Date: Thu, 27 Feb 2003 09:41:10 -0800
Reply-To: Matthew Pollard <poll7356@UIDAHO.EDU>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Matthew Pollard <poll7356@UIDAHO.EDU>
Subject: Re: Open container law
In-Reply-To: <b3li4k+spph@eGroups.com>
Content-type: TEXT/PLAIN; charset=ISO-8859-1
in idaho there is no open containiner law :-) as long as the driver ain't
drunk. the passangers can drink all they want. in any vehicle.
Matthew Pollard "Racing with the wind and flirting with death
Dept. Of Chemistry So have a cup of coffee and catch your breath"
University of Idaho
www.uidaho.edu/~poll7356
On Thu, 27 Feb 2003, jbrrr510 <jbrrr510@hotmail.com> wrote:
> Wow you get serious bonus points!!!
>
> Thank you... I think it's legal, I found the following definitions
> at:
>
> http://www.dmv.ca.gov/pubs/dl648/dl648pt13.htm
>
> Camper—structure designed to be mounted to a vehicle which provides
> facilities for human habitation or camping. VC § 243
>
> Housecar — motor vehicle originally designed, or permanently altered,
> and equipped for human habitation, or to which a camper has been
> permanently attached. VC §362
>
> Motorhome — vehicle designed to provide temporary living quarters,
> built as an integral part of, or permanently attached to, a self-
> propelled motor vehicle chassis or van.
>
> If you google search you can find the entire California Vehicle Code,
> in PDF format at least:
> http://misnt1.sbcusd.k12.ca.us/safety/Codes-pdf/CalVehCode.pdf
>
> Anyway, it has a slightly longer definition of a "Housecar" in (See
> CVC Division 1 Section 362). I think one could easily argue that a
> Westphalia falls into this "Housecar" category, as it is "permanently
> altered, and equipped for human habitation". Neither definition
> gives specific requirements for "habitation" (ie. the IRS requires a
> toilet and sink the CVC doesn't seem to indicate this in any way).
>
> Therefore I am of the belief that it is legal for passengers to drink
> in the back of a Westphalia Vanagon even while it is being driven
> within the state of California. I'd note of course that per the CVC
> sections you quoted below it is clear that any opened containers
> would need to be kept and stored aft of the "driver" area.
>
>
>
>
>
>
>
>
>
>
>
> --- In vanagon@yahoogroups.com, blbachman@a... wrote:
> > I grew up in CA and after a couple of tickets got arrogant enough
> that I kept a copy of the Vehicle Code in the car (for study
> and 'confrontation').
> >
> > Nevertheless, it seems pretty confusing to me...
> >
> > *******************************
> > Drinking in Motor Vehicle
> > 23221. (a) No driver shall drink any alcoholic beverage while in
> a motor vehicle upon a highway.
> >
> > (b) No passenger shall drink any alcoholic beverage while in a
> motor vehicle upon a highway.
> >
> > Amended Sec. 2, Ch. 723, Stats. 1999. Effective January 1, 2000.
> > **********************
> >
> > That was pretty simple, and...
> >
> > **********************
> > Storage of Opened Container
> > 23225. (a) (1) It is unlawful for the registered owner of any
> motor vehicle to keep in a motor vehicle, when the vehicle is upon
> any highway or on lands, as described in subdivision (b) of Section
> 23220, any bottle, can, or other receptacle containing any alcoholic
> beverage that has been opened, or a seal broken, or the contents of
> which have been partially removed, unless the container is kept in
> the trunk of the vehicle.
> >
> > (2) If the vehicle is not equipped with a trunk and is not an off-
> highway motor vehicle subject to identification, as defined in
> Section 38012, the bottle, can, or other receptacle described in
> paragraph (1) shall be kept in some other area of the vehicle that is
> not normally occupied by the driver or passengers. For the purposes
> of this paragraph, a utility compartment or glove compartment shall
> be deemed to be within the area occupied by the driver and passengers.
> >
> > (b) Subdivision (a) is also applicable to a driver of a motor
> vehicle if the registered owner is not present in the vehicle.
> >
> > (c) This section shall not apply to the living quarters of a
> housecar or camper.
> >
> > ***********************
> >
> > That muddied the waters a bit...
> >
> > ***********************
> >
> > Possession of Alcoholic Beverages: Exceptions
> > 23229. (a) Except as provided in Section 23229.1 (which describes
> the situation when minors are in the vehicle), Sections 23221 and
> 23223 do not apply to passengers in any bus, taxicab, or limousine
> for hire licensed to transport passengers pursuant to the Public
> Utilities Code or proper local authority, or the living quarters of a
> housecar or camper.
> >
> > (b) Except as provided in Section 23229.1, Section 23225 does not
> apply to the driver or owner of a bus, taxicab, or limousine for hire
> licensed to transport passengers pursuant to the Public Utilities
> Code or proper local authority.
> >
> > ***************************
> >
> > So, it would appear that the only question you need to consider is
> whether or not the Westfalia, while driving down the highway, is
> considered a passenger vehicle or a 'housecar'. Who knows how this
> is determined. If CA has special 'RV' plates, perhaps it requires
> that the vehicle be thusly equipped.
> >
> > -bb
>
>
> ------------------------ Yahoo! Groups Sponsor ---------------------~-->
> New Yahoo! Mail Plus. More flexibility. More control. More power.
> Get POP access, more storage, more filters, and more.
> http://us.click.yahoo.com/Hcb0iA/P.iFAA/46VHAA/gd26lB/TM
> ---------------------------------------------------------------------~->
>
> To leave this list send an 'empty' message to <mailto:vanagon-unsubscribe@yahoogroups.com>
>
> Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
>
>
>
| 
