Drinking and not driving

[bobtail4x4]

picked a mate up last night, I was early, he was still drinking his can of beer,

he said something about holding it low so the cops dont see it,

eh? he has been told its not legal for a passenger to drink in the car,

Anyone heard this?

[dundarach]

First time I've ever heard such nonsense

But it reminds me of years and years ago when I bought a small stubby bottle of beer in the garage and drank it driving along, other than the situation with the cellar and the bodies, it felt like the most illegal thing I'd ever done!

[Red Devil]

The only specific prohibition in law is when supervising a learner. However if a passenger not so engaged causes the driver to be distracted or drive recklessly, the latter can face a Section 2 or Section 3 RTA 1988 charge

[dundarach]

Red Devil said:

The only specific prohibition in law is when supervising a learner. However if a passenger not so engaged causes the driver to be distracted or drive recklessly, the latter can face a Section 2 or Section 3 RTA 1988 charge

But presumably only then when over the limit.

[NDA]

Is he an American?

[kiethton]

It's not even illegal to have a few beers yourself while driving.

Back in the day I used to crack a can or 2 on the drive back from work to help me catch up before the student union!

[TheDrownedApe]

kiethton said:

It's not even illegal to have a few beers yourself while driving.

Back in the day I used to crack a can or 2 on the drive back from work to help me catch up before the student union!

In my younger days, on a Friday, I would speed from work to my GF uni house in Cov (about 20 miles and 30 min drive). I needed to "catch up" so would drink a couple of cans on the drive over. Never thought anything of it but the look from other drivers on the A46 or Cov ring road were priceless

[bobtail4x4]

thanks chaps, I was worried Boris had snuck a new law in when in charge,

[Derek Smith]

From a policer offer's point of view, a passenger, particularly front seat, drinking beer from a can is worth a stop for DD. No reason is need to stop a vehicle, so it's legal.

[kestral]

Derek Smith said:

From a policer offer's point of view, a passenger, particularly front seat, drinking beer from a can is worth a stop for DD. No reason is need to stop a vehicle, so it's legal.

That's stopping but what about administering a breath test after the stop?

It's not the driver who is drinking so where would the " resonably suspect" required by law to administer a breath test come from?, the passenger is not driving.

[Bigends]

kestral said:

Derek Smith said:

From a policer offer's point of view, a passenger, particularly front seat, drinking beer from a can is worth a stop for DD. No reason is need to stop a vehicle, so it's legal.

That's stopping but what about administering a breath test after the stop?

It's not the driver who is drinking so where would the " resonably suspect" required by law to administer a breath test come from?, the passenger is not driving.

Traffic offence or alcohol suspected are requirements in relation to breath test requests. The smell of alcohol in the car, albeit that the passenger is drinking may be sufficient for an officer to require a test from the driver.

[Panamax]

NDA said:

Is he an American?

Precisely. In most US states it's unlawful to have any open alcohol inside a vehicle. There's nothing like this in UK.

Mind you, drinking alcohol is prohibited on almost all UK public transport. Is there any enforcement? None whatsoever.

[Oceanrower]

Panamax said:

Mind you, drinking alcohol is prohibited on almost all UK public transport. Is there any enforcement? None whatsoever.

Is it? Most reasonably long distance trains I’ve take actually sell you the stuff!

[dundarach]

Oceanrower said:

Panamax said:

Mind you, drinking alcohol is prohibited on almost all UK public transport. Is there any enforcement? None whatsoever.

Is it? Most reasonably long distance trains I ve take actually sell you the stuff!

Yeah utter nonsense, drank several beers on the train recently. No issues with anyone.

[Penny Whistle]

Panamax said:

Precisely. In most US states it's unlawful to have any open alcohol inside a vehicle. There's nothing like this in UK.

Also the case in Scandinavia, I think - in fact possibly any alcohol has to be in the boot.

[Purosangue]

Derek Smith said:

From a policer offer's point of view, a passenger, particularly front seat, drinking beer from a can is worth a stop for DD. No reason is need to stop a vehicle, so it's legal.

Why would a front seat passenger drinking be an issue ? its not against the law

[Bigends]

Purosangue said:

Derek Smith said:

From a policer offer's point of view, a passenger, particularly front seat, drinking beer from a can is worth a stop for DD. No reason is need to stop a vehicle, so it's legal.

Why would a front seat passenger drinking be an issue ? its not against the law

Shouldnt be an issue at all - but will be an issue for some officers.

[Penny Whistle]

Purosangue said:

Why would a front seat passenger drinking be an issue ? its not against the law

Because of the possibility/likelihood that the can is being shared with the driver ?

[Panamax]

Oceanrower said:

Is it? Most reasonably long distance trains I ve take actually sell you the stuff!

Check out buses, London Underground etc.

"Drinking alcohol and carrying open containers of alcohol is prohibited on all Transport for London (TfL) services, including London Underground, buses, DLR, tram services, and London Overground. Violating this ban can lead to being asked to leave the network or fines up to £1,000."

I think it's fair to suggest that long distance trains, including Eurostar, are significantly more expensive/civilised than your average £1.75 bus ride.

[AlexRS2782]

bobtail4x4 said:

he has been told its not legal for a passenger to drink in the car

That sounds like your mate has read some clickbait online article or has been fed slop from an AI assistant, referencing laws from another country as mentioned by a couple of other posters, and chosen to believe it rather than fact checking.