HB0049 - Motor vehicles-open container law.



State of Wyoming








Motor vehicles-open container law.


Sponsored by:







 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.


 7  Be It Enacted by the Legislature of the State of Wyoming:


 9         Section 1.  W.S. 31-5-235 is created to read:


11         31-5-235.  Transportation and possession of alcoholic
12  beverages in opened containers prohibited; definitions;
13  exceptions; exception for municipal ordinance; penalty.


15         (a)  As used in this section:



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);


 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.


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:


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;


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;



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


 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.


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.


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





 2         (e)  Any person violating the provisions of this
 3  section shall:


 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);


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;


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.


21         Section 2.  This act is effective July 1, 2001.


23                         (END)


Page  4