[Larrikin]

To my knowledge, although nobody wished to encourage it, paying passengers are permitted to drink alcohol while travelling in a small charter vehicle, now that the category has effectively been replaced with the Omnibus category, are paying passengers permitted to drink alcohol while travelling?

 

[UberDriverAU]

Just tell them they can be banned from Uber if they have an open container of alcohol. It actually is against Uber's policy:

Illegal substances and - unless explicitly allowed by law - open containers of alcohol are not permitted in drivers' vehicles. This is against the law and a serious violation of Uber's policy.

I'm not aware of any specific law that allows alcohol consumption in an omnibus. There may well be though, there might be an appropriate liquor licence, or perhaps the police simply turn a blind eye in this context? In general, drinking in a vehicle is considered drinking in a public place which is indeed illegal.

 

[lui6155]

Its a contravention of ur Uber T&C's but who's going to complain.
In terms of the law its illegal under the liquor and gaming act but the penalty is on the offender not you.
My policy is they must always ask and my choice to say yeah or neah (never said neah yet) but they should never take it for granted and its ok to say no.

 

[whocareaboutPAX]

Is the offence actually on the pax? I thought you as the driver as well

 

[UberDriverAU]

Is the offence actually on the pax? I thought you as the driver as well

Whoever has possession of the container is the offender.

 

[Jocker]

Its a contravention of ur Uber T&C's but who's going to complain.
In terms of the law its illegal under the liquor and gaming act but the penalty is on the offender not you.
My policy is they must always ask and my choice to say yeah or neah (never said neah yet) but they should never take it for granted and its ok to say no.

If a passenger is drinking alcohol in your car then its your responsibility and your fine. Check with DOT and they will confirm. This is a big no no

 

[Dog]

I'm easy,

'You're cool to drink in my car but if we get pulled over, I'll take long enough to pull over for you to skull your damn drinks'

 

[XLperth]

Interesting though. When you tell them - no drinks- they give you a shitty rating. Same goes for speeding. A passenger was running late, and asked me to speed. I kindly gave her a number of reasons not to speed (including big brother uber is watching how we drive). I had one non-5 star rating that night, and it must have been pretty low, due to dropping .02 in my rating, but I am pretty certain I knew who the rider was !

I don't mind the odd drink - it is the a-holes who throw up in the car that drive me nuts (2 in the past 3 months).

 

[UberDriverAU]

If a passenger is drinking alcohol in your car then its your responsibility and your fine. Check with DOT and they will confirm. This is a big no no

What the hell does DoT have to do with it? There's nothing in the new "Charter Vehicle" licence conditions related to alcohol:

http://www.transport.wa.gov.au/mediaFiles/taxis/ODT_P_Sample_Omnibus_Licence_Notice_Account.pdf

 

[Fuldrunks]

Just tell them they can be banned from Uber if they have an open container of alcohol. It actually is against Uber's policy:

I'm not aware of any specific law that allows alcohol consumption in an omnibus. There may well be though, there might be an appropriate liquor licence, or perhaps the police simply turn a blind eye in this context? In general, drinking in a vehicle is considered drinking in a public place which is indeed illegal.

Its common respect and youre NOT A BAR!

 

[Goethite]

hmmm ... this is all I could find about drinking in a vehicle on any public road, but no info on the penalties, and whether the driver gets done along with the passenger

 

[HumungousDill]

If they drink without asking or leave any of their trash in tbe car its an automatic 1 star from me. From a legal point of view I'm not clear who will be penalised, the driver or the drinker.

 

[Goethite]

If they drink without asking or leave any of their trash in tbe car its an automatic 1 star from me. From a legal point of view I'm not clear who will be penalised, the driver or the drinker.

yeah I've sent an email to DOT asking clarification ... I'll pass on what they tell me

 

[CollateralDamage]

Policy Exemptions to the Liquor Control Act 1988

Effective Date: 18 July 2011 Last Amended: 27 September 2016 Next Review: December 2017

Charter Vehicles The consumption of liquor supplied by the passengers incharter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:  the vehicle is licensed as an Omnibus under the Transport Coordination Act 1966; and  the vehicle is capable of carrying 14 passengers or less (excluding the driver); and  the vehicle is hired in advance of the trip; and  the vehicle is hired for at least one continuous hour; and  the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and  any juvenile in the vehicle is accompanied by a ‘responsible adult’; and  the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not). A ‘responsible adult’ is defined in section 125(2)(b) as: “…an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”. Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

 

[Goethite]

Policy Exemptions to the Liquor Control Act 1988

Effective Date: 18 July 2011 Last Amended: 27 September 2016 Next Review: December 2017

Charter Vehicles The consumption of liquor supplied by the passengers incharter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:  the vehicle is licensed as an Omnibus under the Transport Coordination Act 1966; and  the vehicle is capable of carrying 14 passengers or less (excluding the driver); and  the vehicle is hired in advance of the trip; and  the vehicle is hired for at least one continuous hour; and  the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and  any juvenile in the vehicle is accompanied by a 'responsible adult'; and  the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not). A 'responsible adult' is defined in section 125(2)(b) as: "…an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile". Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be 'regulated premises' under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Thanks Col ... well, we certainly aren't 'hired for at least one continuous hour' so that excludes alcohol on an Uber trip black and white eh

 

[Silver Cap]

To my knowledge, although nobody wished to encourage it, paying passengers are permitted to drink alcohol while travelling in a small charter vehicle, now that the category has effectively been replaced with the Omnibus category, are paying passengers permitted to drink alcohol while travelling?

As far as I know and Uber have confirmed it, it is illegal to have open alcohol containers inside a pay for hire vehicle.

 

[lui6155]

As far as I know and Uber have confirmed it, it is illegal to have open alcohol containers inside a pay for hire vehicle.

Yes illegal but as HD asked, on who the pax or driver. Suspect its the pax if so no issue on my part.
Happy to let them have a drink if they ask first and appear respectful. Never never have had a problem and in fact they often leave me one for afterwards (received 3 last weekend.)
Would be interested in what exactly Uber stated, reckon its their usual mechanical drivel that's its in breach of the T&Cs etc etc....so what made u assume it was illegal?

 

[UberDriverAU]

Yes illegal but as HD asked, on who the pax or driver. Suspect its the pax if so no issue on my part.
Happy to let them have a drink if they ask first and appear respectful. Never never have had a problem and in fact they often leave me one for afterwards (received 3 last weekend.)
Would be interested in what exactly Uber stated, reckon its their usual mechanical drivel that's its in breach of the T&Cs etc etc....so what made u assume it was illegal?

Drinking in public is illegal in WA unless there is a permit or exemption. For CVs, an exemption can only apply if you've been "hired for at least one continuous hour" (among other requirements), as would be typical if you hire a limo for a wedding. Uber's policy is also no alcohol, which can see a passenger banned.

 

[Silver Cap]

Yes illegal but as HD asked, on who the pax or driver. Suspect its the pax if so no issue on my part.
Happy to let them have a drink if they ask first and appear respectful. Never never have had a problem and in fact they often leave me one for afterwards (received 3 last weekend.)
Would be interested in what exactly Uber stated, reckon its their usual mechanical drivel that's its in breach of the T&Cs etc etc....so what made u assume it was illegal?

One of the 15 year olds at Subi told me. And they're all really smart and clever.

 

[Silver Cap]

One of the 15 year olds at Subi told me. And they're all really smart and clever.

If you don't think it's a problem ,drive through a booze bus while the pax are drinking.