§ 321.284A — Open containers in motor vehicles — passengers

Iowa § 321.284A

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 321: MOTOR VEHICLES AND LAW OF THE ROAD

Text

1. A passenger in a motor vehicle upon a public street or highway shall not possess
in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other
receptacle containing an alcoholic beverage or a beverage containing any amount of
tetrahydrocannabinol. “Passenger area” means the area of a motor vehicle designed to
seat the driver and passengers while the motor vehicle is in operation and any area that is
readily accessible to the driver or a passenger while in their seating positions, including the
glove compartment. An open or unsealed receptacle containing an alcoholic beverage or
an otherwise lawful beverage containing tetrahydrocannabinol may be transported in the
trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage or an
otherwise lawful beverage containing tetrahydrocannabinol may be transported behind the
last upright seat of the motor vehicle if the motor vehicle does not have a trunk.
2. This section does not apply to a passenger being transported in a motor vehicle
designed, maintained, or used primarily for the transportation of persons for compensation,
or a passenger being transported in the living quarters of a motor home, motorsports
recreational vehicle, manufactured or mobile home, travel trailer, or fifth-wheel travel trailer.
3. A person convicted of a violation of this section is guilty of a simple misdemeanor
punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “e”.
4. A person under the age of twenty-one years who possesses an alcoholic beverage in
violation of this section is guilty of a violation of section 123.47.
5. The department shall not include a conviction for a violation of this section on the
individual driving record of the person committing the violation and the conviction shall
not be considered by the department in any proceeding for suspension, revocation, barring,
or denying of the person’s driver’s license or upon any application for renewal of driving
privileges.

Legislative History

[S13, §1571-m19, -m20; C24, 27, 31, 35, §5029, 5030; C39, §5023.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.285]