HB0049 - Motor vehicles-open container law.
2001 |
State of Wyoming |
01LSO-0088 |
HOUSE BILL NO. HB0049
Motor vehicles-open container law.
Sponsored by: Representative(s) Johnson, W., McOmie,
Nelson and Parady
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; exception for municipal ordinance; penalty.
14
15 (a) As used in this section:
16
Page 1
1 (i) "Alcoholic
beverage" means alcoholic liquor
2 or
malt beverage as defined in W.S. 12-1-101(a)(i), (vii)
3 and
(x);
4
5 (ii) "Recreational
vehicle" means a self-
6 propelled
vehicle designed primarily with living quarters
7 for
recreational, camping, vacation or travel use but
8
excludes any vehicle which does not have plumbing and an
9
electrical system which operates above twelve (12) volts.
10
11 (b) No person
shall transport or possess any
12 alcoholic beverage in a vehicle on a public
street or
13 public highway unless the beverage is:
14
15 (i) In the
original unopened package or
16 container, the seal of which has not been
broken and from
17 which the original cap, cork or other means
of closure has
18 not been removed;
19
20 (ii) In the
trunk or any other outside
21 compartment of the vehicle which is not
readily accessible
22 to any person in the vehicle while the
vehicle is in
23 motion;
24
Page 2
1 (iii) In the
unoccupied back of a pickup truck
2 out
of reach of the driver even though access is available
3
through a window; or
4
5 (iv) In an
unoccupied rear compartment of a
6 vehicle
not equipped with a trunk or other outside
7
compartment and the rear compartment is not readily
8
accessible to the driver and not normally occupied by
9
passengers while the vehicle is in motion.
10
11 (c) This
section shall not apply to any passenger in
12 a chartered bus designed to carry more than
ten (10)
13 persons or a chartered limousine when such
vehicles are
14 being used for the transportation of
passengers, or to any
15 occupant in the living quarters of a
recreational vehicle.
16 The driver of any bus, limousine or
recreational vehicle is
17 prohibited from consuming or having any
alcoholic beverage
18 in or about the driving area of the vehicle.
19
20 (d) This
section shall not apply within the
21 boundaries of any incorporated municipality
which has
22 adopted an ordinance prohibiting
transportation or
23 possession of any open container of an
alcoholic beverage
24 in a vehicle on a public street or public
highway.
Page 3
1
2 (e) Any person
violating the provisions of this
3
section shall:
4
5 (i) For a first
conviction or a subsequent
6
conviction not occurring within one (1) year after the
7
first conviction, be punished by a fine of not more than
8 two
hundred dollars ($200.00);
9
10 (ii) For a
second conviction within one (1) year
11 after the first conviction, be punished by a
fine of not
12 more than three hundred dollars ($300.00) or
by
13 imprisonment for not more than thirty (30)
days, or both;
14
15 (iii) For a third
or subsequent conviction
16 within one (1) year after the first
conviction, be punished
17 by a fine of not more than five hundred
dollars ($500.00)
18 or by imprisonment for not more than six (6)
months, or
19 both.
20
21 Section 2. This act is effective July 1, 2001.
22
23 (END)
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