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Livery/Bus Open Container Law

(Click here to view the original thread on the MassCops Message Board)


Posted by: brys

Good Afternoon,
I have been reading this forum for a long time and find it interesting. I am not in LE.
I work in the transportation business, operating towncars, limos (LV Plates), vans (registered as BUS) and minibus vehicles on a CDL B with Endorsement P.
My question is regarding the open container law as it relates to these types of vehicles. The company I drive for allows passangers to bring and consume alcohol on board. Am I putting myself in danger of arrest for violation of 90-24 by allowing this in my vehicle or are there exceptions for livery and bus vehicles?

Thanks in advance for your input, my purpose for this thread is to make sure that I am not in violation of 90-24 or any other laws.



Posted by: Delta784

There's an exception for vehicles hired for compensation;

http://www.mass.gov/legis/laws/mgl/90-24i.htm

(c) This section shall not apply to (1) the passengers of a motor vehicle designed, maintained and used for the transportation of persons for compensation, or (2) the living quarters of a house coach or house trailer.

Just don't allow your passengers to hang out the windows, sunroof, etc. holding open containers because they could be on the hook for local ordinances concerning open containers in public.



Posted by: brys

Gotcha. Thanks for the info, it's appreciated.

B



Posted by: Wolfman

Plus, 90-24I is a civil infraction which carries only a fine; like Delta said any risk of arrest would come from a municipal ordinance as opposed to the state law.





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