Passengers drinking in your car.
Passengers drinking in your car.
Author
Discussion

E4UAN

Original Poster:

248 posts

242 months

Wednesday 31st October 2007
quotequote all
Anybody know if it's legal for passengers to drink alcohol in your car while you drive?
I've always been under the impression that even if it's a passenger, the driver is still responsible so can be charged with some form of dangerous driving/ etc. So I've made a point of not letting friends drink while I drive them anywhere, but after an argument they've decided I'm just talking rubbish.
I'd quite like to know for sure, I'm in Scotland if that makes any difference.

Bing o

15,184 posts

250 months

Wednesday 31st October 2007
quotequote all
E4UAN said:
Anybody know if it's legal for passengers to drink alcohol in your car while you drive?
I've always been under the impression that even if it's a passenger, the driver is still responsible so can be charged with some form of dangerous driving/ etc. So I've made a point of not letting friends drink while I drive them anywhere, but after an argument they've decided I'm just talking rubbish.
I'd quite like to know for sure, I'm in Scotland if that makes any difference.
It is legal.

Unless you are in North America.

Then it is not.

FiveStar

760 posts

235 months

Wednesday 31st October 2007
quotequote all
How is your friend drinking going to cause you to be charged with dangerous driving?? Are you mad?

GKP

15,099 posts

272 months

Wednesday 31st October 2007
quotequote all
Dunno. Whose round is it?

joewilliams

2,004 posts

232 months

Wednesday 31st October 2007
quotequote all
My sister was stopped last month because her passenger was polishing off a bottle of wine. As the trafpol could tell that she was sober, she was sent on her way.

So, legal. But expect to be stopped smile

E4UAN

Original Poster:

248 posts

242 months

Wednesday 31st October 2007
quotequote all
FiveStar said:
How is your friend drinking going to cause you to be charged with dangerous driving?? Are you mad?
I thought it was the same as seatbelts, ie it is the drivers responsibility to make sure passengers wear them.

tigger1

8,478 posts

252 months

Wednesday 31st October 2007
quotequote all
E4UAN said:
FiveStar said:
How is your friend drinking going to cause you to be charged with dangerous driving?? Are you mad?
I thought it was the same as seatbelts, ie it is the drivers responsibility to make sure passengers wear them.
Only the driver's responsibility for under 14s I think.

Drinking is ok as a passenger, and technically* ok even when you're driving. There's no laws about drinking alcohol in a car in the UK unlike many US states as mentioned.

*it's no more illegal than it is to drink a can of Coke etc

Bing o

15,184 posts

250 months

Wednesday 31st October 2007
quotequote all
tigger1 said:
E4UAN said:
FiveStar said:
How is your friend drinking going to cause you to be charged with dangerous driving?? Are you mad?
I thought it was the same as seatbelts, ie it is the drivers responsibility to make sure passengers wear them.
Only the driver's responsibility for under 14s I think.

Drinking is ok as a passenger, and technically* ok even when you're driving. There's no laws about drinking alcohol in a car in the UK unlike many US states as mentioned.

*it's no more illegal than it is to drink a can of Coke etc
It also applies to Canada as I found out once...

paulsm

410 posts

254 months

Wednesday 31st October 2007
quotequote all
you are responsible for your passengers, if they start hanging out the window drunk you could get charged.

I gave a friend a lift who'd been drinking, he decided to shout at people driving down the high street, we were followed by a copper who stopped us, had a go at me, said he could charge me with something, can't remember what now, brethalised me and gave my friend a severe ticking off.


pbsaxman

977 posts

256 months

Wednesday 31st October 2007
quotequote all
tigger1 said:
E4UAN said:
FiveStar said:
How is your friend drinking going to cause you to be charged with dangerous driving?? Are you mad?
I thought it was the same as seatbelts, ie it is the drivers responsibility to make sure passengers wear them.
Only the driver's responsibility for under 14s I think.

Drinking is ok as a passenger, and technically* ok even when you're driving. There's no laws about drinking alcohol in a car in the UK unlike many US states as mentioned.

*it's no more illegal than it is to drink a can of Coke etc
Except that driving while drinking from a can of coke or anything else can lead to a charge of lack of due care and attention much like eating a chocolate bar and maybe even smoking, or tuning the radio etc etc etc yikes

MilnerR

8,273 posts

289 months

Wednesday 31st October 2007
quotequote all
Nope no offence to have people drinking in the car, in fact they can be as pissed as chief constables providing they're not contravening any of the public order act!

Chrispy Porker

17,742 posts

259 months

Wednesday 31st October 2007
quotequote all
MilnerR said:
Nope no offence to have people drinking in the car, in fact they can be as pissed as chief constables providing they're not contravening any of the public order act!
Why do you think they have chauffeurs?

FiveStar

760 posts

235 months

Wednesday 31st October 2007
quotequote all
paulsm said:
you are responsible for your passengers, if they start hanging out the window drunk you could get charged.

I gave a friend a lift who'd been drinking, he decided to shout at people driving down the high street, we were followed by a copper who stopped us, had a go at me, said he could charge me with something, can't remember what now, brethalised me and gave my friend a severe ticking off.
err mate the offence was shouting out the window. BIB would have stopped you even if the passenger was sober. There is no way they would charge you as the driver if you didnt do anything to. BIB like to scare people by making false claims (if they said they could charge you), make sure you know your rights!

Munter

31,331 posts

272 months

Wednesday 31st October 2007
quotequote all
paulsm said:
you are responsible for your passengers, if they start hanging out the window drunk you could get charged.

I gave a friend a lift who'd been drinking, he decided to shout at people driving down the high street, we were followed by a copper who stopped us, had a go at me, said he could charge me with something, can't remember what now, brethalised me and gave my friend a severe ticking off.
My OH once stopped the car and kicked her friends bloke out for pratting around drunk while a passenger. "Wear your seatbelt sit down and shut up or get out!" Now she's 5 foot and a bit and he's 6 foot something and just got out with a long walk home by all accounts. Scary these women when they get annoyed! Right thing to do though.

MilnerR

8,273 posts

289 months

Wednesday 31st October 2007
quotequote all
Chrispy Porker said:
MilnerR said:
Nope no offence to have people drinking in the car, in fact they can be as pissed as chief constables providing they're not contravening any of the public order act!
Why do you think they have chauffeurs?
Because they're all banned for speeding wink

Chrispy Porker

17,742 posts

259 months

Wednesday 31st October 2007
quotequote all
MilnerR said:
Chrispy Porker said:
MilnerR said:
Nope no offence to have people drinking in the car, in fact they can be as pissed as chief constables providing they're not contravening any of the public order act!
Why do you think they have chauffeurs?
Because they're all banned for speeding wink
or don't want to be.

Bing o

15,184 posts

250 months

Wednesday 31st October 2007
quotequote all
Chrispy Porker said:
MilnerR said:
Chrispy Porker said:
MilnerR said:
Nope no offence to have people drinking in the car, in fact they can be as pissed as chief constables providing they're not contravening any of the public order act!
Why do you think they have chauffeurs?
Because they're all banned for speeding wink
or don't want to be.
Can't claim to need his car for work then can he.

1. Because he has a chauffeur

2. Because he won't have a job smile

MilnerR

8,273 posts

289 months

Wednesday 31st October 2007
quotequote all
Chrispy Porker said:
MilnerR said:
Chrispy Porker said:
MilnerR said:
Nope no offence to have people drinking in the car, in fact they can be as pissed as chief constables providing they're not contravening any of the public order act!
Why do you think they have chauffeurs?
Because they're all banned for speeding wink
or don't want to be.
hehe

Dwight VanDriver

6,583 posts

275 months

Wednesday 31st October 2007
quotequote all
Passenger drinking whilst car being driven - offence?

Could be if the driver was a learner and passenger the supervisor.

Hanging out of window - false claim offence by PC?.

No - Specific offence under Reg 100 Con and Use 1986:-

A m/veh shall at all times be such that no danger is caused, or likely to be caused to ANY PERSON in or on the vehicle or on a road by reason of the manner passengers are carried.
3 POINTS.

dvd




robwales

1,427 posts

241 months

Thursday 1st November 2007
quotequote all
I don't think it's illegal, but I definitely don't allow it in my car due to the resultant behaviour that follows.