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08-20-2015, 11:00 AM
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#1
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Senior Member
Winnebago Owners Club
Join Date: Nov 2014
Location: Dayton, OH
Posts: 1,136
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Open Flask Laws
I was taking the MH to get the oil changed and chassis lubed today. Checked the fridge before leaving the house and saw a partially consumed bottle of wine so I put is in the drawer so it wouldn't fall over and break.
On the way to get the oil changed I think to my self, Self? If you got pulled over would the Ohio LEO's consider that bottle of wine to fall under the Open Flask Laws?
Anyone know anything about this?
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08-20-2015, 11:19 AM
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#2
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Senior Member
Join Date: Jul 2000
Location: Las Vegas, NV
Posts: 2,296
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If it were me, I would contact Ohio law enforcement folks and inquire if and how State Statutes and/or local ordinances governing open alcohol containers would apply to motorized recreational vehicles.
Good luck and keep us posted..
__________________
Jim & SherrySeward
2000 Residency 3790 v10 w/tags 5 Star tune & Banks system Suzuki XL7 toad
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08-20-2015, 11:24 AM
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#3
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Senior Member
Join Date: May 2014
Location: Henderson, Nevada
Posts: 1,224
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When was the last time you saw a MoHo pulled over, being searched, hauling the driver away.....worry, worry, worry...carry on
__________________
2005 Newmar DS 4023, Spartan Chassis, ISL 370 Cumapart, 2008 Jeep Rubicon 4dr, 2015 Kia Soul, 1969 Italian & 2004 Akita
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08-20-2015, 11:28 AM
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#4
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Senior Member
Winnebago Owners Club
Join Date: Nov 2014
Location: Dayton, OH
Posts: 1,136
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You are confusing my interest with worry. I am not really worried about it but it would be worthwhile to understand.
__________________
2007 Winnebago Journey 36SG and 13 Honda CRV Toad,
e-Trailer XHD Towbar (Demco), Blue Ox baseplate, SMI Stay N Play brakes
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08-20-2015, 11:29 AM
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#5
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Senior Member
Tiffin Owners Club
Join Date: Sep 2012
Location: Ambler, PA
Posts: 2,853
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Just perused a few of the police forums on the subject and the consensus is first, that if the container is in storage in the living area it is #1 not an open container and #2 not subject to the regulation. As far as actually having an open container in the living area with passengers partaking, some states allow it and some do not.
Check FL Statute 316.1936(5)(c)
The open container statute does not apply to "A passenger of a self-contained motor home which is in excess of 21 feet in length."
The passengers can drink while the motor home is in operation.
per Ohio Revised Code 4301.62, you can't do it in Ohio unless it is a Chauffeured limousine. In order for a vehicle to be registered as a limousine in Ohio, it must be registered as a Livery vehicle. pretty sure your motorhome is not going to apply.
PA just passed an open container law here. It prohibits the possession of open alcoholic beverage container by the driver or passengers. The exceptions for passengers are; on buses, taxis, limousines and persons in the living quarters of a house coach (RV) or house trailer (travel trailer).
__________________
Larry & Cheryl Oscar, Louie, Ranger & Henry (our Springers)
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08-20-2015, 11:31 AM
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#6
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Senior Member
Winnebago Owners Club
Join Date: Nov 2014
Location: Dayton, OH
Posts: 1,136
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So even if the cap has been cracked open leave it in the fridge and all is well.
__________________
2007 Winnebago Journey 36SG and 13 Honda CRV Toad,
e-Trailer XHD Towbar (Demco), Blue Ox baseplate, SMI Stay N Play brakes
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08-20-2015, 11:33 AM
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#7
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Community Administrator
Join Date: Aug 2009
Posts: 53,430
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Quote:
Originally Posted by tim myers
So even if the cap has been cracked open leave it in the fridge and all is well.
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This has been discussed here quite a few times and that is the general consensus.
__________________
Cliff,Tallulah and Buddy ( 1999-2012 )
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08-20-2015, 11:56 AM
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#8
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Senior Member
Join Date: May 2014
Location: Henderson, Nevada
Posts: 1,224
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Cracked Cap should result in being emptied then it doesn't matter, jmo, lol
__________________
2005 Newmar DS 4023, Spartan Chassis, ISL 370 Cumapart, 2008 Jeep Rubicon 4dr, 2015 Kia Soul, 1969 Italian & 2004 Akita
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08-20-2015, 01:00 PM
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#9
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Senior Member
Tiffin Owners Club
Join Date: Sep 2012
Location: Ambler, PA
Posts: 2,853
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Quote:
Originally Posted by DMTTRANSPORT
Cracked Cap should result in being emptied then it doesn't matter, jmo, lol
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But if you empty it, how do you drive then?
__________________
Larry & Cheryl Oscar, Louie, Ranger & Henry (our Springers)
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08-20-2015, 01:26 PM
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#10
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Senior Member
Winnebago Owners Club
Join Date: Nov 2014
Location: Dayton, OH
Posts: 1,136
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Just between you and me, DW bought it and opened it, I don't like it and keep not drinking it but can't get her to throw it away. Maybe I will water a plant with it!!!!!!
Shhhhhh, don't tell her!!!!!!!
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08-20-2015, 02:39 PM
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#11
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Senior Member
Damon Owners Club Workhorse Chassis Owner
Join Date: Mar 2009
Posts: 24,024
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In most states they sort of divide the motor home into two sections.
Cockpit and house
Cockpit is same as your car, You have an open bottle of booze, you (in most states) will have a problem.
House.. Is your castle and they can not search without a warrant. EVEN then if they found an open bottle in a cabinet or fridge you'd be safe.
__________________
Home is where I park it!
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08-20-2015, 03:41 PM
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#12
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Senior Member
iRV2 No Limits Club
Join Date: Jun 2006
Location: Naples, Fl.
Posts: 1,303
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Quote:
Originally Posted by wa8yxm
In most states they sort of divide the motor home into two sections.
Cockpit and house
Cockpit is same as your car, You have an open bottle of booze, you (in most states) will have a problem.
House.. Is your castle and they can not search without a warrant. EVEN then if they found an open bottle in a cabinet or fridge you'd be safe.
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X2 That what I was going to say!
Been discussed here many times and the above seems to be the general consensus.
__________________
Camping Rig: 2006 Outback 27 RSDS--
2005 Dodge 3500 - Dually- Cummins
Full time since June 2006
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08-20-2015, 05:02 PM
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#13
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Senior Member
Country Coach Owners Club
Join Date: Dec 2010
Posts: 7,754
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Quote:
Originally Posted by DMTTRANSPORT
When was the last time you saw a MoHo pulled over, being searched, hauling the driver away.....worry, worry, worry...carry on
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Yup
__________________
Don
2002 Country Coach Intrigue
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08-20-2015, 11:32 PM
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#14
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Senior Member
Join Date: Feb 2015
Location: Fulltime on the Road
Posts: 200
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The open container laws are all over the place. Example A: In 2001 on a motorcycle trip to Sturgis and around the area after and on the way back to Seattle. We were camped in Greybull Wy. and I rode into town to pick up a 12pk and some ice. I pulled into a 7-11 and was told that you had to buy beer at the drive thru at a local bar. So I'm in the drive thru on my bike and get the beer and ice put it in the saddle bags when the attendant says "Do you want one to Go" !!! So now I'm riding down the main drag on my bike (1956 HD) Beer and Ice in the bags, No Helmet and Drinking a Beer! Had I been back in Seattle I'd be lucky not to get Shot. Location, Location, Location.
__________________
Richard "PONY", Virginia & the Cats (Benny & Joon) 2003 Monaco Dynasty. Fulltimers since 2005.
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