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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 08-07-2010, 04:46 PM   #1
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Open Alcohol Laws

Im a bit confused about what would get me in trouble if i was pulled over. Under all of these scenarios the driver is 100% sober.

is it illegal to have a 4/6 beers from a six pack all sealed in the seat next to you?

a half opened mickey that you were taking to a party to finish?

or even alcohol within reach of your drivers seat ?

different people always say different things...
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Old 08-07-2010, 05:13 PM   #2
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sealed cans are fine. should probably be in the back since in Canada you are guilty until proven innocent on a lot of things. alcohol within arms reach automatically means you are going to drink it on the way..

half mickey would likely get you in trouble as it's opened. stick in in the truck and they have no reason to look for it.
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Old 08-07-2010, 09:22 PM   #3
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Liquor in motor vehicle

44 (1) In this section:

"motor home" has the same meaning as in the Motor Vehicle Act;

"motor vehicle" has the same meaning as in the Motor Vehicle Act, and includes an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act.

(2) Subject to subsection (3), a person must not drive or otherwise exercise control over the operation of a motor vehicle, whether or not it is in motion, while there is liquor in the person's possession or in the motor vehicle.

(3) Subsection (2) does not apply

(a) if the liquor is in a container that is unopened and has an unbroken seal,

(b) if the liquor is being transported or used in accordance with a licence issued under this Act, or

(c) in any other case, if the motor vehicle

(i) is a motor home and the liquor is kept in a cabinet away from the driver's area,

(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,

(iii) is a pickup truck and the liquor is in an exterior compartment, a space designed for the carriage of baggage or parcels or any other location that is not readily accessible to any person in the motor vehicle,

(iv) is a motorcycle and the liquor is not readily accessible to the operator, or

(v) is not one referred to in subparagraphs (i) to (iv) and the liquor is in the trunk or space designed for the carriage of baggage or parcels.
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Old 08-08-2010, 01:10 PM   #4
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Quote:
Originally Posted by skidmark View Post
Liquor in motor vehicle

44 (1) In this section:

"motor home" has the same meaning as in the Motor Vehicle Act;

"motor vehicle" has the same meaning as in the Motor Vehicle Act, and includes an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act.

(2) Subject to subsection (3), a person must not drive or otherwise exercise control over the operation of a motor vehicle, whether or not it is in motion, while there is liquor in the person's possession or in the motor vehicle.

(3) Subsection (2) does not apply

(a) if the liquor is in a container that is unopened and has an unbroken seal,

(b) if the liquor is being transported or used in accordance with a licence issued under this Act, or

(c) in any other case, if the motor vehicle

(i) is a motor home and the liquor is kept in a cabinet away from the driver's area,

(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,

(iii) is a pickup truck and the liquor is in an exterior compartment, a space designed for the carriage of baggage or parcels or any other location that is not readily accessible to any person in the motor vehicle,

(iv) is a motorcycle and the liquor is not readily accessible to the operator, or

(v) is not one referred to in subparagraphs (i) to (iv) and the liquor is in the trunk or space designed for the carriage of baggage or parcels.
thank you.
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Old 08-08-2010, 03:52 PM   #5
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You're welcome!
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