COMMITTEE SUBSTITUTE
FOR
H. B. 2436
(By Delegates Stemple, Shelton and Pino)
(Originating in the Committee on the Judiciary)
[February 26, 2003]
A BILL to amend chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article five-c, relating to
conforming the motor vehicle law of this state to the
requirements of section 1405(a) of the federal Transportation
Equity Act for the Twenty-first Century (23 U.S.C. 154), as
amended, which requires states to enact and enforce a law that
prohibits the consumption of an alcoholic beverage or the
possession of an open alcoholic beverage container in the
passenger area of a motor vehicle that is located on a public
highway or the right-of-way adjacent to a public highway.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article five-c, to read as
follows:
ARTICLE 5C. OPEN CONTAINER LAWS.
§17C-5C-1. Purpose.
The purpose of this article is to avoid the imposition of
sanctions against this state and the loss of federal-aid highway
construction funds under section 1405(a) of the federal
Transportation Equity Act for the Twenty-first Century (23 U.S.C.
154), as amended, which requires states to enact and enforce a law
that prohibits the consumption of an alcoholic beverage or the
possession of an open alcoholic beverage container in the passenger
area of a motor vehicle that is located on a public highway or the
right-of-way adjacent to a public highway.
§17C-5C-2. Applicability of definitions.
For the purposes of this article, the words or terms defined
in this article have the meanings ascribed to them. These
definitions are applicable unless a different meaning clearly
appears from the context.
§17C-5C-3. Alcoholic beverage defined.
"Alcoholic beverage" means:
(1) Alcoholic liquor as defined in section five, article one,
chapter sixty of this code; and
(2) Nonintoxicating beer as defined in section three, article
sixteen, chapter eleven of this code.
§17C-5C-4. Motor vehicle defined.
"Motor vehicle" means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail or rails.
§17C-5C-5. Open alcoholic beverage container defined.
"Open alcoholic beverage container" means any bottle, can, or
other receptacle that:
(1) Contains any amount of alcoholic beverage; and
(2)(A) Is open or has a broken seal; or (B) has had its
contents partially removed.
§17C-5C-6. Passenger area of a motor vehicle defined.
"Passenger area of a motor vehicle" means the area designed to
seat the driver and passengers while the motor vehicle is in
operation and any area that is readily accessible to the driver or
a passenger while in their seating positions, including the glove
compartment.
§17C-5C-7. Public highway defined.
"Public highway" means the entire width, including all of the
right-of-way between and immediately adjacent to the boundary
lines, of every way that is publicly maintained, when any part
thereof is open to the use of the public for purposes of vehicular
travel.
§17C-5C-8. Possession of an open alcoholic beverage container in
the passenger area of a motor vehicle; penalties.
(a) It is unlawful for the operator or a passenger of a motor
vehicle to consume any alcoholic beverage in the passenger area of
a motor vehicle located on a public highway or the right-of-way of
a public highway in this state, whether the vehicle is in motion or
at rest.
(b) It is unlawful for the operator or a passenger of a motor
vehicle to knowingly possess any open alcoholic beverage container
in the passenger area of any motor vehicle that is located on a
public highway or the right-of-way of a public highway in this
state, whether the vehicle is in motion or at rest. For purposes
of this subsection, the passenger area of a motor vehicle does not
include:
(1)(A) A locked glove compartment; or (B) a fixed center
console or other similar fixed compartment that is locked; and
(2) In a motor vehicle that is not equipped with a trunk; (A)
The area behind the last upright seat; or (B) an area not normally
occupied by the driver or a passenger.
(3) In a pickup truck that has no trunk, camper top or
separate enclosed area other than the cab of the truck, in the area
behind the front seat of the truck in a locked case or container
located so as to not be readily accessible to the driver or
passengers while in their seating positions.
(c) A person who violates the provisions of subsection (a) or
(b) of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than fifty dollars nor more than
one hundred dollars.
§17C-5C-9. Exceptions for passengers in certain vehicles.
The provisions of section eight of this article are not
applicable to a passenger:
(1) In the passenger area of a motor vehicle designed,
maintained or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab, or
limousine; or
(2) In the living quarters of a motorized or nonmotorized
house coach, house trailer, motor home or self-contained camper.
§17C-5C-10. Procedure on arrest.
If a person is arrested for an offense under the provisions of
this article, unless the provisions of section three, article
nineteen of this chapter require that the person arrested be taken
immediately before a magistrate for an offense described in that
section, the provisions of article nineteen of this chapter
regarding the issuance of a traffic citation containing a notice to
appear shall apply.
This article is new; therefore, strike-throughs and
underscoring have been omitted.