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The law on being a passenger in a car...

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Old 07-05-2008, 03:43 PM
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SimonT
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Default The law on being a passenger in a car...

and drinking a beer.

Is it illegal?
Old 07-05-2008, 03:46 PM
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alan12112
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don't think so pal

How come?
Old 07-05-2008, 03:47 PM
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timb551
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why wouldnt it be legal.

Cant see why having a bottle of beer or a can of coke is any different. as long as the beer doesnt take you over the limit.

cant think that its a paticularly clever move to drink a beer while driving but i wouldnt have thought its illegal
Old 07-05-2008, 03:48 PM
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alan12112
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Why can't the beer take you over the limit?

You are allowed to be quite drunk and be in the passenger seat so I think your wrong on that front unless i've read what you've said incorrectly?
Old 07-05-2008, 03:49 PM
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rssteve
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i think you will find you are not aloud any open alcohol(sp) in a car.
Old 07-05-2008, 03:53 PM
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TurboShed
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Originally Posted by rssteve
i think you will find you are not aloud any open alcohol(sp) in a car.
Yep I think the drink drive law includes something about there being no open containers of alcohol in a car. Stupid if you ask me and impossible to enforce (what if it's a limo and someone in the back opens a drink from the bar!).

But then stupid law enforcement is the British norm.
Old 07-05-2008, 03:55 PM
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I dont htink it is illegal. awhile back someone reported seeing me drinking a can of stella while driving. I wasnt drinking obviouslly but my two mates i had in the car where, and i was holding his open can while parked as he went into the shop.

Police came rocketing up my arse a few mins up the road and pulled us. Smelt my breath and could see i hadnt been drinking but mates where and let us carry on
Old 07-05-2008, 03:56 PM
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timb551
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i wasnt saying that the beer wouldnt take you over the limit i was saying that if you had one bottle of fosters and if your body can cope with that then it wouldnt take you over the limit and as such not be illegal........??
Old 07-05-2008, 03:57 PM
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rssteve
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Originally Posted by Sunil_FiestaRS1800
I dont htink it is illegal. awhile back someone reported seeing me drinking a can of stella while driving. I wasnt drinking obviouslly but my two mates i had in the car where, and i was holding his open can while parked as he went into the shop.

Police came rocketing up my arse a few mins up the road and pulled us. Smelt my breath and could see i hadnt been drinking but mates where and let us carry on
so where did the not illegal part come from? Mabyt he officer does not know the law, or maby as it wasn't a drink drive incident they did not really want the hassle it all.

Im guessing the OP may have been stopped for this, why else would he be asking?
Old 07-05-2008, 04:00 PM
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You can't drink on public transport buses or hired caoches.
Yet you can drink on trains and planes.


A car is not public transport and the police can't do anything unless they are breaking the law. Unless the driver is caused to drive dnagerously through the behaviour of the drinking passengers it is not illegal.
Old 07-05-2008, 04:12 PM
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Originally Posted by m4dyeti
Yet you can drink on trains


Yet under the Railway Byelaws section 4, parts 1, 2 and 3 inclusive says pretty much the opposite unless purchased onboard a train which has alcohol for sale in the rastraunt/bar/buffet/trolly service.


Originally Posted by Railway Byelaw

4. Intoxication and possession of intoxicating liquor
(1) No person shall enter or remain on the railway where such person is unfit to enter or remain on the railway as a result of being in a state of intoxication.

(2) Where reasonable notice is, or has been, given prohibiting intoxicating liquor on any train service, no person shall have any intoxicating liquor with him on it, or attempt to enter such a train with intoxicating liquor with him.

(3) Where an authorised person reasonably believes that any person is unfit to enter or remain on the railway, or has with him intoxicating liquor contrary to Byelaw 4(2), an authorised person may:
(i) require him to leave the railway; and

(ii) prevent him entering or remaining on the railway until an authorised person is satisfied that he has no intoxicating liquor with him and/or is no longer in an unfit condition.


Enforce it at your peril though
Old 07-05-2008, 04:27 PM
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Lee Reynolds
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Originally Posted by timb551
i wasnt saying that the beer wouldnt take you over the limit i was saying that if you had one bottle of fosters and if your body can cope with that then it wouldnt take you over the limit and as such not be illegal........??
but why would it matter if the passenger was over the limit or not?
Old 07-05-2008, 04:29 PM
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Originally Posted by Lee Reynolds
but why would it matter if the passenger was over the limit or not?
exaclty so how do black cabs and taxi drivers take drunk people home?????

what do you have to do wait in town till you sober up
Old 07-05-2008, 04:31 PM
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I can just see Mr black cab pulling out his breatheliser.


Benni.
Old 07-05-2008, 05:17 PM
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A passenger can drink alcohol. Also you can have open or otherwise bottles/cans in the car - it is illegal in America I believe, but not in the UK.

In fact a driver could be swigging beer as he drives and wouldn't be committing a drink drive offence (as long as not over the limit) - although he might commit other offences of not in proper control of the vehicle etc.

The only time a passenger being over the limit is an offence is if the driver is a learner under instruction by the person who is over the limit. In this instant the passenger could be breathalised and prosecuted etc.

Disclaimer - I'm not a traffic pig and in fact I absolutely hate traffic pigs. Just to clear that up.
Old 07-05-2008, 05:31 PM
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in a limo it is also illeagal to drink or eat in the limo as now it is portrayed as a public service vehcile and the drivers passangers will get fined and also the company proprietor could also be fined and even a prison sentance if the case is very serious.
Old 07-05-2008, 06:27 PM
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Originally Posted by nickfargo
in a limo it is also illeagal to drink or eat in the limo as now it is portrayed as a public service vehcile and the drivers passangers will get fined and also the company proprietor could also be fined and even a prison sentance if the case is very serious.

This depends on how the limousine is regitered though- national operators, local operators, council regitered and the law/vosa all read 'the law' in different ways in different parts of the country.
Old 07-05-2008, 07:36 PM
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it is illegal to have a open bottle or can of alcohol in a car, passenger or driver, limos get away with it as the driving area is seperate from the the passenger area
Old 07-05-2008, 07:59 PM
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thats the problem with the internet, people confusing their opinion for facts....choose for yourself which one you want to believe
Old 07-05-2008, 09:13 PM
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Lee Reynolds
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Originally Posted by Sooty
U swallowed the book there Paul
Paul, swallow?

Nah.....

Old 07-05-2008, 09:17 PM
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Originally Posted by Sunil_FiestaRS1800
I dont htink it is illegal. awhile back someone reported seeing me drinking a can of stella while driving. I wasnt drinking obviouslly but my two mates i had in the car where, and i was holding his open can while parked as he went into the shop.

Police came rocketing up my arse a few mins up the road and pulled us. Smelt my breath and could see i hadnt been drinking but mates where and let us carry on

ive had this too, paul16v off here had about 20 cans of fosters and he was a passenger in my car so traffic cops hauled me in for breath test as they could see he was drunk

and they made him pick all his cans up off the floor
Old 07-05-2008, 09:44 PM
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ive always wanted to drive down the road with a bottle of vodka filled with water and see how many people i can get to kick up a stink
Old 07-05-2008, 09:49 PM
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The British law is getting stupid by the day why don’t they concentrate more on these suicide bombers going about and other serious crimes.
Old 08-05-2008, 08:15 PM
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Jimboxr4x4
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Originally Posted by Twellsie
it is illegal to have a open bottle or can of alcohol in a car, passenger or driver, limos get away with it as the driving area is seperate from the the passenger area
Act and section please as its news to me. In America maybe but not over here.
Old 08-05-2008, 09:08 PM
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rst in breaking
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to hell with it lol, my passengers are welcome to drink in my car, you need a right miserble copper to nick u if your sober
Old 08-05-2008, 09:29 PM
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Originally Posted by rst in progress
you need a right miserble copper to nick u if your sober
Never been stopped by traffic pigs before?!!!!
Old 16-10-2008, 06:17 AM
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Originally Posted by SimonT
and drinking a beer.

Is it illegal?
i got 1 even better
how can some one in the passenger seat get charged with a D.U.I when there not driving...some stupid pig huh...any way that and how can they charge you 3 times BY THE SAME PIG for not having insurance when after the first charge and the cop knowing you alrdy dont have insurance isnt supose to charge you after that I THINK.. (i was trying to keep my boy from going to jail for a bullshit charge (dui in the passinger seat...-.-..) so i was telling the cop to take me insted of him because he is alrdy on probation) so for so many bullshit thing coming from the same redneck pig me and about 4 other people are taking him to court (hoping he gets fired so he can get his ass beat..) on over 5 harisment's filed aginst him SRY FOR MISSPELLED WORDS I WAS TYPING FAST AND NOT LOOKING :\
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