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Carrying alcohol in the vehicle
- Thread starter fastar1
- Start date
SaugaRider
Well-known member
Assuming same way as car, nothing opened and it's alright.
FLSTC
Well-known member
Ontario Liquor License Act: http://www.ontario.ca/laws/statute/90l19
Two relevant sections:
1. It must be unopened and not 'readily available' - my interpretation: you cannot reach back, grab a bottle and take a swig.
2.This act gives police authority to search the vehicle and persons therein if they suspect a violation of this act. My interpretation: Cop suspects you of being a dopehead and spies a case of beer in rear seat - may use that to search car and persons (with tbe hope of a dope bust).
So a flask of Fireball Shooter in your saddlebag is illegal, although I would argue that it's part of my first aid kit LoL. But don't do anything to get get stopped (eg. speeding) and if you do get stopped, don't be an a-h0le, and you'll never get a ticket for this.
Also, if you're into other questionable activities where you wouldn't want to open up the chance for a warrantless search, eg smuggling meth, don't have any alcohol or related packaging with you.
I recall being asked if I had any alcohol in my saddlebags on the way into Port Dover (Fri 13) - if I had said yes, then they may have searched further...
Conveying liquor in vehicle, boat
32. (1) No person shall drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act or a motorized snow vehicle, whether it is in motion or not, while there is contained in the vehicle any liquor, except under the authority of a licence or permit. R.S.O. 1990, c. L.19, s. 32 (1).
Exception
(2) Subsection (1) does not apply if the liquor in the vehicle,
(a) is in a container that is unopened and the seal unbroken; or
(b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle. R.S.O. 1990, c. L.19, s. 32 (2).
Search of vehicle or boat
(5) A police officer who has reasonable grounds to believe that liquor is being unlawfully kept in a vehicle or boat may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it. R.S.O. 1990, c. L.19, s. 32 (5).
Two relevant sections:
1. It must be unopened and not 'readily available' - my interpretation: you cannot reach back, grab a bottle and take a swig.
2.This act gives police authority to search the vehicle and persons therein if they suspect a violation of this act. My interpretation: Cop suspects you of being a dopehead and spies a case of beer in rear seat - may use that to search car and persons (with tbe hope of a dope bust).
So a flask of Fireball Shooter in your saddlebag is illegal, although I would argue that it's part of my first aid kit LoL. But don't do anything to get get stopped (eg. speeding) and if you do get stopped, don't be an a-h0le, and you'll never get a ticket for this.
Also, if you're into other questionable activities where you wouldn't want to open up the chance for a warrantless search, eg smuggling meth, don't have any alcohol or related packaging with you.
I recall being asked if I had any alcohol in my saddlebags on the way into Port Dover (Fri 13) - if I had said yes, then they may have searched further...
Conveying liquor in vehicle, boat
32. (1) No person shall drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act or a motorized snow vehicle, whether it is in motion or not, while there is contained in the vehicle any liquor, except under the authority of a licence or permit. R.S.O. 1990, c. L.19, s. 32 (1).
Exception
(2) Subsection (1) does not apply if the liquor in the vehicle,
(a) is in a container that is unopened and the seal unbroken; or
(b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle. R.S.O. 1990, c. L.19, s. 32 (2).
Search of vehicle or boat
(5) A police officer who has reasonable grounds to believe that liquor is being unlawfully kept in a vehicle or boat may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it. R.S.O. 1990, c. L.19, s. 32 (5).
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I thought it was fine where ever as long as the seal isn't broken. You're saying it also can't be readily available? I guess I should stop putting wine bottles in my cup holder on the way to parties? I also carry them in the external water bottle pockets on my backpack when I stop to pick some up on my ride home. Maybe I should stop that. Kinda hard to drink with a full face helmet on, though.
Riceburner
Well-known member
opened,but not readily available is fine. Just have it inside the backpack/bag.
^ This, note s.32(2)(a) and the "or" at the end of the paragraph... it's one OR the other. If the seal is intact it can be anywhere. In a car that means you could even be holding it (although that will likely get you pulled over to verify the seal). If the seal is broken, THEN it must be closed and not readily available.
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+1, as long as the seal is intact it can be anywhere within the vehicle. If seal is broken then it must be "not readily available" IE in the trunk, or inside your backpack if on a bike. shouldn't even be inside a tank bag on a bike.
You can drive with a bottle of wine in your lap, so long as the the bottle is NOT opened. Obviously, you can't be drinking from it. If it's opened, it better not be at all accessible to you - the driver. AKA - just put it in the frackin' trunk. As for a motorcycle, readily accessible becomes anywhere on your motorcycle, so I'd recommend NOT carrying open (seal broken) alcohol with you.
I know you're trying to describe the difference but your terminology will get someone in trouble.
Sealed refers to the factory seal. Any alcohol that is still sealed can be anywhere in/on a motor vehicle.
If the seal is broken, it doesn't matter if it's open or not, it can't be accessible to the driver.
That's ridiculous. There is no way I would believe someone would ever be convicted of having an unsealed bottle in a backpack or saddlebag.
I agree I would have never laid a charge, (if in a saddle bag or knapsack the rider would IMHO be taking "appropriate" measures). But that isn't to say a cop having a bad day with a rider with "attitude", (in the cops mind), wouldn't lay the charge. But i doubt it would end in a conviction.
Open face helmet. Cruiser motorcycle. Open bottle of alcohol in backpack or anywhere in any bag. You know, you don't have to be motoring along and drinking for the charge. Seems rather accessible to me. Indeed getting a conviction is one thing, but many cops have many years and practice at the word, "articulation."
COYO, I don't see the issue, because I define "open" as seal is broken in my post. Admittedly I don't care if it gets anyone in trouble. This stuff is part of basic G1/M1 licensing in Ontario, and the fact that it even comes up is amazing. You'd think most people would have the common sense to simply NOT bother with the potential issues associated with open (seal-broken) alcohol & motor vehicles.
Thanks, just what I was looking for.
Even with an open faced helmet, if you can get a bottle out of your backpack, while riding and half drunk already, I'd be impressed.
Challenge accepted? lol
The "seal" extends to the glue holding the box of beer closed, as I found out the hard way. I was driving a hatchback that did not have a trunk cover (factory option not purchased, so the cover was not a standard part of the car) with two buddies in the car with me. Smallish cooler in the trunk with some beers chilling while on the way to a party, with the remainder of the case also in the trunk. RIDE stop, cooler and case clearly visible in the trunk, questions asked, car searched, beer confiscated, and a fine for having alcohol readily available. There were no open bottles in the vehicle and I hadn't had a single drink (yet). Apparently if the case of beer had been unopened, we would have been okay, or if there were only two of us in the vehicle, both in the front, we also would have been okay. It's quite the catch. Basically any van, SUV, or hatchback is susceptible to the alcohol readily available fine if the alcohol is located anywhere any passenger can reach it.
Edit: technically even a sedan with rear seat/trunk pass-through would be susceptible, but the trunk contents would be out of sight during a routine stop.
Edit: technically even a sedan with rear seat/trunk pass-through would be susceptible, but the trunk contents would be out of sight during a routine stop.
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