Open container in Tennessee?

[Guest bazookazilla]

I read an article in the paper today that said that there was talk of banning open containers of alcohol in vehicles in Tennessee. That lead me to believe that it was OK to have open containers of alcohol in a moving vehicle in TN. I had always assumed that open containers were illegal. Am I assuming incorrectly?

[strickj]

Theres another thread on this somewheres,but yeah your right there trying to ban open container.

Now I too always thought it was already illegal considering I was charged with it once .The container wasnt open,and they dropped it btw

[Guest Disney]

It depends on the city you are in. The law varies from city to city and some counties as well I believe.

Pretty much, most places in TN you can have an open container if you are not the only one in the car. (it's my buddies beer.. I was just holdin it)

In Nashville, they have no open containers allowed unless it's a Limo service.

Don't quote me on any of this, i only stayed at a Holiday Inn Express last night.

[Fallguy]

State law says the driver can not not have an open container, but passengers can. So if there are 4 people in the car, their had better only be 3 open cans.

Many cities have ordnance's against open containers in public period. In a car or on the street.

They law, if changed would still allow open containers in Vehicles for hire (Limos) and the living area of RVs.

As of now it has been sent to Summer Study Committee HB3059

Current State Open Container law.

55-10-416 Open container law.

(a) (1) No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.

(2)

For purposes of this section:

(A)

“Open container†means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;

(

An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and

©

A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.

( (1) A violation of this section is a Class C misdemeanor, punishable by fine only.

(2)

For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in §

40-7-118

.

© The provisions of this section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of such vehicle by its driver, or be construed to limit the penalties authorized by law for violation of such an ordinance or resolution.

Edited May 13, 2008 by Fallguy

[Guest Mugster]

In nashville, an open container was made illegal in the early 80's I think. When they passed the law, people started putting their beers in a paper bag for the drive home. Thus the term "metro bag" was coined.

[Guest db99wj]

You shouldn't be driving with an open container....you could hit a bump and spill your drink.

[strickj]

You shouldn't be driving with an open container....you could hit a bump and spill your drink.

Thats what we call alcohol abuse

[bteague2]

Where can I find what counties/cities have their own ordinances?

[Fallguy]

Where can I find what counties/cities have their own ordinances?

Don't know if this would cover all, but below are a couple of places to check.

Multiple Code Search Service

http://www.mtas.utk.edu/public/municodesweb.nsf/