71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1801
 
                           A-Engrossed
 
                         House Bill 2306
                  Ordered by the House March 19
            Including House Amendments dated March 19
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim
  Transportation Committee)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Provides that exception to open container law for certain
commercial passenger vehicles applies only to passengers { +  in
motor vehicle operated by common carrier + }.
 
                        A BILL FOR AN ACT
Relating to the open container law; amending ORS 811.170.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 811.170 is amended to read:
  811.170. (1) A person commits the offense of violation of the
open container law in a motor vehicle if the person does any of
the following:
  (a) Drinks any alcoholic liquor in a motor vehicle when the
vehicle is upon a highway.
  (b) Possesses on one's person, while in a motor vehicle upon a
highway, any bottle, can or other receptacle containing any
alcoholic liquor, which has been opened, or a seal broken, or the
contents of which have been partially removed.
  (c) Keeps in a motor vehicle when the vehicle is upon any
highway, any bottle, can or other receptacle containing any
alcoholic liquor, which has been opened, or a seal broken, or the
contents of which have been partially removed. The following
apply to this paragraph:
  (A) This paragraph applies only to the registered owner of any
motor vehicle or, if the registered owner is not then present in
the vehicle, to the driver of the vehicle.
  (B) This paragraph does not apply if the bottle, can or other
receptacle is kept in the trunk of the vehicle, or kept in some
other area of the vehicle not normally occupied by the driver or
passengers if the vehicle is not equipped with a trunk.
  (C) For purposes of this paragraph, a utility compartment or
glove compartment is considered within the area occupied by the
driver and passengers.
  (D) This paragraph does not apply to the living quarters of a
camper or motor home.
  (2) The offense described in this section does not apply to
 
  { - a motor vehicle operated by a publicly owned transit system
or - }  { + passengers in + } a motor vehicle operated by a
common carrier and used primarily to carry passengers for hire.
  (3) The offense described in this section, violation of the
open container law in a motor vehicle, is a Class B traffic
violation.
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