Passengers and Alcohol | GTAMotorcycle.com

Passengers and Alcohol

mistersouthpaw said:
is it illegal to carry a passenger who has had some booze?

just curious
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As long as the operative word is really "had", it is not illegal as long as they are not a passenger sitting behind the steering wheel.

If they STILL have booze when they are a passenger, then yes, it is illegal regardless of where they are sitting.
 
yea I didnt think it was illegal.. not that I want to be carrying around drunk people lol just incase..

and griff what do you mean? if they are carrying booze while on the back thats illegal? same as the open liquor in a car law?
 
It should be illegal if they are over the limit, being a passenger on bike requires way more attention than being a passenger in a car.
 
mistersouthpaw said:
yea I didnt think it was illegal.. not that I want to be carrying around drunk people lol just incase..

and griff what do you mean? if they are carrying booze while on the back thats illegal? same as the open liquor in a car law?
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If you have open liquor in the car, or your passenger does, or even if its just laying on the back seat, that too is illegal if the driver can access it.
 
hmmm...full face helmet, 2-4 on the back seat of the bike......technically the driver can reach it....
 
griff2 said:
If you have open liquor in the car, or your passenger does, or even if its just laying on the back seat, that too is illegal if the driver can access it.
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Always wondered how this one does get handled on a bike...say you had a flask in a tailbag...does that count as illegal? Virtually impossible to reach back and get it, open it, and drink it while riding and wearing a full faced helmet, gloves, etc.

That said, I'm guessing 99% of the time if you aren't intoxicated (0% BAC) and don't hassle a cop they'd have no reason to check the bike for anything in the first place.

As for the OP question, I doubt an intoxicated passenger would matter, legally, but realistically I'd never ride with one, since if they lean the wrong way, you could go wide or go down (or they could fall off themselves and potentially take you with them).
 
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conundrum said:
Always wondered how this one does get handled on a bike...say you had a flask in a tailbag...does that count as illegal? Virtually impossible to reach back and get it, open it, and drink it while riding and wearing a full faced helmet, gloves, etc.

That said, I'm guessing 99% of the time if you aren't intoxicated (0% BAC) and don't hassle a cop they'd have no reason to check the bike for anything in the first place.

As for the OP question, I doubt an intoxicated passenger would matter, legally, but realistically I'd never ride with one, since if they lean the wrong way, you could go wide or go down (or they could fall off themselves and potentially take you with them).
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I doubt that you would have much to worry about from a traffic ticket point of view.

The bigger worry would be with civil liability if the passenger is quite drunk and manages to fall off. You let a drunk on the back of a bike where their ability to stay on the bike requires a lot more than does someone who you have just poured into the back of an enclosed car.
 
A buddy got pulled over with his wife riding pillion. She was air dancing and the cop was going to charge him with improper hand signals. She managed to explain she was just getting into the spirit of the moment and they didn't get written up. She was sober but happy.

What other things could a driver charged with that was the work of an adult passenger? Littering, seat belt, smoking with child in car?
 
nobbie48 said:
A buddy got pulled over with his wife riding pillion. She was air dancing and the cop was going to charge him with improper hand signals. She managed to explain she was just getting into the spirit of the moment and they didn't get written up. She was sober but happy.

What other things could a driver charged with that was the work of an adult passenger? Littering, seat belt, smoking with child in car?
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If a person over 16 isn't wearing their seat belt they get the ticket, if a person 16 or younger is not wearing a seat belt then ticket goes to the driver. Generally follows this premise for most HTA infractions. Thinking being is the driver is responsible for those under 16 in the vehicle. over 16 your responsible for yourself. Had the officer charged your friend he would have had a viable defence. It was not him who was making the hand signals and he is the one the court would judge to "be in control of the vehicle." Same principle if you had a bike without signals it is the rider who has to make the hand signals not the passenger.
 
In two-up mode, I relegate all arm actions to my dear pillion. Typically this is the 'hello other biker' wave (which gets tired on summer long weekends), but I've recently trained her on the 'tap the top of your helmet' alert to oncoming bikers...
 
FLSTC said:
In two-up mode, I relegate all arm actions to my dear pillion. Typically this is the 'hello other biker' wave (which gets tired on summer long weekends), but I've recently trained her on the 'tap the top of your helmet' alert to oncoming bikers...
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True but those aren't hand signals as per the HTA..lol
 
I did a little research.
The Criminal Code prohibitions regarding Impaired and Over 80 mg. refer to the "operator" of the vehicle.
If a passenger is left in the car or on the seat and the keys are available to them they could be charged with "care and control" while impaired.
 
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