Georgia Senate - 1995/1996 Sessions

SB 60 - Open Alcoh. Bev. in Auto - unlawful

Page Numbers - 1/ 2/ 3

Code Sections - 40-6-253

1. Clay  37th             2. Egan  40th              3. McGuire  30th
4. Newbill  56th


Senate Comm: S Judy     /         House Comm: SJudy      /                                          
Senate Vote: Yeas 51    Nays 1                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/12/95   Read 1st time          1/30/95                                               
             1/25/95   Favorably Reported                                                           
             1/26/95   Read 2nd Time          1/31/95                                               
             1/27/95   Read 3rd Time                                                                
             1/27/95   Passed/Adopted                                                               
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 40-5-57, 40-6-253                                                            


SB 60 95                                           LC 9 7930

      SENATE BILL 60

      By:  Senators Clay of the 37th, Egan of the 40th,
           McGuire of the 30th and Newbill of the 56th

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Title 40 of the Official Code of Georgia Annotated,
  1- 2  relating to motor vehicles and traffic, so as to change the
  1- 3  provisions relating to possession of open containers of
  1- 4  alcoholic beverages in a motor vehicle; to provide that it
  1- 5  shall be unlawful for any person to possess an open
  1- 6  container of an alcoholic beverage while operating a motor
  1- 7  vehicle or while a passenger in a motor vehicle; to provide
  1- 8  for a definition; to provide for exceptions; to provide for
  1- 9  a penalty; to provide that any person found guilty of
  1-10  possession of such open container shall be assessed four
  1-11  points against his or her license; to repeal conflicting
  1-12  laws; and for other purposes.

  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-14  Title 40 of the Official Code of Georgia Annotated, relating
  1-15  to motor vehicles and traffic, is amended by striking in its
  1-16  entirety subparagraph (c)(1)(A) of Code Section 40-5-57,
  1-17  relating to points assessed for certain offenses, and
  1-18  inserting in lieu thereof a new subparagraph (c)(1)(A) to
  1-19  read as follows:

  1-20        "(c)(1)(A) Except as provided in subparagraph (C) of
  1-21        this paragraph, the points to be assessed for each
  1-22        offense shall be as provided in the following
  1-23        schedule:

  1-24        Reckless driving............................ 4 points

  1-25        Unlawful passing of a school bus............ 6 points

  1-26        Improper passing on a hill or a curve....... 4 points

  1-27        Exceeding the speed limit by more than 14
  1-28        miles per hour but less than 19 miles per
  1-29        hour........................................ 2 points

  1-30        Exceeding the speed limit by 19 miles per
  1-31        hour or more but less than 24 miles per


                              S. B. 60
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                                                   LC 9 7930

  2- 1        hour........................................ 3 points

  2- 2        Exceeding the speed limit by 24 miles per
  2- 3        hour or more but less than 34 miles per
  2- 4        hour........................................ 4 points

  2- 5        Exceeding the speed limit by 34 miles per
  2- 6        hour or more................................ 6 points

  2- 7        Disobedience of any traffic-control device
  2- 8        or traffic officer.......................... 3 points

  2- 9        Too fast for conditions..................... 0 points

  2-10        Possessing  an open container of an
  2-11        alcoholic beverage while driving........... 24 points

  2-12        Failure to adequately secure a load,
  2-13        except fresh farm produce, resulting in
  2-14        loss of such load onto the roadway which
  2-15        results in an accident...................... 2 points

  2-16        All other moving traffic violations which
  2-17        are not speed limit violations............. 3 points"

                         SECTION 2.

  2-18  Said title is further amended by striking Code Section
  2-19  40-6-253, relating to possession of an open container of an
  2-20  alcoholic beverage while operating a vehicle, and inserting
  2-21  in lieu thereof a new Code Section 40-6-253 to read as
  2-22  follows:

  2-23    "40-6-253. (Index)

  2-24    (a) As used in this Code section, 'open container' means
  2-25    any container which is immediately capable of being
  2-26    consumed from or the seal of which has been broken.

  2-27    (b) No person shall possess an open container of any
  2-28    alcoholic beverage while operating a vehicle in this state
  2-29    or while a passenger in or on a vehicle being operated in
  2-30    this state.  For the purposes of this Code section,:

  2-31      (1) An an open container shall be considered to be in
  2-32      the possession of the operator of a vehicle if the
  2-33      container is not in the possession of a passenger and is
  2-34      not located in a locked glove compartment, locked trunk,
  2-35      or other locked nonpassenger area of the vehicle.; and

  2-36      (2) An open container shall be considered to be in the
  2-37      possession of a passenger of a vehicle if the container
  2-38      is in the physical control of the passenger.

                              S. B. 60
                                 -2- (Index)

                                                   LC 9 7930

  3- 1    (c) This Code section shall not apply to:

  3- 2      (1) A passenger of a vehicle for hire in which the
  3- 3      driver is operating the vehicle pursuant to a duly
  3- 4      issued certificate of public convenience and necessity;

  3- 5      (2) A passenger of a bus in which the driver holds a
  3- 6      valid commercial driver's license issued pursuant to
  3- 7      Article 7 of this chapter; or

  3- 8      (3) A passenger of a self-contained motor home the
  3- 9      length of which exceeds 21 feet.

  3-10    (c)(d) Any person who violates this Code section is
  3-11    subject to a fine not to exceed $200.00 guilty of a
  3-12    misdemeanor.

  3-13    (d)(e) A county or municipal corporation ordinance which
  3-14    imposes more stringent restrictions on the possession of
  3-15    alcoholic beverages in vehicles than those imposed by this
  3-16    Code section shall not be preempted by this Code section."

                         SECTION 3.

  3-17  All laws and parts of laws in conflict with this Act are
  3-18  repealed.

























                              S. B. 60
                                 -3- (Index)