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Old 05-12-2007, 11:27 AM   #1
GISS-90BG
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Having alcohol in the car - Illegal?

Which of the following situations are illegal? If any?

- Alcohol in the car (not being consumed) driven by a minor
- Alcohol being consumed by a passenger who is a minor
- Same as above, except the driver and passengers are of age

Just curious because with party dropoffs and transporting grog and what not, I want to know when I should be careful.

Thanks guys!
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Old 05-12-2007, 11:39 AM   #2
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id suspect all of them...unless you have an adult in the car...if youve got your Ps and are underage and not drinking you should be fine...as long as the adult is drinkin and not driving...

best bet is to talk to local transport authorities on the matter...dont give them anynames or anythin like that...
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Last edited by bourbon; 05-12-2007 at 11:42 AM.
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Old 05-12-2007, 11:50 AM   #3
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Which of the following situations are illegal? If any?

- Alcohol in the car (not being consumed) driven by a minor
- Alcohol being consumed by a passenger who is a minor
- Same as above, except the driver and passengers are of age

Just curious because with party dropoffs and transporting grog and what not, I want to know when I should be careful.

Thanks guys!
1. Illegal.
2. Illegal, unless their parents are present and give permission?
3. Depends how the driver and passenger that are of age are related to the minor drinking.
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Old 05-12-2007, 11:50 AM   #4
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I'm not too sure they'll know ... but it's a good place to start ...

anyhoo ... to my knowledge ...

- Alcohol in the car (not being consumed) driven by a minor - as long as the bottles are sealed and you aren't consuming, aaaaand you didn't purchase, but have a legitimate reason (i.e. transporting it to the party for legal consumption) I don't think you'll have any problems.

- Alcohol being consumed by a passenger who is a minor - no one gets off on this one, even if the driver is of legal age ... it's actually worse if they are. Driver gets done for an open container of alcohol in the car and the passenger for underage drinking. If the driver is over 18 they'll probably try to force responsibility onto them for not stopping the minor.

- Same as above, except the driver and passengers are of age - I think the driver gets done for the open bottle of alcohol in a car ... that's it.
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Old 05-12-2007, 12:03 PM   #5
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I had suspected as much. It seems unlikely they'd let you off for it. Probably cause them to try and defect the car, look for something to ping you on, even if they couldn't get you for the drinking anyway. =/

Guess I'll have to be very careful.

Thanks guys.
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Old 05-12-2007, 12:25 PM   #6
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AFAIK, in Queensland, you cannot have an open container of alcohol in the car - minor or not.

Not sure about the minor and sealed alcohol combination. You would need to have a pretty plausible explanation.
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Old 05-12-2007, 12:49 PM   #7
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in nsw you can't have any opened alcohol in the car regardless of age
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Old 05-12-2007, 12:53 PM   #8
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in nsw you can't have any opened alcohol in the car regardless of age
Oh really? I didn't know that. I've seen heaps of passengers drinking alcohol.

And as far as I know, a minor transporting alcohol, even with a legit reason, is illegal. Because I don't think a minor can be in possession of alcohol.
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Old 05-12-2007, 01:53 PM   #9
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in nsw you can't have any opened alcohol in the car regardless of age
I think this is the same in VIC

GISS-90BG , Rather than listening to guesses I would contact your local road / traffic authority to make sure. Would hate to risk your license
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Old 05-12-2007, 03:17 PM   #10
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pffft you see builders on the way home with a longneck while driving lol
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Old 05-12-2007, 03:38 PM   #11
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pffft you see builders on the way home with a longneck while driving lol
lol thats the true aussie way
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Old 05-12-2007, 03:39 PM   #12
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i have people turn upto my work drinkin...
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Old 05-12-2007, 04:01 PM   #13
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pffft you see builders on the way home with a longneck while driving lol
yeah, doesn't mean its legal cause a builder does it
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Old 05-12-2007, 04:02 PM   #14
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were not sayin it is...
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Old 05-12-2007, 04:09 PM   #15
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= rolleyes/sarcastic....
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Old 05-12-2007, 04:48 PM   #16
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Originally Posted by GISS-90BG View Post
Which of the following situations are illegal? If any?

- Alcohol in the car (not being consumed) driven by a minor
- Alcohol being consumed by a passenger who is a minor
- Same as above, except the driver and passengers are of age

Just curious because with party dropoffs and transporting grog and what not, I want to know when I should be careful.

Thanks guys!
according to my dad (solicitor)
illegal -being in possession of an alcoholic substance
illegal- obvious reasons. the minor and the driver are able to be prosecuted.
illegal- i didnt understand why. i guess its distractions and rowdyness..
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Old 05-12-2007, 11:25 PM   #17
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I was always sure that it was illegal to have an open container of alcohol in your car, but as much as i've trawled through Australian legal precedent, i can't find anything which clearly states that it is illegal to even drink while u r driving, so long as you are under the limit.
The closest they come is that you can be charged with a form of neg driving much like driving while texting/eating/talking on mobile phone or some such.
Please don't take my word for it, look it up yourself, i'm pretty sure i'm wrong, or doing my research wrong but there you go.....
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Old 06-12-2007, 12:26 AM   #18
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All I know is in NSW

is

If you are underage - you can't even touch a alcholic product, tha'ts it period basicly there are excemptions but in in public No. Regardless if your parents are with you or not. On private property different matter.

As for driving.
ONly allowed to transport
You are not even allow to have a open container driver or not.
also With NSW alot of areas are Public - no alchol zones. Car parks ot anywhere. You are nto allowed to be drinking. A gopod example is At Maquares Chair opposite the opera house and harbour bridge - great veiw No Drinks. I've been pulled up heaps due to they think your doing drugs. COps are cool about it. SO I move on, They just always check the Girls are 18. LOL
But Fact is and I didn't realise it. You effectivley can't drink anywhere unless it's pub or at home or some private place.
They are not really new laws just never inforced

but we always say 5 years ago use ot drink in the train on the way to the club etc.
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Old 06-12-2007, 04:27 AM   #19
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Play it safe
Put alcohol in boot
Drive to Party
Park the car
Take it out
Go inside
Drink

If you cant manage a short drive without cracking one open
Then you got problems
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Old 06-12-2007, 09:33 AM   #20
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As someone who only Mon/Tues this week did his Responsible Management of a Licensed Venue (RMLV) course, I've got no idea about any of the above questions!

Except for, consider this... A drive through is a licensed premises, so if a minor is in the back of a car drinking, they can be charged with underage drinking, and both the venue nominee and licensee can cop big fines, the fact that they're in a car doesn't matter!

Also, another freaky fact, the liquor act says, that liquor can't be served to a Minor, NOT an under 18. When a minor (who is say 16 or 17), as been legally by a court deemed no longer a minor, that overrules the liquor act, and that, so called minor, can now drink!

I also didn't know, that in Victoria, wine can be served to a 16yr old provided its with a meal...

Wow, all these freaky facts... $450 well spent!
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