Posted: 11/29/2007 2:15:41 PM EDT
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I'm hoping someone familiar with the law can help me out here. My sister-in-law is in charge of a bachelorette party that'll be coming up in a few months. She wants to do a party bus style event, but doesn't want to pay the party bus rates. Her idea is to rent a 15-passenger bus and drive the ladies around town herself while they drink/carouse/etc. According to my reading of GA Code, this should be legal, since the bus is a vehicle designed for conveying people for compensation. However, my question to you guys is, do you think they'd get hassled by LE because the driver is part of the party, even though she's not drinking? Should she just pony up for the party bus instead? Thanks for your opinions. |
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40-6-253. (a) As used in this Code section, the term: (1) 'Alcoholic beverage' means: (A) Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (B) Wine of not less than one-half of 1 percent of alcohol by volume; or (C) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. (2) 'Open alcoholic beverage container' means any bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and (B)(i) Is open or has a broken seal; or (ii) The contents of which are partially removed. (3) '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; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers. (b)(1) A person shall not: (A) Consume any alcoholic beverage; or (B) Possess any open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway. (2) The provisions of paragraph (1) of this subsection shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer. (3) Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container in violation of this Code section shall be charged with such offense; provided, however, that an operator of a motor vehicle who is alone in the passenger area of such motor vehicle shall be deemed to be in possession of any open alcoholic beverage container in such passenger area. (c) Any person who violates this Code section is subject to a fine not to exceed $200.00. |
| The statute is only about 6-7 years old IIRC. There are no cases dealing with the commercial vehicle aspect. I can't give you a solid yes or no either way. Personally I think it should be considered a vehicle designed used or maintained for hire if the Driver has a CDL. CDL drivers know what even a drop of alcohol will do to their livelihood. But If you came to me with that as a defense it is a perfectly logical defense as well and there is nothing contravening that interpretation of the law. The words designed for give it a completely different spin. |