1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Alcohol” means spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption that contains more than 1/2 of 1% of alcohol by volume. [PL 1999, c. 293, §3 (NEW).]
B. “Open alcoholic beverage container” means a bottle, can or other receptacle that contains any amount of alcohol, and that is open or has a broken seal, or the contents of which are partially removed. [PL 1999, c. 293, §3 (NEW).]
C. “Passenger area” means the area designed to seat the operator and passengers while a motor vehicle is in operation and any area readily accessible to the operator or a passenger, including the glove compartment, while in their seating positions. [PL 1999, c. 293, §3 (NEW).]
D. “Public way” means a way, including a right-of-way, owned and maintained by the State, a county or a municipality over which the general public has a right to pass. [PL 1999, c. 293, §3 (NEW).]

[PL 1999, c. 293, §3 (NEW).]

Terms Used In Maine Revised Statutes Title 29-A Sec. 2112-A

  • For-hire transportation: means the transportation for compensation of passengers, freight or merchandise not owned by the carrier. See Maine Revised Statutes Title 29-A Sec. 101
  • License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
  • Motor home: means a motor vehicle that:
A. See Maine Revised Statutes Title 29-A Sec. 101
  • Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
    • A. See Maine Revised Statutes Title 29-A Sec. 101
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101
  • Public way: means a way, owned and maintained by the State, a county or a municipality, over which the general public has a right to pass. See Maine Revised Statutes Title 29-A Sec. 101
  • Semitrailer: includes , but is not limited to, so-called pole dollies and pole dickeys and wheels commonly used as a support for the ends of logs or other long articles. See Maine Revised Statutes Title 29-A Sec. 101
  • Taxicab: means a sedan, station wagon or minivan used for hire, with a driver, that has a seating capacity of fewer than 5 persons behind the driver. See Maine Revised Statutes Title 29-A Sec. 101
  • Trailer: means a vehicle without motive power, designed to carry persons or property and to be drawn by a motor vehicle, not operated on railroad tracks, and so constructed that no part of its weight rests upon the towing vehicle. See Maine Revised Statutes Title 29-A Sec. 101
  • Truck: means a motor vehicle designed and used primarily to carry property. See Maine Revised Statutes Title 29-A Sec. 101
  • Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
  • Way: means the entire width between boundary lines of a road, highway, parkway, street or bridge used for vehicular traffic, whether public or private. See Maine Revised Statutes Title 29-A Sec. 101
    • 2. Violation. The operator of a vehicle on a public way is in violation of this section if the operator or a passenger in the passenger area of the vehicle:
    A. Consumes alcohol; or [PL 1999, c. 293, §3 (NEW).]
    B. Possesses an open alcoholic beverage container. [PL 1999, c. 293, §3 (NEW).]

    [PL 1999, c. 293, §3 (NEW).]

    3. Exceptions. An operator of a vehicle is not in violation of this section if:
    A. The operator or a passenger possesses an open alcoholic beverage container in a vehicle not equipped with a trunk if the open alcoholic beverage container is located behind the last upright seat of the vehicle or in an area not normally occupied by the operator or passenger; [PL 1999, c. 293, §3 (NEW).]
    B. A passenger transported for a fee consumes alcohol or possesses an open alcoholic beverage container in a vehicle designed for the for-hire transportation of passengers other than a taxicab; [PL 1999, c. 293, §3 (NEW).]
    C. A passenger possesses an open alcoholic beverage container or a passenger consumes alcohol in the living quarters of a motor home, trailer, semitrailer or truck camper; or [PL 1999, c. 293, §3 (NEW).]
    D. The operator or the operator’s employer holds a valid off-premise catering license issued under Title 28-A, section 1052 and the alcohol is being transported either to or from a catered event. [PL 1999, c. 293, §3 (NEW).]

    [PL 1999, c. 293, §3 (NEW).]

    SECTION HISTORY

    PL 1999, c. 293, §3 (NEW).
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