Maryland generally prohibits an occupant from possessing an open alcoholic beverage container in the passenger area of a motor vehicle on a highway. However, the law recognizes exceptions for passengers traveling in certain types of vehicles.
Maryland open container laws provide these exceptions based on how a vehicle is designed and used. They cover certain commercial passenger vehicles and the living areas of recreational vehicles, but the exceptions don’t ever extend to a person driving a vehicle of any kind.
Buses may qualify for the exception
A bus may fall within the exception when it is designed, maintained, and primarily used to transport people for compensation. Passengers in a qualifying bus may possess or consume alcoholic beverages without violating the state open container provision. The exception applies to passengers rather than the bus driver. It also depends on the vehicle meeting the statutory requirements for compensated passenger transportation.
Limousines are included
Maryland law specifically identifies limousines among the vehicles where qualifying passengers may possess or consume an alcoholic beverage. This exception reflects the different function of the passenger compartment in vehicles primarily operated to transport paying passengers. Again, the person operating the limousine does not receive the same exemption.
Motor homes and recreational vehicles have limited exceptions
The law also addresses motor homes, motor coaches, and recreational vehicles. Passengers may possess or consume alcoholic beverages within the living quarters of these vehicles. Location is particularly important here. The exception applies to the living quarters rather than providing a general exemption throughout the entire vehicle. It also applies only to occupants who are not driving.
Taxicabs can qualify
Taxicabs are another vehicle type expressly covered by the statute. A passenger in a qualifying taxicab may possess or consume an alcoholic beverage without violating this particular open container restriction. The taxicab must be designed, maintained, and used primarily to transport people for compensation for this exception to apply.
An open container can also become relevant during a separate drunk driving investigation. If questions about a vehicle exception has led to criminal allegations, DUI defense in Maryland may involve examining the vehicle’s classification, the container’s location and who possessed it.