In Australia, whether passengers can legally drink alcohol in moving cars varies by state or territory. There can be legal restrictions in one area and total legal permissibility in another. No area specifically allows a passenger in a moving vehicle to drink alcohol, and restrictions on the movement of the vehicle’s occupants can be legally enforced. This notice explains the nuances and legal position on alcohol consumption by passengers in cars and the consumption in moving vehicles under the law in Australia.
Variations by States
There is no law in Victoria, New South Wales, and South Australia which specifically prohibits a passenger from drinking alcohol in a moving vehicle. There is no law in the aforementioned states specifically targeting the alcohol consumption of the occupants or passengers of a moving vehicle. There are legal restrictions on the drivers control and consumption of alcohol of vehicles being driven by learner drivers. However, there are legal advisories in all states and territories suggest that drinking as a passenger is not advisable. The opposite of the legally permissive states is the ones which are Tasmania, Queensland, Western Australia, and the ACT which all contain explicit restrictions and legal bans on the consumption of alcohol in vehicles.
Public Transport and Special Vehicles
Across Australia, it’s unlawful to have alcohol on public transport, including trains, buses, and taxis. Fines for these types of open container violations can be considerable (up to $1100). With regard to vehicles like party buses, if they are not specially licensed for on-board alcohol consumption, both passengers and the driver can incur fines, potentially reaching $2000 in Western Australia.
Practical Implications for Passengers
In the states where passengers can legally drink, there is still considerable risk. Distracting a driver, increasing the risk of an accident, and the possibility of being in violation of the public drinking laws (which vary by local council) is a risk for heavily intoxicated individuals. Open alcohol containers in the car can raise suspicion of unlawful consumption and cause roadside vehicle checks.
A Short Table of Legal Positions
| State/Territory | Passenger Drinking Legal? | Fine Possible? |
|---|---|---|
| NSW | Yes, but not in taxis | No |
| Victoria | Yes (private vehicles) | No |
| Queensland | No | Yes |
| Western Australia | No | Yes |
| Tasmania | No | Yes |
| South Australia | Yes (private vehicles) | No |
| ACT | No | Yes |
Legal Risks and Safe Practice
Drinkers and vehicle occupants need to confirm the applicable alcohol consumption regulations first. Drinking alcohol in a vehicle—even if legally parked—can be prohibited in alcohol-free zones enacted by local councils. In Queensland and Western Australia, even if you are not actively driving, intoxicated possession of vehicle keys could be charged as “in charged” legally driving the vehicle. When planning to drink in a moving car, private vehicles, as opposed to the ride shares or public transportation, are generally safer, but the legal landscape is not guaranteed to remain stable.
How to Avoid Troubles
The safest option is to fully understand the local regulations regarding alcohol consumption in vehicles, or simply to not drink in a vehicle. In addition to the guidelines mentioned above, the safest practice is to keep alcohol containers sealed, refrain from using public transport, and abide by the local council restrictions. Learner drivers’ supervisors must also fully abstain from alcohol to meet the stricter conditions.
FAQs
Q1: In NSW, is it legal for passengers to drink in a moving car?
In private vehicles, yes. However, it is not legal in taxis or public transport.
Q2: Can passengers drink alcohol in all Australian states?
No. States that limit alcohol consumption in vehicles include Queensland, Tasmania, Western Australia, and ACT.
Q3: Are there risks if passengers do drink alcohol in allowed jurisdictions?
Yes, there are. Drunk passengers can be a distraction to the driver. Additionally, local council by-laws can be more restrictive than general state laws.
