Open Container?
Ultimate HDF Member
Joined: Dec 2006
Posts: 5,878
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From: The Desert SouthWest
If it's inaccessible to the driver then it's OK to have. Same as a trunk on a car. You can have an open container in the trunk of your car - a m/c doesn't have a trunk it's got a saddle bag. Add to that the fact that it's a hard bag and it's locked and cannot be accessed without extreme effort and you're OK.
Just to even avoid the topic in the event of a traffic stop, I'd keep the bottle in the OPPOSITE bag from which I kept my registration, insurance card, etc so that when you have to open that bag to obtain those items he won't see a 1/2 bottle of Jack sitting in there.
Just to even avoid the topic in the event of a traffic stop, I'd keep the bottle in the OPPOSITE bag from which I kept my registration, insurance card, etc so that when you have to open that bag to obtain those items he won't see a 1/2 bottle of Jack sitting in there.
Outstanding HDF Member
Joined: Feb 2009
Posts: 2,551
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From: Jacksonville Beach, FL.
However, if it's in your saddlebag...
Just google Open container law.
A person needs to read the statutes for the state in which they live. At least half have similar wording. They all mention car...but not motorcycle...not even motor vehicle as used in other statutes. Most mention "passenger compartment" Locked glove box, or trunk.
I'd be willing to bet that any competent lawyer could get me out of an open bootle ticket even if I had a half bottle of jack stuffed into my jacket, and I did not have my bags on my bike.
Elite HDF Member
Joined: Jun 2009
Posts: 4,640
Likes: 8
From: Corpus Christi,Texas
This is Texas Law change to comply with Federal Law so..................
The New Open Container Law
Alcohol and cars dont mix, period. The Legislature has given law enforcement a much-needed open container law to help us drive that point home.
As of Sept. 1, 2001, it is illegal to possess an open container of alcohol in a motor vehicle. House Bill 5, passed by the 77th Texas Legislature, makes it a Class C misdemeanor to possess an open container of alcohol in the passenger area of a motor vehicle which is on a public highway or the right-of-way adjacent to a public highway.
What is an open container?
Under the new law, an open container is a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that has been opened, that has a broken seal, or the contents of which are partially removed.
What is considered the passenger area of a motor vehicle?
The passenger area is the area of a motor vehicle designed for the seating of the operator and passengers. It does not include a locked glove compartment or a similar storage container that is locked, the trunk of a vehicle, or the area behind the last upright seat of the vehicle if the vehicle does not have a trunk.
The New Open Container Law
Alcohol and cars dont mix, period. The Legislature has given law enforcement a much-needed open container law to help us drive that point home.
Col. Thomas Davis Jr., director of the Texas Department of Public Safety.
As of Sept. 1, 2001, it is illegal to possess an open container of alcohol in a motor vehicle. House Bill 5, passed by the 77th Texas Legislature, makes it a Class C misdemeanor to possess an open container of alcohol in the passenger area of a motor vehicle which is on a public highway or the right-of-way adjacent to a public highway.
What is an open container?
Under the new law, an open container is a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that has been opened, that has a broken seal, or the contents of which are partially removed.
What is considered the passenger area of a motor vehicle?
The passenger area is the area of a motor vehicle designed for the seating of the operator and passengers. It does not include a locked glove compartment or a similar storage container that is locked, the trunk of a vehicle, or the area behind the last upright seat of the vehicle if the vehicle does not have a trunk.
Elite HDF Member
Joined: Jun 2009
Posts: 4,640
Likes: 8
From: Corpus Christi,Texas
s There a Federal Open Container Law?
Open Container laws vary from state to state. However, the federal government has established a program to encourage states to conform their Open Container laws to certain federal standards.
A stateżs Open Container law must meet six standards to fully conform to the federal requirements:
Open Container laws vary from state to state. However, the federal government has established a program to encourage states to conform their Open Container laws to certain federal standards.
A stateżs Open Container law must meet six standards to fully conform to the federal requirements:
- Prohibit possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in a motor vehicle
- Apply to all alcoholic beverages
- Define the passenger area of any motor vehicle as the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment
- Apply to all drivers and passengers in the motor vehicle
- Apply to a motor vehicle while it is located anywhere on a public highway or the right-of-way (e.g., shoulder) of the public highway
- Specify that officers have the authority to stop a vehicle to enforce the Open Container law
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