off-topic: Drinking alcohol in a Taxi, Uber or bus

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Unocat
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off-topic: Drinking alcohol in a Taxi, Uber or bus

Post by Unocat »

I came across this today and thought it was interesting. I know a particular person who likes to make pina coladas and is always taking the blender and ingredients to other peoples houses. I tell him (or her) that I am worried that you'll be pulled over one day and be hit with an open container violation... but it turns out that as long as the alcohol is in the trunk or back part of an SUV that it is OK per 49.031(a)(2)(A) and (B)

But reading it I also came across 49.031(c) which states passengers can drink in the passenger section of a car for hire (Taxi, Uber, limo, hired bus,) or any sort of RV that has a passenger area. Just interesting. I remember in the 90's everyone can drink in a car except the driver, of course that changed... but grab an Uber (while they still exist in Austin) and drink away :anamatedbanana

Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section:
(1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.
(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:
(A) a glove compartment or similar storage container that is locked;
(B) the trunk of a vehicle; or
(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

(3) "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.
(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.
(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:
(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or
(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.

(d) An offense under this section is a Class C misdemeanor.
(e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.
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Abraham
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Re: off-topic: Drinking alcohol in a Taxi, Uber or bus

Post by Abraham »

but grab an Uber (while they still exist in Austin)

Is there a move underfoot to do away with Uber in Austin?

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Re: off-topic: Drinking alcohol in a Taxi, Uber or bus

Post by Unocat »

Abraham wrote:but grab an Uber (while they still exist in Austin)

Is there a move underfoot to do away with Uber in Austin?

Thanks
Yes, it is big news here. The Taxi and livery lobby has the city under its tires. We have a light rail system that goes no where useful and now they are going to ban Uber and other ride sharing. Which is very odd for a progressive, liberal, young town. Maybe, the millennials will rise up and throw their iPhones at the mayor next meeting.

First story http://www.naturalnews.com/051480_Uber_ ... opoly.html

The update http://www.mystatesman.com/news/news/op ... ust/nppSB/
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Re: off-topic: Drinking alcohol in a Taxi, Uber or bus

Post by Bitter Clinger »

UBERr - just another despicable "gun free" zone. I will never patronize an UBER! :mad5
UBER FIREARMS PROHIBITION POLICY

We seek to ensure that everyone using the Uber digital platform—both driver-partners and riders—feels safe and comfortable using the service. During a ride arranged through the Uber platform, Uber and its affiliates therefore prohibit possessing firearms of any kind in a vehicle. Any rider or driver found to have violated this prohibition may lose access to the Uber platform.
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Re: off-topic: Drinking alcohol in a Taxi, Uber or bus

Post by loktite »

Concealed is concealed.... but I don't think getting your drink on while carrying in the back of an Uber is the smartest idea. But I agree Bitter Clinger, I also, will never patronize an UBER.
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Re: off-topic: Drinking alcohol in a Taxi, Uber or bus

Post by Unocat »

I wouldn't either, just an example of a for hire service for the above topic.
An aside, it isn't illegal acording to the above policy quote, you would just lose access to their system. I think this is another don't ask, don't tell as described numerous places on this forum.
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