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Thread: Open Container

  1. #1

    Default Open Container

    Is it illegal for passengers in the "home" part of the RV to possess an open container
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  2. #2

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    Quote Originally Posted by Doug from Anchorage View Post
    Is it illegal for passengers in the "home" part of the RV to possess an open container
    I would recommend contacting either APD or the Alaska State Troopers to get their take on something like this.

  3. #3
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    Default

    I agree with anchskier, ask law enforcement. Here is the statute for some general guidance though. Based on what I see below, I'm thinking the answer will be yes, it would be illegal as the back area is also part of the "passenger compartment".



    AS 28.35.029. Open Container.

    (a) A person may not drive a motor vehicle on a highway or vehicular way or area, when there is an open bottle, can, or other receptacle containing an alcoholic beverage in the passenger compartment of the vehicle, except as provided in (b) of this section.
    (b) Except as provided in AS 28.33.130 , a person may transport an open bottle, can, or other receptacle containing an alcoholic beverage
    (1) in the trunk of a motor vehicle;
    (2) on a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the open bottle, can, or other receptacle is enclosed within another container;
    (3) behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or
    (4) if the open bottle, can, or other receptacle is in the possession of a passenger in a motor vehicle for which the owner receives direct monetary compensation and that has a capacity of 12 or more persons.
    (c) In this section
    (1) "alcoholic beverage" has the meaning given in AS 04.21.080 (b);
    (2) [Repealed, Sec. 29 ch 3 SLA 1992].
    (3) "motor vehicle" means a vehicle for which a driver's license is required;
    (4) "open" includes having a broken seal;
    (5) "passenger compartment" means the area normally occupied by the driver and passengers and includes a utility or glove compartment accessible to the driver or a passenger while the motor vehicle is being operated.
    (d) A person who violates (a) of this section is guilty of an infraction.

  4. #4
    Member Derby06's Avatar
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    Probably opening myself up to get flamed, but I would do it and long as the folks wern't completly beligerent drunk. Just don't see the big deal.
    Intrepreting AS 28.35.029. is a little open too:
    (b) (2)person may transport an open bottle, can, or other receptacle containing an alcoholic beverage behind the last upright seat in a motor home. Where is the last upright seat???

  5. #5

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    If your of age and behind the drivers seat drink responsibly. It's a "motor home" and is no different then a fancy limo hauling rich drinking people around.

  6. #6
    Member theultrarider's Avatar
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    Yes it is different. The limo is for hire with a paid professional driver. It is illegal to have an open bottle in a motorhome. Yes. It is also common place for it to happen.

  7. #7
    Member Rob B's Avatar
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    Derby06, You forgot to include a key part of that statute in the last half of the sentence.

    (2) on a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the open bottle, can, or other receptacle is enclosed within another container;
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  8. #8
    Member 4merguide's Avatar
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    Quote Originally Posted by Derby06 View Post
    ......Just don't see the big deal.
    Bet the troopers have heard that a time or two.......
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