passengers drinking in the car

marhsava

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So who knows the law about passengers drinking in the car or having an open bottle of alcohol.
 
Question:
Is it illegal for passengers to consume alcohol in a motor vehicle while it is being driven on a public road?

Answer:
At present, the question of passengers drinking whilst being transported is not covered in the National Road Traffic legislation. It is not a problem per se for passengers to drink while being transported; the problem sits with the sober driver who is entrusted with taking care of his passengers while travelling. For example, the driver needs to ensure passengers do not hang out of the moving vehicle as in this case the driver could be prosecuted.

However, passengers must bear in mind that they may be charged for drinking in public in terms of national legislation. Section 154(1)(c) of the Liquor Act 27 of 1989 provides that a person who is drunk in or near:

any road, street, lane, thoroughfare, square, park or market;
any ship, warehouse or public garage;
shall be guilty of an offence and may be prosecuted accordingly.

https://www.aa.co.za/services/techn...ol-consumption-by-non-driving-passengers.html
 
However, passengers must bear in mind that they may be charged for drinking in public in terms of national legislation. Section 154(1)(c) of the Liquor Act 27 of 1989 provides that a person who is drunk in or near:

any road, street, lane, thoroughfare, square, park or market;
any ship, warehouse or public garage;
shall be guilty of an offence and may be prosecuted accordingly.

Can't drink in a warehouse? Why?
 
Years ago before the advent of breathalysers and Richards Bay lagoon was still an idyllic caravan holiday spot the cops would make you put all open bottles in the boot if they spotted anyone drinking in the car.

Don't think they ever issued any tickets though :)
 
Necro.

Passengers are found drinking in the car. Does this constitute public drinking?
 
How often do you see a driver with a beer in his hand? I see it quite often. Especially on a Saturday and Sunday. And on paydays. Having a douchebag expression on their faces thinking they are so cool. *****.

They don't even try and hide it. They feel fokol for the law.
 
I see this waaaay more common this time of year for black & to an extent CC folk.

Calling a spade a spade.
Nah, it applies to idiot cnuts of all races. I see it regulalry regulry regularly(must not drink so early). Just this week a white poppie who was in front of me at TOPS got into the car next to me and opened a bottle of some or other gin concoction before driving off.
 
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