SF0027 - Motor vehicles-open containers.
2001 |
State of Wyoming |
01LSO-0042.E1 ENGROSSED |
SENATE FILE NO. SF0027
Motor vehicles-open containers.
Sponsored by: Senator(s) Roberts, Boggs, Erb, Geis, Job,
Massie, Meier, Peck and Scott and
Representative(s) Johnson, W., McMurtrey,
McOmie, Nelson, Osborn and Ross
A BILL
for
1 AN ACT relating to motor
vehicles; prohibiting
2
transportation and possession of alcoholic beverages in
3
motor vehicles as specified; providing definitions and
4
exceptions; providing a penalty; and providing for an
5
effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 31-5-235 is created to read:
10
11 31-5-235. Transportation and
possession of alcoholic
12 beverages in opened containers prohibited;
definitions;
13 exceptions; penalty.
14
15 (a) As used in this section:
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1
2 (i) "Alcoholic
beverage" means alcoholic liquor
3
or malt beverage as defined in W.S. 12-1-101(a)(i), (vii)
4
and (x);
5
6 (ii) "Recreational
vehicle" means a self-
7
propelled vehicle designed primarily with living quarters
8
for recreational, camping, vacation or travel use but
9
excludes any vehicle which does not have plumbing and an
10 electrical system which operates
above twelve (12) volts.
11
12 (b) No person
shall transport or possess any
13 alcoholic beverage in a vehicle on a
public street or
14 public highway unless the beverage
is:
15
16 (i) In the original
unopened package or
17 container, the seal of which has not
been broken and from
18 which the original cap, cork or
other means of closure has
19 not been removed;
20
21 (ii) In the
trunk or any other outside
22 compartment of the vehicle which is
not readily accessible
23 to any person in the vehicle while
the vehicle is in
24 motion;
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1
2 (iii) In the
unoccupied back of a pickup truck
3
out of reach of the driver even though access is available
4
through a window; or
5
6 (iv) In an
unoccupied rear compartment of a
7
vehicle not equipped with a trunk or other outside
8
compartment and the rear compartment is not readily
9
accessible to the driver and not normally occupied by
10 passengers while the vehicle is in
motion.
11
12 (c) This
section shall not apply to any passenger in
13 a chartered bus designed to carry
more than ten (10)
14 persons or a chartered limousine
when the vehicles are
15 being used for the transportation of
passengers, or to any
16 occupant in the living quarters of a
recreational vehicle.
17 The driver of any bus, limousine or
recreational vehicle is
18 prohibited from consuming or having
any alcoholic beverage
19 in or about the driving area of the
vehicle.
20
21 (d) This
section shall not apply to any driver who is
22 not drinking an alcoholic beverage
while operating the
23 motor vehicle even though another
occupant of the motor
24 vehicle may be in violation of this
section.
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1
2 (e) Any person violating this section shall:
3
4 (i) For a first
conviction or a subsequent
5
conviction not occurring within one (1) year after the
6
first conviction, be punished by a fine of not more than
7
two hundred dollars ($200.00);
8
9 (ii) For a
second conviction within one (1) year
10 after the first conviction, be
punished by a fine of not
11 more than three hundred dollars
($300.00) or by
12 imprisonment for not more than
thirty (30) days, or both;
13
14 (iii) For a third
or subsequent conviction
15 within one (1) year after the first
conviction, be punished
16 by a fine of not more than five
hundred dollars ($500.00)
17 or by imprisonment for not more than
six (6) months, or
18 both.
19
20 Section 2. This act is effective July 1, 2001.
21
22 (END)
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