Finding an open can of beer or an uncorked bottle of wine in a vehicle often leads people to ask the same question: "If the driver hasn't been drinking, what's the problem?"
British Columbia law doesn't prohibit only impaired driving. It also regulates when and where liquor may be carried in a motor vehicle. In most cases, neither the driver nor the passengers may have readily accessible liquor while travelling on a public road.
Understanding these rules can help you avoid an unnecessary ticket and ensure that alcohol is transported legally.
Can You Have Liquor in a Motor Vehicle?
Section 76 of the Liquor Control and Licensing Act prohibits a person from driving or exercising care and control of a motor vehicle while there is liquor in their possession or anywhere in the vehicle unless one of the exceptions in the Act applies.
This means that the law is concerned with more than whether the driver has consumed alcohol. Simply having liquor that is readily accessible inside the vehicle may be enough to commit an offence.
Can Passengers Drink Alcohol?
In almost every case, no.
Section 73 of the Liquor Control and Licensing Act prohibits passengers from consuming liquor in a motor vehicle on a public road. At the same time, the driver or person exercising care and control of the vehicle may also commit an offence under section 76 if liquor is present in the vehicle contrary to the Act.
Depending on the circumstances, both the passenger and the driver may be charged, even if the driver has not consumed any alcohol.
There are limited exceptions where liquor may be transported or consumed under the authority of a licence or permit. This is why passengers in some limousines or party buses may be permitted to consume alcohol while travelling.
If you'd like to learn more about those exceptions, see Drinking Alcohol or Smoking Marijuana in a Limousine or Party Bus.
How Should Liquor Be Transported?
If you are transporting liquor in a motor vehicle, it should be:
- in an unopened container with an unbroken manufacturer's seal;
- transported under the authority of a licence, authorization or permit; or
- stored where it is not readily accessible to the driver and passengers.
For common vehicle types, that generally means:
| Vehicle Type | Proper Storage Location |
|---|---|
| Sedan | In the trunk. |
| Hatchback or station wagon | Behind the rear seat in the cargo area. |
| Pickup truck | In the cargo box or another exterior compartment. |
| Motorcycle | Stored where it is not readily accessible to the rider. |
| Motorhome | In a cabinet or storage area away from the driver's compartment. |
What About Leftover Wine from a Restaurant?
Many restaurants will reseal an unfinished bottle of wine for customers to take home.
Once it is in your vehicle, it must still be transported according to the law. The safest place is the trunk or another location that is not readily accessible to anyone riding in the vehicle.
The Bottom Line
The simplest way to comply with British Columbia's open liquor laws is to keep alcohol sealed until you reach your destination. If you are transporting an opened container, store it where it cannot be readily accessed by anyone in the vehicle.
When travelling in a limousine or party bus, different rules may apply if the operator is authorized to transport or serve liquor under the appropriate licence or permit.
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