Section 10-125 - Violations. - Maryland Statutes

§ 10-125. Violations.
 

(a)  Prohibited - Open container in passenger area.-  

(1) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not possess an open container that contains any amount of an alcoholic beverage in a passenger area of a motor vehicle on a highway. 

(2) A driver of a motor vehicle may not be subject to prosecution for a violation of this subsection based solely on possession of an open container that contains any amount of an alcoholic beverage by another occupant of the motor vehicle. 

(b)  Same - Consumption in passenger area.-  

(1) This subsection does not apply to the driver of a motor vehicle. 

(2) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway. 

(c)  Exceptions.- Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is not the driver, in: 

(1) a motor vehicle designed, maintained, and used primarily for the transportation of a person for compensation, including: 

(i) a bus; 

(ii) a taxicab; or 

(iii) a limousine; or 

(2) the living quarters of a motor home, motor coach, or recreational vehicle. 

(d)  Statewide application.- Notwithstanding Article 2B, Title 19 of the Code or any other provision of law, the prohibitions contained in this section apply throughout the State. 

(e)  Classification of violation.- A violation of this section is not: 

(1) a moving violation for the purposes of § 16-402 of the Transportation Article; or 

(2) a traffic violation for the purposes of the Maryland Vehicle Law. 
 

[2002, chs. 108, 109; 2006, ch. 127.]