint or can or whatever behind the wheel would you be done, even though its not going to put you over the limit???

Victor

maxi-twist wrote:

Yeah,im pretty sure theres some legislation involving keys in the ignition.If u dont have them in its legal,but if you do (even if the engine isnt on) its illegal. Not 100% but around 79%

If you have the keys and are touching the car, thats enough for drunk in charge of a vehicle.

rubadub

Sparky-s wrote:

It would be suspicious anyway, as a gaurd would have to assume the can is being passed around.

Thats like saying all designated drivers should be assumed to have been drinking in a pub. Can't remember ever seeing people "passing a can around", past the age of 15.

What is the reasoning behing this alleged law? It is OK to be absolutely pissed in a car, there are many government ads telling you to do this. So I could be ranting and raving ****faced in the front of a car, yet could not have a sip of beer in the back, first sip in weeks? makes no sense.

Mr Magnolia

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.

QFT

irishpimpdude wrote:

If so why are people in limos allowed drink?

Permits i think??

petes

Sparks400 wrote:

QFT

Still nothing to back that statement up.

Mr Magnolia

petes wrote:

Still nothing to back that statement up.

Ring the Garda

godtabh

In alot of american states its illegal to have open drink containers in a car. I got stopped on the way to Vegas with a few lads.

But as far as I know its not here. As long as your not in charge of what ever your driving you can drink. But I cant find anything to back this up

MrJoeSoap

Sparks400 wrote:

Ring the Garda

Or you could tell us how you "know" ?

petes

I searched and couldn't find anything to say you can't.

connundrum

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.


T.Sc.

So, for all intents and purposes could one sit in the passenger seat drinking out of a screw-cap bottle?

The fact that there is no legislation would lead me to believe that the action taken against you will depend on what Guard stops you ie. you could be fined, or he/she could see it as being harmless and let you on.

Mr Magnolia

OK, I've just spent 10 minutes on the phone being transferred from to the Department of Justice to the Department of Transport and back again. Basically there is no law to state that: It is illegal to have any open container containing alcohol whilst traveling in any automotive vehicle.


The law exists in the US but not here....

MrJoeSoap

Right, case closed so.

subway

can you get that in writing on official paper?
i want one for my dashboard....

connundrum

Sparks400 wrote:

The law exists in the US but not here....

Wohooo!! I feel much better with that knowlege tucked under me arm now..

/off to find a car-sized keg of Stella

Ro: maaan!

So the question now is does being in a car fall under the heading of "public". It's not your land. Just your car. Surely it still counts as public. Otherwise you could get a cardboard box, stand in it, and drink anywhere, assuming it's your box. (Might be an idea.)

faceman

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.


T.Sc.

This is the law is most US states but not in ireland. I not sure if there is anything in the legislation in ireland, have been trying to check it out but i know for deffo it is illegal to consume alcohol on public transport.

MrJoeSoap

faceman wrote:

This is the law is most US states but not in ireland. I not sure if there is anything in the legislation in ireland, have been trying to check it out but i know for deffo it is illegal to consume alcohol on public transport.

Aren't you allowed drink on trains?

faceman

MrJoeSoap wrote:

Aren't you allowed drink on trains?

true but i dont know why! but buses and taxis are deffo no no.

shane86

Sparks400 wrote:

Ring the Garda

Ive known of guards who dont know the age of consent, how in the **** would they work out this grey area.

Yeah Joe, apparently they sell draught beer on the intercity trains like Cork to Dublin. Id say its a- overpriced and b- forbidden, for monopoly reasons, to drink your own cans

**** them

MrJoeSoap

I've often drank my own cans on Intercity trains, in front of ticket inspectors, and nothing was said.

faceman

MrJoeSoap wrote:

I've often drank my own cans on Intercity trains, in front of ticket inspectors, and nothing was said.

probably cos they would rather not have the agro imho

Ruu_Old

MrJoeSoap wrote:

I've often drank my own cans on Intercity trains, in front of ticket inspectors, and nothing was said.

"Ticket please"
"WHAH DID YOU SAY ABOUT ME MA!" *hic*:mad:

MrJoeSoap

faceman wrote:

probably cos they would rather not have the agro imho

I dunno, I've a feeling it might be legal... its just a feeling though! Surely if they can serve beer then I can drink my own (unlike a pub).

faceman

MrJoeSoap wrote:

I dunno, I've a feeling it might be legal... its just a feeling though! Surely if they can serve beer then I can drink my own (unlike a pub).

drinking your own beer may not be illegal on a train but im sure its against the conditions of travel. The reasoning being that the staff cant monitor your intoxication levels if you drinking your own alcohol

MrJoeSoap

Actually, now that I think of it, there was a guy on the train I got home from Drumcondra on Friday drinking a can, and the "Railway Security" dudes in their big black outfits didn't say anything to him.

These are the same lads I saw at my local station strictly enforcing the "Stand Behind The Yellow Line" rule...

Rb

Any time I've drank on the train (my own drink brought on) there was never a problem.

I'm unsure of any legislation in the matter anyway, I've always thought it was illegal to drink in a car, as a passenger, but I don't even know where I got the idea! That said, one time myself and a few friends had a bit of drink left before heading in to town, took it out in the taxi and the driver said grand, but to put the cans on our laps/ out of sight whenever we weren't moving. Funnily enough he ended up speeding and we got pulled over by the Gardaí, but luckily threw the cans out the door before we pulled in.
I think he'd of gotten in quite a lot of trouble if we'd been caught though.

It may have to do with the vehicle itself, as has been said Limo drivers are partitioned from the passengers, as are train drivers, but cars/coaches have no such partitioning, so it could be dangerous if people are drunk i.e they could distract the driver or perhaps prevent the driver from driving safely, which they'd be less likely to do sober.

I dunno!

denm

drink away, yer grand. its not the usa we live in.

Ro: maaan!

As faceman said, it may be against Irish Rail's rules to drink your own drink on a train, but if they're selling drink (for people to have on the train) then it can't be illegal.

Capt'n Midnight

Then again it's a lot harder for a drunk on a train to distract the driver to such an extent that his steering is affected.

can you still buy drink on a train on Good Friday ?
and what are opening hours and last orders ??

I have a great idea for a late night DART service, running back and forth !

What's the story on the LUAS ?