Discussion in 'Houston' started by DavidCervantes, Sep 11, 2015.
Can riders drink alcohol while they are in the car?
Wait they can but it's illegal...no special rules for uber
It's illegal? Is that a law? I've never heard that before.
Open container will probably get u a ticket.
I think the bigger question is why YOU would allow drinking in your car.
Uber's policy states that riders can not have open containers of alcohol.
But whatcha going to do? Take a bad rating? I am very relaxed when it comes to this stuff. I know it feels good to save a few dollars. I did have one idiot spill his drink. He didn't tell me, (it was night) but I do a quick walk through of my car after every ride. If he would of apologized and tipped me, I could of been okay with it. (Fortunately this was on the floor, so I was able to shampoo it at a car wash in the hood, and keep rolling, for the night, but not before I took pictures and sent it to Uber for a cleaning fee. Easy $200. I was surprised the next morning that the quick shampoo/vacuum worked.
People still believe me when I say no one vomited in my car.
I tell them to cancel and drive a half block down. If they don't 5 mins after arrival I cancel them. Cancel fee no rating.
If you get pulled over and there is an open container you will get a ticket. It is also an arrestable offense if the officer feels so inclined. It is the drivers responsibility to make sure this doesn't happen. Most of the time I'm not concerned with getting pulled over, but you never know when a cop will see that person enter your car with said beverage.
I thought that only applied to the driver? Because if that's the case, how do party busses and limousines with liquor in the back get away with it?
I don't now but I use too. Last year during the rodeo i had a couple who wanted to stop at the liquor store before going to NRG. They dranked in the car on the way. Another time a let a woman drink wine in my car, which the idiot ended up spilling on my seats. Never again.
This says busses, limousine, and taxis(which we are, regardless of what uber days) are exempt.
Well it seems we all are Lawyers. I saw in another article "open container law" is excluded from taxi's, buses, limos etc. Hell Yeah for Party Buses and full stocked Limo. Also I did read in the Austin DWI Lawyer web site.
But we are TNC's also. So I say we fit but didn't see a diffent term saying TNC are allowed.
Most people don't know the exception to the law. Most will comply to chug and go unless already drunk in that case I say leave them anyway.
In Houston, we aren't taxis. We haven't taken the taxi test and don't have taxi meter or taxi branding.
My point. And most folks who even TRY to drink in the car are @@@@@@bag pax I don't want anyway.
If they walk up with a drink and I tell them they can't bring it ANY response that is not along the lines of "sorry, let me dump it real quick" or "Oh yeah, no problem" and I cancel.
Groups with drinks obviously already pretty drunk I don't even bother asking. At least one will argue.
If a uber driver got a ticket for this, I would think the courts would have to throw it out, or update the laws since their was no such thing as uber or"ride sharing" when this laws were created.
It doesn't matter read the law again.
(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:
(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or
We use our vehicle for transportation of persons for compensation. It sounds like we fall within the exception of the open carry law. Maybe someboy who is a lawyer can weigh in.
Well, I'm not a lawyer, but I think the driver would be held responsible, unless the pax held a gun to his head and demanded he drive. Just like if you get pulled over because your pax aren't wearing their seatbelts. It's the driver's ass.
Seems like a gray area since it says 'primarily.' I guess we won't know for sure until there is an actual court case involving the situation setting a precedent.
It's no grey area. We are not Taxi's. We are a private vehical utilizing an app to make a few extra bucks. But hey, who am I to tell you how to handle your business.
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