(Policies in effect on: 1/1/2012)
Federal law has had a substantial effect on the nation's open container policies. In 1998, Congress enacted the Transportation Equity Act for the 21st Century (TEA-21). TEA-21, codified as 23 U.S.C. § 154, provides incentives for States to adopt open container laws that meet six specific criteria delineated by regulation [see 23 C.F.R. § 1270.3, 23 C.F.R. § 1270.4]. If a State does not enact a Federally compliant law, a percentage of its Federal highway construction funds are removed from its discretionary allotment and transferred for use in drinking and driving countermeasures programs, law enforcement, and hazard elimination.
The Federal incentive for compliance has been phased in over time. If a State did not meet the statutory requirements by October 1, 2000 or October 1, 2001, an amount equal to one and one-half percent of the funds apportioned to the State on those dates was restricted to TEA-21 purposes. If a State did not meet the statutory requirements by October 1, 2002, an amount equal to three percent of the funds apportioned to the State was restricted. An amount equal to three percent continues to be restricted each subsequent fiscal year for States that do not meet the Federal requirements [see 23 U.S.C. § 154, 23 C.F.R. § 1270.6].
In addition to the TEA-21 provisions, Federal law also generally prohibits open alcoholic beverage containers in motor vehicles operated on Federal property. Open container prohibitions on Federal properties vary according to the types of lands involved, the Federal agency responsible for their regulation, and the geographic and jurisdictional relationships of any specific Federal land to contiguous privately owned land or land under the jurisdiction of other governmental entities.
Federal regulations prohibit the carrying or storing of an open alcoholic beverage container within a vehicle on the Pentagon Reservation [32 C.F.R. § 234.17] or on a Central Intelligence Agency installation [32 C.F.R. § 1903.4], as well as in areas under the administration of the National Park Service [36 C.F.R. § 4.14] and the Presidio Trust [36 C.F.R. § 1004.14]. Open containers in vehicles are prohibited in specific installations of the U.S. Army [see, e.g., 32 C.F.R. § 636.36], and the introduction, possession or use of alcoholic beverages on board any craft or vehicle of the Department of the Navy is prohibited, except as authorized by the Secretary of the Navy [32 C.F.R. § 700.1162].
FEDERAL CITATIONS AND RELEVANT TEXT EXCERPTS
Code of Federal Regulations
Title 32 - National Defense
Subtitle A - Department of Defense
CHAPTER I - OFFICE OF THE SECRETARY OF DEFENSE
SUBCHAPTER M - MISCELLANEOUS
PART 234 - CONDUCT ON THE PENTAGON RESERVATION
§ 234.17. Vehicles and traffic safety
(a) In general. Unless specifically addressed by regulations in this part, traffic and the use of vehicles within the Pentagon Reservation are governed by State law. Violating a provision of State law is prohibited.
(b) Open container of an alcoholic beverage.
(1) Each person within a vehicle is responsible for complying with the provisions of this section that pertain to carrying an open container. The operator of a vehicle is the person responsible for complying with the provisions of this section that pertain to the storage of an open container.
(2) Carrying or storing a bottle, can, or other receptacle containing an alcoholic beverage that is open or has been opened, or whose seal is broken, or the contents of which have been partially removed, within a vehicle on the Pentagon Reservation is prohibited.
(3) This section does not apply to:
(i) An open container stored in the trunk of a vehicle or, if a vehicle is not equipped with a trunk, an open container stored in some other portion of the vehicle designed for the storage of luggage and not normally occupied by or readily accessible to the operator or passengers; or
(ii) An open container stored in the living quarters of a motor home or camper.
(4) For the purpose of paragraph (a)(3)(i) of this section, a utility compartment or glove compartment is deemed to be readily accessible to the operator and passengers of a vehicle.
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Code of Federal Regulations
Title 32 - National Defense
Subtitle B - Other Regulations Relating to National Defense
CHAPTER XIX - CENTRAL INTELLIGENCE AGENCY
PART 1903 - CONDUCT ON AGENCY INSTALLATIONS
§ 1903.4. Vehicles and traffic safety
(a) Open container of alcoholic beverage.
(1) Each person within the vehicle is responsible for complying with the provisions of this section that pertain to carrying an open container. The operator of the vehicle is the person responsible for complying with the provisions of this section that pertain to the storage of an open container.
(2) Carrying or storing a bottle, can, or other receptacle containing an alcoholic beverage that is open or has been opened, or whose seal is broken, or the contents of which have been partially removed, within a vehicle on an Agency installation is prohibited.
(3) This section does not apply to:
(i) An open container stored in the trunk of a vehicle or, if a vehicle is not equipped with a trunk, to an open container stored in some other portion of the vehicle designated for the storage of luggage and not normally occupied by or readily accessible to the operator or passenger; or
(ii) An open container stored in the living quarters of a motor home or camper.
(4) For the purpose of paragraph (a)(3)(i) of this section, a utility compartment or glove compartment is deemed to be readily accessible to the operator and passengers of a vehicle.
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Code of Federal Regulations
Title 36 - Parks, Forests, and Public Property.
CHAPTER I - NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 4 - VEHICLES AND TRAFFIC SAFETY
§ 4.14. Open container of alcoholic beverage
(a) Each person within a motor vehicle is responsible for complying with the provisions of this section that pertain to carrying an open container. The operator of a motor vehicle is the person responsible for complying with the provisions of this section that pertain to the storage of an open container.
(b) Carrying or storing a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal is broken or the contents of which have been partially removed, within a motor vehicle in a park area is prohibited.
(c) This section does not apply to:
(1) An open container stored in the trunk of a motor vehicle or, if a motor vehicle is not equipped with a trunk, to an open container stored in some other portion of the motor vehicle designed for the storage of luggage and not normally occupied by or readily accessible to the operator or passengers; or Code of Federal Regulations / Title 36 - Parks, Forests, and Public Property / Vol. 1 / 2010-07-0139
(2) An open container stored in the living quarters of a motor home or camper; or
(3) Unless otherwise prohibited, an open container carried or stored in a motor vehicle parked at an authorized campsite where the motor vehicle's occupant(s) are camping.
(d) For the purpose of paragraph (c)(1) of this section, a utility compartment or glove compartment is deemed to be readily accessible to the operator and passengers of a motor vehicle.
Code of Federal Regulations
Title 36 - Parks, Forests, and Public Property.
CHAPTER X - PRESIDIO TRUST
PART 1004 - VEHICLES AND TRAFFIC SAFETY
§ 1004.14. Open container of alcoholic beverage
(a) Each person within a motor vehicle is responsible for complying with the provisions of this section that pertain to carrying an open container. The operator of a motor vehicle is the person responsible for complying with the provisions of this section that pertain to the storage of an open container.
(b) Carrying or storing a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal is broken or the contents of which have been partially removed, within a motor vehicle in the area administered by the Presidio Trust is prohibited.
(c) This section does not apply to:
(1) An open container stored in the trunk of a motor vehicle or, if a motor vehicle is not equipped with a trunk, to an open container stored in some other portion of the motor vehicle designed for the storage of luggage and not normally occupied by or readily accessible to the operator or passengers; or Code of Federal Regulations / Title 36 - Parks, Forests, and Public Property / Vol. 3 / 2010-07-01223
(2) An open container stored in the living quarters of a motor home or camper; or
(3) Unless otherwise prohibited, an open container carried or stored in a motor vehicle parked at an authorized campsite where the motor vehicle's occupant(s) are camping.
(d) For the purpose of paragraph (c)(1) of this section, a utility compartment or glove compartment is deemed to be readily accessible to the operator and passengers of a motor vehicle.
Code of Federal Regulations
Title 32 - National Defense
Subtitle A - Department of Defense
CHAPTER V - DEPARTMENT OF THE ARMY
SUBCHAPTER I - LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
PART 636 - MOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS)
Subpart A - Fort Stewart, Georgia
§ 636.36. Alcoholic beverages
(a) Consuming alcoholic beverages as an operator or passenger in or on U.S. Government or privately owned vehicles is prohibited.
(b) Consuming alcoholic beverages on any roadway, parking lot, or where otherwise posted is prohibited.
(c) Having open containers of alcoholic beverages in vehicles or areas not designated for the consumption of alcohol is prohibited.
Code of Federal Regulations
Title 32 - National Defense
Subtitle A - Department of Defense
CHAPTER VI - DEPARTMENT OF THE NAVY
SUBCHAPTER A - UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS
PART 700 - UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS
Subpart K - General Regulations. - Rights and Restrictions
§ 700.1162. Alcoholic beverages
(a) Except as may be authorized by the Secretary of the Navy, the introduction, possession or use of alcoholic beverages on board any ship, craft, aircraft, or in any vehicle of the Department of the Navy is prohibited. The transportation of alcoholic beverages for personal use ashore is authorized, subject to the discretion of the officer in command or officer in charge, or higher authority, when the beverages are delivered to the custody of the officer in command or officer in charge of the ship, craft, or aircraft in sealed packages, securely packed, properly marked and in compliance with customs laws and regulations, and stored in securely locked compartments, and the transportation can be performed without undue interference with the work or duties of the ship, craft, or aircraft. Whenever an alcoholic beverage is brought on board any ship, craft, or aircraft for transportation for personal use ashore, the person who brings it on board shall at that time file with the officer in command or officer in charge of the ship, craft or aircraft, a statement of the quantity and kind of alcoholic beverage brought on board, together with a certification that its importation will be in compliance with customs and internal revenue laws and regulations and applicable State or local laws at the place of debarkation.
(b) The introduction, possession and use of alcoholic beverages for personal consumption or sale is authorized within naval activities and other places ashore under naval jurisdiction to the extent and in such manner as the Secretary of the Navy may prescribe.
United States Code
Title 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
Sec. 154 - Open container requirements
§ 154. Open container requirements
(a) Definitions.—In this section, the following definitions apply:
(1) Alcoholic beverage.—The term “alcoholic beverage” has the meaning given the term in section 158(c).
(2) Motor vehicle.—The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.
(3) Open alcoholic beverage container.—The term “open alcoholic beverage container” means any bottle, can, or other receptacle—
(A) that contains any amount of alcoholic beverage; and
(B)(i) that is open or has a broken seal; or
(ii) the contents of which are partially removed.
(4) Passenger area.—The term “passenger area” shall have the meaning given the term by the Secretary by regulation.
(b) Open Container Laws.—
(1) In general.—For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
(2) Motor vehicles designed to transport many passengers.—For the purposes of this section, if a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container by the driver (but not by a passenger)—
(A) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
(B) in the living quarters of a house coach or house trailer, the State shall be deemed to have in effect a law described in this subsection with respect to such a motor vehicle for each fiscal year during which the law is in effect.
(c) Transfer of Funds.—
(1) Fiscal years 2001 and 2002.—On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 11/2 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402—
(A) to be used for alcohol-impaired driving countermeasures; or
(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
(2) Fiscal year 2003 and fiscal years thereafter.—On October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in subparagraph (A) or (B) of paragraph (1).
(3) Use for hazard elimination program.—A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148.
(4) Federal share.—The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5) Derivation of amount to be transferred.—The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(3).
(C) The apportionment of the State under section 104(b)(4).
(6) Transfer of obligation authority.—
(A) In general.—If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.
(B) Amount.—The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying—
(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
(ii) the ratio that—
(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to
(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.
(7) Limitation on applicability of obligation limitation.—Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.
Code of Federal Regulations
Title 23 - Highways
CHAPTER II - NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER D - TRANSFER AND SANCTION PROGRAMS
PART 1270 - OPEN CONTAINER LAWS
§ 1270.3. Definitions
As used in this part:
(a) Alcoholic beverage means:
(1) 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;
(2) Wine of not less than one-half of 1 per centum of alcohol by volume; or
(3) 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).
(b) Enact and enforce means the State's law is in effect and the State has begun to implement the law.
(c) Motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail or rails.
(d) Open alcoholic beverage container means any bottle, can, or other receptacle that:
(1) Contains any amount of alcoholic beverage; and
(2)(i) Is open or has a broken seal; or
(ii) The contents of which are partially removed.
(e) Passenger area means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment.
(f) Public highway or right-of-way of a public highway means the width between and immediately adjacent to the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel; inclusion of the roadway and shoulders is sufficient.
(g) State means any of the 50 States, the District of Columbia, or the Commonwealth of Puerto Rico.
Code of Federal Regulations
Title 23 - Highways
CHAPTER II - NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER D - TRANSFER AND SANCTION PROGRAMS
PART 1270 - OPEN CONTAINER LAWS
§ 1270.4. Compliance criteria
(a) To avoid the transfer of funds as specified in § 1270.6 of this part, a State must enact and enforce a law that prohibits the possession of any open alcoholic beverage container, and the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
(b) The law must apply to:
(1) The possession of any open alcoholic beverage container and the consumption of any alcoholic beverage;
(2) The passenger area of any motor vehicle;
(3) All alcoholic beverages;
(4) All occupants of a motor vehicle; and (5) All motor vehicles located a public highway or the right-of-way of a public highway. Code of Federal Regulations / Title 23 - Highways / Vol. 1 / 2010-04-01527
(c) The law must provide for primary enforcement.
(d) Exceptions.
(1) If a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of any motor vehicle, but permits the possession of an open alcoholic beverage container in a locked glove compartment, or behind the last upright seat or in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk, the State shall be deemed to have in effect a law that applies to the passenger area of any vehicle, as provided in paragraph (b)(2) of this section.
(2) If a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container or the consumption of any alcoholic beverage by the driver (but not by a 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 house coach or house trailer, the State shall be deemed to have in effect a law that applies to all occupants of a motor vehicle, as provided in paragraph (b)(4) of this section.
U.S. Code of Federal Regulations
Title 23 - Highways
CHAPTER II - NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER D - TRANSFER AND SANCTION PROGRAMS
PART 1270 - OPEN CONTAINER LAWS
§ 1270.6. Transfer of funds
(a) On October 1, 2000, and October 1, 2001, if a State does not have in effect or is not enforcing the law described in § 1270.4, the Secretary shall transfer an amount equal to 11/2 percent of the funds apportioned to the State for that fiscal year under each of 23 U.S.C. 104(b)(1), (b)(3), and (b)(4) to the apportionment of the State under 23 U.S.C. 402.
(b) On October 1, 2002, and each October 1 thereafter, if a State does not have in effect or is not enforcing the law described in § 1270.4, the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State for that fiscal year under each of 23 U.S.C. 104(b)(1), (b)(3), and (b)(4) to the apportionment of the State under 23 U.S.C. 402.
(c) On October 1, the transfers to Section 402 apportionments will be made based on proportionate amounts from each of the apportionments under Sections 104(b)(1), (b)(3) and (b)(4). Then the State's Department of Transportation will be given until October 30 to notify FHWA, through the appropriate Division Administrator, if they would like to change the distribution among Section 104(b)(1), (b)(3) and (b)(4).
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