Section 9-30-15-3 - Open alcoholic beverage container during operation of motor vehicle; Class C infraction(a) This section does not apply to the following:(1) A container possessed by a person, other than the operator of the motor vehicle, who is in the:(A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or(B) living quarters of a house coach or house trailer.(2) A container located in a fixed center console or other similar fixed compartment that is locked.(3) A container located: (A) behind the last upright seat; or(B) in an area not normally occupied by a person; in a motor vehicle that is not equipped with a trunk.
(b) A person in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container: (1) that has been opened;(2) that has a broken seal; or(3) from which some of the contents have been removed; in the passenger compartment of the motor vehicle commits a Class C infraction.
(c) A violation of this section is not considered a moving traffic violation:(1) for purposes of IC 9-14-12-3; and(2) for which points are assessed by the bureau under the point system.Amended by P.L. 198-2016, SEC. 605, eff. 7/1/2016.Amended by P.L. 290-2013, SEC. 1, eff. 7/1/2013.As added by P.L. 53-1994, SEC.11. Amended by P.L. 33-1997, SEC.15; P.L. 1-2000, SEC.14; P.L. 209-2005, SEC.1.