Date: Thu, 5 Nov 1998 01:12:29 -0800
Reply-To: Otmar Ebenhoech <Otmar@EVCL.COM>
Sender: Vanagon Mailing List <vanagon@vanagon.com>
From: Otmar Ebenhoech <Otmar@EVCL.COM>
Subject: Re: California: Open container (alcohol) law & the Westy????
In-Reply-To: <36400821.266F8D97@MCI2000.com>
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Sorry for the long post, I just find this matter quite important for my
Limo Westie and all Westie owners as well. I also know that the
consequences of getting it wrong could be dire. I figured I'd try to get
all the legal stuff I found in one post.
From what I've learned it seems that the previously mentioned CHP officer
would be in for serious legal harassment issues if he persisted in his
views after being informed of the law.
I did a little poking on the California DMV site in concern to alcohol in a
Westfalia. http://www.dmv.ca.gov/
In the driver handbook it says:
"Do not carry on you or in the car, an opened bottle, can, or container
with an alcoholic drink in it. A container of liquor, beer, or wine carried
in a vehicle
must be full, sealed, and unopened. Otherwise, it must be put in the trunk
or a place where passengers don't sit. Keeping an opened container of an
alcoholic drink in the glove compartment is specifically against the law.
In a bus, taxi, camper, or motor home, the law does not apply to
non-driving passengers."
The RV handbook shows a Van Camper and Conversion under "TYPES OF
RECREATIONAL VEHICLES". http://www.dmv.ca.gov/dl648/dl648pt6.htm making
clear that a Westie is a RV, also known as a:
"House Car
362. A "house car" is a motor vehicle originally designed, or
permanently altered, and equipped for human habitation, or to which a
camper has been permanently attached. A motor vehicle to which a camper has
been temporarily attached is not a house car except that, for the purposes
of Division 11 (commencing with Section 21000) and Division 12 (commencing
with Section 24000), a motor vehicle equipped with a camper having an axle
that is designed to support a portion of the weight of the camper unit
shall be considered a three-axle house car regardless of the method of
attachment or manner of registration.
A house car shall not be deemed to be a motortruck.
Amended Ch. 875, Stats. 1968. Effective November 13, 1968."
So then if we go to the original laws against open containers and drinking
in a car we have:
"Storage of Opened Container
23225. It is unlawful for the registered owner of any motor vehicle,
or the driver if the registered owner is not then present in the vehicle,
to keep in a motor vehicle, when the vehicle is upon any highway, any
bottle, can, or other receptacle containing any alcoholic beverage which
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, or kept in some other area of the vehicle not normally occupied by
the driver or passengers, if the vehicle is not equipped with a trunk. A
utility compartment or glove compartment shall be deemed to be within the
area occupied by the driver and passengers.
This section shall not apply to the living quarters of a housecar or
camper.
Amended Ch. 940, Stats. 1981. Effective January 1, 1982."
As well as:
"Drinking in Motor Vehicle
23221. No person shall drink any alcoholic beverage while in a motor
vehicle upon a highway.
Amended Ch. 940, Stats. 1981. Effective January 1, 1982."
And now a Exception for the 23221 above:
"Possession of Alcoholic Beverages: Exceptions
23229. (a) Except as provided in Section 23229.1, 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.
(c) This section shall become operative on July 1, 1989.
Repealed and Added, Ch. 1105, Stats. 1988. Operative July 1, 1989."
As I read this, it looks quite clear. Let the passengers drink and be
merry! Just keep the beverages away from the driver and that drivers seat.
I'd keep them behind the drivers seat since that is clearly the "living
quarters of a housecar".
HTH
-Otmar-
86 Syncro (front) 82 (rear) Stretch GTI Westfalia. "Power of two"
Several EVs (Electric Vehicles)
http://www.evcl.com/strvan/strvan.html
http://www.evcl.com/Picprev.html
Electric Vehicle Components Ltd. (650) 494-9255
