Uber & Lyft Drivers - Customers Drinking Alcohol In Vehicle (NEVADA)

[acvegasUSA]

Las Vegas, Nevada

Uber/Lyft Drivers - do the "Open Container" Laws in Nevada - NRS 484B.150 apply to Uber/Lyft Drivers carry passengers in a vehicle whom are consuming alcoholic beverages?

NOTE: Nevada Taxi Drivers, Nevada Limousine Companies and most Nevada Commercial Transportation Companies are legally exempt from Nevada NRS 484B.150 Law. And in Nevada ALL Uber/Lyft Drivers are required to obtain a Business License; does obtaining a "Nevada Business License" in-turn make each Uber/Lyft Driver a "Commercial Driver" (so-to-speak)?

This Is The Legal Definition of a NEVADA COMMERCIAL VEHICLE: NRS 484A.055 commercial defined.  “Commercial Vehicle” means every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise. (Added to NRS by 1969, 1477; A 1973, 448) — (Substituted in revision for NRS 484.037)

 

[Taxing Matters]

Las Vegas, Nevada

Uber/Lyft Drivers - do the "Open Container" Laws in Nevada - NRS 484B.150 apply to Uber/Lyft Drivers carry passengers in a vehicle whom are consuming alcoholic beverages?

The relevant portion of that statute reads as follows:

"2.  Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to:

(a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation.”

The exception therefore does not depend on the definition of a commercial vehicle. What matters is whether the the motor vehicle “is designed, maintained or used primarily for the transportation of persons for compensation.” If the vehicle is primarily used by the owner in his/her Uber or Lyft business, i.e. primarily for the purpose of transporting customers for pay, the it appears that this exception should apply. The driver/owner should consult a local Nevada attorney on that first, however, before allowing customers to drink in the vehicle. Personally, I think for a whole lot of reasons it would make a better practice to simply ban customers from drinking or having open containers in the car. But if the driver/owner wants to allow that, run it by an attorney to make sure there won’t be a problem.

The statute makes it clear, however, that even when the section applies the driver cannot have or consumer alcohol while the car is on the road.

 

[acvegasUSA]

UPDATE - From Uber Live Chat Support

The relevant portion of that statute reads as follows:

"2.  Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to:

(a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation.”

The exception therefore does not depend on the definition of a commercial vehicle. What matters is whether the the motor vehicle “is designed, maintained or used primarily for the transportation of persons for compensation.” If the vehicle is primarily used by the owner in his/her Uber or Lyft business, i.e. primarily for the purpose of transporting customers for pay, the it appears that this exception should apply. The driver/owner should consult a local Nevada attorney on that first, however, before allowing customers to drink in the vehicle. Personally, I think for a whole lot of reasons it would make a better practice to simply ban customers from drinking or having open containers in the car. But if the driver/owner wants to allow that, run it by an attorney to make sure there won’t be a problem.

The statute makes it clear, however, that even when the section applies the driver cannot have or consumer alcohol while the car is on the road.

UPDATE August 22 2017 – and this is my answer from Uber Live Chat Support: "That should not be permitted. While on trip, you may consider telling your rider that consume the alcoholic beverage after the trip".

 

[xylene]

You want to follow the policy of your company - because they can and will drop you for breaking policy.

 

[Taxing Matters]

UPDATE August 22 2017 – and this is my answer from Uber Live Chat Support: "That should not be permitted. While on trip, you may consider telling your rider that consume the alcoholic beverage after the trip".

That is a statement of company policy, not necessarily a statement of the law. However, the company policy is a good one. As I said earlier, even if the law permits it for a whole lot of reasons I think it makes better sense not to allow customers to drink while in your car. In any event, as the company has told you its policy is not to permit it, you’d want to follow that to ensure you continue to be eligible to drive for them.

 

[quincy]

Did you change your font size again, TM? Your post's print size is difficult to read.

Chauffeur driven limousines allow for passengers to drink because there is a divider between driver and passenger that limits the driver's access to the alcohol. Lyft and Uber drivers can be charged with possession in some states if their passengers have open containers of alcohol in the vehicle. But it depends on the state laws.

 

[acvegasUSA]

Font Modification???

Did you change your font size again, TM? Your post's print size is difficult to read.

Chauffeur driven limousines allow for passengers to drink because there is a divider between driver and passenger that limits the driver's access to the alcohol. Lyft and Uber drivers can be charged with possession in some states if their passengers have open containers of alcohol in the vehicle. But it depends on the state laws.

You asked: "Did you change your font size again, TM? Your post's print size is difficult to read." No font change here; everything looks fine/normal on my side.

 

[quincy]

You asked: "Did you change your font size again, TM? Your post's print size is difficult to read." No font change here; everything looks fine/normal on my side.

Thanks but it appears TM is using Garamond - which prints smaller.

All other posts show up fine.

 

[Taxing Matters]

Thanks but it appears TM is using Garamond - which prints smaller.

All other posts show up fine.

I am used to using Garamond elsewhere, and forgot it does not show up nicely here. I've fixed my previous reply to change the font back.

 

[quincy]

I am used to using Garamond elsewhere, and forgot it does not show up nicely here. I've fixed my previous reply to change the font back.

Thank you, Taxing Matters. My eyes appreciate the change.