Roadies/travellers

[ben_sa]

Just a topic that comes up regularly with a few lads at work.... We knock off fairly late and its a pretty common thing to stop through the local and grab a stubbie or 2 for the trek home (about 30min drive)

We constantly argue about the legality of it, I personally think its legal to consume alcohol providing you are under the 0.05 limit.... in South Aus anyway....

Ive tried researching "consumin alcohol while driving" to no avail... Can anyone shed some light on this subject?

Im not condoning drink driving, but i dont see the difference of have one stubby on the way home, as opposed to having one, then jumping in the car and driving..... Providing your not drinking a 12% chimay stub <_<

Thoughts?

 

[Supra-Jim]

Far as i knew it, you're not supposed supposed to have open alcohol in the car (Victoria). Could be wrong though.

Cheers SJ

 

[MarkBastard]

I can't comment on SA but I know for sure in NSW/QLD you're not allowed to have open bottles of beer in a car. Not even passengers are allowed to drink. In fact I think you're technically only allowed to have alcoholic beverages in the boot, even unopened ones.

Travellers are great though aren't they. We used to go to this farm down the coast all the time and you had to go across a ferry to get to it. I would always crack my first one on the ferry cause on the other side of the river it was a bit of a ghost town and wouldn't expect many cops to be around.

 

[Cocko]

You can drink as long as you are under .05

The open drink thing is an american law.

I asked a cop once.... but he did say, if they see you swigging on a stubby you are pretty much assured to be pulled over and a half an hour or so of time waisted...


edit: Vic

 

[Josh]

It used to be okay. But they closed the loophole about 4 years ago.

A mate was driving home from work about 7 years ago. Coppers pulled him over for a random breath test and asked him when his last drink was. His reply: "When I saw your lights in my mirror". Sure enough he blew under the limit and they sent him on his way.

 

[ben_sa]

http://www.dassa.sa.gov.au/site/page.cfm?u=124

Skateboards..... your kidding me right :-\

 

[Dazza_devil]

If it's open and in your car the pigs will get you here in Tassie and they are real ****holes here (unless you have a set of tits or you're a nark).
Same if it's open and your walkin up the street.
I'm not sure but I think it's technically illegal to consume any beverage while you are at the wheel.

 

[Pennywise]

Bit of searching tells me it's ok as long as your under the limit, spewin', all those times SWMBO wouldn't let me bring a traveller home in the car because she didn't want to get fined. Bugger

 

[drew9242]

In WA they always say they will charge you for street drinking. Never been charged yet but have been warned once. Which means passengers drinking is a no go aswell.

 

[Fatgodzilla]

Bit of searching tells me it's ok as long as your under the limit, spewin', all those times SWMBO wouldn't let me bring a traveller home in the car because she didn't want to get fined. Bugger

Love to know the "real" answer in NSW as I have been known to take a traveller by my side (though of course not condoning an over .05 attitude. Remember the old ad - 3 middies in an hour will get you to .05. So a stubby on the trip home shouldn't get you there.

 

[Swinging Beef]

Someone post some hard and fast legislation, please.
Sounds like some very confusing heresay.

 

[Dazza_devil]

Still searching but so far I've come up with it's against the law to have an open alcoholic beverage in a stationary car while it's parked in a public street (TAS).

 

[Screwtop]

Any QLD'ers remember when bottled take aways were wrapped in newspaper by the barmaid/barman (before bottlo's). It was illegal to have alcoholic beverages in plain view in public areas so bottles were wrapped of sometimes put into a PLAIN brown paper bag, something that still exists. I was fined in the 60's for consuming beer in the vicinity of a dance hall. Talk about bad luck 4 of us in a car about 70M from the dance hall with one last remaining stubby. Passed it around, torchlight shone through the window just as I took my swig :lol: Ohh I was a baddie!

Screwy

 

[schooey]

2981 NSW rule: drinking while driving

(cf RRR, cl 47E)

A driver must not consume alcohol while driving.

Maximum penalty: 20 penalty units.

<A name=pt.18-div.1-rule.2981-nt.1>Note. This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules</I>.​

 

[Dazza_devil]

Geezus, 20 penalty units, that's stiff.

Here's what I found for Tassie,

7. Consumption, &c., of intoxicating liquor in motor vehicles



(1) No person shall drive a motor vehicle while he is consuming intoxicating liquor.

(2) No person shall drive a motor vehicle while any person in the vehicle is, to his knowledge, consuming intoxicating liquor.

(3) No person shall, in a motor vehicle that is in motion, consume any intoxicating liquor.

(3A) <A class=crossref href="http://www.thelaw.tas.gov.au/tocview/content.w3p;cond=;doc_id=77%2B%2B1970%2BGS7%40Gs2%40EN%2B20070920110000;histon=;prompt=;rec=11;term=#GS7@Gs2@EN" target=_self>Subsections (2) and (3) do not apply to a person in a public passenger vehicle as defined in the Passenger Transport Act 1997 if there is a liquor permit in force under Division 3 of Part 2 of the [URL="http://&quot;http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=44%2B%2B1990%2BGS1%40EN%2B20070920110000;histon=;prompt=;rec=;term=&quot;"]Liquor Licensing Act 1990[/URL] in respect of that public passenger vehicle. http://(4) A person who contravenes any provision of this section is guilty of an offence.

 

[mje1980]

If you live in N.S.W and this happens, grap the cops gun and blast him. Probably get a much lighter sentence than the fine for the alcohol. Probably a slap on the wrist with a feather duster.

 

[Dazza_devil]

If you live in N.S.W and this happens, grap the cops gun and blast him. Probably get a much lighter sentence than the fine for the alcohol. Probably a slap on the wrist with a feather duster.

I once called a cop a f....wit and had to front up for $230 fine.
Bit stiff for stating a fact.

 

[mkstalen]

2981 NSW rule: drinking while driving

(cf RRR, cl 47E)

A driver must not consume alcohol while driving.

Maximum penalty: 20 penalty units.

<A name=pt.18-div.1-rule.2981-nt.1>Note. This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules</I>.​

Anything regarding passengers?

 

[Fatgodzilla]

I once called a cop a f....wit and had to front up for $230 fine.
Bit stiff for stating a fact.

That's because you were very rude Boagsy. You should have said "Sir, you are a F...wit." Where were your manners.

2981 NSW rule: drinking while driving (cf RRR, cl 47E)

A driver must not consume alcohol while driving. Maximum penalty: 20 penalty units.

Now that scares me a touch.

 

[Dazza_devil]

That's because you were very rude Boagsy. You should have said "Sir, you are a F...wit." Where were your manners.

They went out the window when the cop came into my house, pulled the speaker wires from my P.A. and snatched my Irish Red from my hand when I was about to take a swig.