§ 42-4-1305 Open alcoholic beverage container-motor vehicle-prohibited

§ 42-4-1305. Open alcoholic beverage container--motor vehicle--prohibited

    (1) Definitions. As used in this section, unless the context otherwise requires:

        (a) “Alcoholic beverage” means a beverage as defined in 23 CFR 1270.3(a).

        (b) “Motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails.

        (c) “Open alcoholic beverage container” means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and:

            (I) That is open or has a broken seal; or

            (II) The contents of which are partially removed.

        (d) “Passenger area” means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area  that is readily accessible to the driver or a passenger while in his or her seating position, including but not limited to the glove compartment.

    (2)(a) Except as otherwise permitted in paragraph (b) of this subsection (2), a person while in the passenger area of a motor vehicle that is on a public highway of this state or the right-of-way of a public highway of this state may not knowingly:

            (I) Drink an alcoholic beverage; or

            (II) Have in his or her possession an open alcoholic beverage container.

        (b) The provisions of this subsection (2) shall not apply to:

            (I) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed,  maintained, or used primarily for the transportation of persons for compensation;

            (II) The possession by a passenger, other than the driver or a front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home, as defined in section 42-1-102(57), or trailer coach, as defined in section 42-1-102(106)(a);

            (III) The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or

            (IV) The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.

        (c) A person who violates the provisions of this subsection (2) commits a class A traffic infraction and shall be punished by a fine of fifty dollars and a surcharge of seven dollars and eighty cents as provided in section 42-4-1701(4)(a)(I)(N).

    (3) Nothing in this section shall be construed to preempt or limit the authority of any statutory or home rule town, city, or city and county to adopt ordinances that are no less restrictive than the provisions of this section.