Anyone who has played the role of the designated driver will know the sensation – you’re driving a friend somewhere because they’re in no state to, but they insist on bringing a drink with them for the drive.
- In some states it’s perfectly wonderful to have a drink while another person drives
- Other states take it seriously – no alcoholic drinks allowed within the automotive in any respect
- Yes, which means “tradie roadies” after work could also be allowed… depending where you reside
Is it illegal for passengers to be in your automotive while drinking alcohol? And might you get in trouble for it, as the driving force? It will depend on where you reside and where you might be within the automotive, because it might be okay in some situations and locations, while in other jurisdictions the penalties could also be severe.
For instance, in Victoria, the law states that “you could not drink alcohol, even in case your blood alcohol concentration stays below your legal limit while driving a motorized vehicle or sitting beside a one that is learning to drive”.
In Victoria: “Passengers will not be prohibited from drinking alcohol in a vehicle. Nevertheless, it is suggested that passengers don’t engage in drinking, as drunk passengers could distract a driver.”
In Latest South Wales there’s no law that states that passengers mustn’t drink while in a automotive, and neither is there any apparent rules for drivers with regards to carrying passengers who’ve been drinking, are drunk, or are still drinking.
A NSW Courts website states that alcohol in cars laws “only refers to drivers, so there’s currently no restriction on passengers drinking alcohol while in a automotive”.
In the event you’re planning on taking public transport (train, bus, ferry and even taxi) you aren’t allowed to devour alcohol while riding – and also you’re not allowed to be in possession of an open container of alcohol. It’s value abiding by that rule – you possibly can be fined as much as $1100.
South Australia doesn’t have a selected note in its state laws about passengers drinking in a automotive.
In Queensland, Police Media has stated on public sites that drivers can “receive a wonderful for consuming liquor while driving, and passengers will also be fined for consuming liquor in a vehicle because it is deemed a public place”.
In Western Australia, passengers and the driving force will be fined as much as $2000 for drinking. This is applicable to vehicles, including party buses!
WA Police posted a warning of such on Facebook in 2021: “Don’t make your trip on a celebration bus dearer than you planned. You can’t drink alcohol in any vehicle on a road, unless it’s licensed or exempted. In the event you do, each you and the driving force will be fined $2000.”
The Northern Territory doesn’t appear to have specific rules around drinking in a automotive as a passenger, but it surely does suggest that, should you’re planning to drink, “it’s best to plan how you’ll get home, stay overnight or arrange a Sober Bob”. In the event you’ve never heard of a Sober Bob, you would possibly have heard of a delegated driver (dezzy driver) or Sober Sally – someone who’s willing to get you home safely.
Each WA and NT have rules for where alcohol is allowed to be consumed, and where it could possibly be transported to, too. There are multiple “dry communities” within the distant areas which can be alcohol-free zones – and that features alcohol you would possibly have in your automotive or caravan, and large penalties may apply.
Tasmania and the ACT even have laws around alcohol in cars – it’s not allowed to be consumed by the driving force or passengers, and also you’re not presupposed to have open alcohol containers (so, no long-necks or tinnies within the cup holders) within the automotive in any respect.
Not intended as legal advice. Check with the relevant roads authority in your state or territory.
This Article First Appeared At www.carexpert.com.au
