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Jon_slider Samba Member
Joined: April 11, 2007 Posts: 5091 Location: Santa Cruz, Crowdifornia
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Posted: Sat Oct 03, 2009 10:24 am Post subject: |
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Just to be safe when parked listening to the music, here is one way not to have the key in the ignition, and still power the radio.
I call it the DWI Insurance Plan, based on a paperclip <g>
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Jon_slider Samba Member
Joined: April 11, 2007 Posts: 5091 Location: Santa Cruz, Crowdifornia
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Posted: Mon Jan 03, 2011 1:07 pm Post subject: |
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I recently added a key in relay for my radio in a TDi Van. I was warned it would put me at risk under the California Open container law.. But I did not want it wired any other way. I was considering a key blank instead of the paperclip <g>
I have a camper, as I understand it, campers are an exception to the open container rule, as long as you sit in the living quarters when under the influence..
see:
http://answers.yahoo.com/question/index?qid=20080731103931AA04tAr
In California, while driving on the highway in an RV, is it legal for passengers to consume alcohol?
Additional Details
I just did some further searching and found the following in the California vehicle code stating that one exception to the law includes the "living quarters of a housecar or camper". This leads me to believe that YES, passengers in a RV can consume alcohol, just like passengers in a limo, bus or taxicab.
"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."
http://www.dmv.ca.gov/pubs/vctop/d11/vc23229.htm
2 years ago
John S by John S
As far as I can tell you are correct. An RV would appear to be a housecar as defined in VC 362. So long as the passengers stay in the living quarters area, drinking appears to be lawful under VC 23229.
Source(s):
30+ years as a criminal defense attorney |
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crazyvwvanman Samba Member
Joined: January 28, 2008 Posts: 9920 Location: Orbiting San Diego
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Posted: Mon Jan 03, 2011 1:13 pm Post subject: |
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I owned an 82 Westy a few years ago that had the word "housecar" on the Calif pinkslip under vehicle type. I'm pretty sure the prior owner arranged for that official designation. I wonder if that is still an option with a Westy?
Mark
Jon_slider wrote: |
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In California, while driving on the highway in an RV, is it legal for passengers to consume alcohol?
Additional Details
I just did some further searching and found the following in the California vehicle code stating that one exception to the law includes the "living quarters of a housecar or camper". This leads me to believe that YES, passengers in a RV can consume alcohol, just like passengers in a limo, bus or taxicab.
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