just searched Lyft and it’s prohibited regardless of law according to their T of S. Uber says whatever local law states. I can’t find it right now but I believe their is a separate clause in the CFR’s for Texas that makes TNC exempt from the commercial vehicle policy on this.
My argument here is even though it does not say TNC specifically, it can be fought successfully. If laws were set in stone, slavery would still be legal, amongst other things.
I agree that it hasn’t been updated since the introduction of ride share. I also agree that a driver with a good lawyer MIGHT win. But, I do want drivers reading this group’s post to operate with facts. The facts are not as cut and dry for this item that a driver can allow it legally. It is for many things affecting ride share, but not this.
I’m not going to risk getting stopped in my car. “Making stuff up?” You don’t think after 20+ years, I haven’t been involved in some serious shit? I don’t make up anything dude. I’ve damn near been killed and you’re going to say I’m making up shit? Whatever. In Regards to “Give me the cases so I can verify,” they’re class C cases in municipal court. I don’t memorize ticket numbers. In an open container case, we’re not required to offer you a breath test. I only have to prove there was an open container in the vehicle. That’s it. Furthermore, I was the cop that was “enforcing” the law. I don’t get to pick and chose what laws I enforce, because I enforce them across the board regardless of who it is. We are talking about municipal court here, not District Court. The municipal court will prosecute anything you put in front of them, so yeah, they will “take it to court.” The ticket is issued to the person with the open container, not necessarily the driver. So, again, I don’t have to prove ANYONE has alcohol in their system, I only have to prove there was an alcoholic beverage open in the vehicle. You can “call my personal experience” bullshit all you want. I don’t really care, nor do I have to prove myself to you.
the citations were issued to whoever I could prove had “care, control and/or custody” of the open container. Sometimes, it was the driver, and sometimes it was the passenger.
Most pax wouldn’t know that they could be exempt. It’s a total lack of knowledge type situation that shady cops take advantage of just to get their numbers up.
I didn’t realize an open container law is a class c offense. Max fine is $200. If you’re a passenger its not even a moving violation right? It’s likely you “won” because these pax would rather pay the find and be done with it. The take away from this is that unless the cop can prove you have the container as a driver, then you can fight this as easily as a traffic ticket. Furthermore, even if you lose, $200 is not a huge deal, but you should probably consider the fact that majority of drivers are not going to be in possession of an open container.
It’s legal in Texas to have alcohol if the ride is for compensation. It’s still your car though, so you can just tell him sorry no food or drinks in my car. Your car, your choice.l
I still have yet to see proof of any driver prosecuted for passengers open container in a rideshare. Haven’t even heard of one complaining about getting a ticket from a cop who didn’t know the exemption for that matter.
I never had to write a driver. I wrote the passenger, because that’s who had the open container. People keep assuming the driver got the ticket, and they didn’t.
It is legal if you are limo, taxi or a bus. It is not legal if you are rideshare. If you don’t have a yellow sticker on your windshield denoting commercial transportation vehicle it is an illegal open container. Rideshare is private vehicle, not commercial vehicle.
That is not what the law says. It is quoted earlier here. The yellow sticker is city issued - this is state law plus the color changes every year.
HB100 does not mention that ride share drivers or pax are excluded under 49.031c. It defines TNC company regulation framework but doesn’t exclude a defense under 49.031c.
Since 49.031c says “passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine;”, it seems to leave a grey area.
I have read the law and the exemption, as well as being a licensed commercial passenger transportation company owner in Texas for 15 years. The law doesn’t say anything about a yellow sticker, or a requirement for a marking denoting commercial transportation. You might want to read it yourself.
If your vehicle is primarily used for transportation for compensation you are covered under the exemption. If you are an extremely part-time driver you probably are not covered under the exemption.
I think with smaller towns and Houston suburbs there is no money because the unit count of a taxi service is too small AND the city is glad to have it - unlike Houston that prefers to exploit for license fees under the guis of regulation for people’s benefit.
I didn’t read all the other comments to the OP because I’ve had to deal with it the hard way in court. The law is written so perfectly in that no insurance exists that will let you use a car some of the time for commercial passenger transportation and the rest of the time personal before rideshare which is a mutt policy that is still for vehicles driven as personal vehicles a majority of the time.
I try to share my knowledge to help people out, but instead I’m ridiculed and told I don’t know what I’m talking about. That’s what you get when you try to help people. Fuck’em. Get the ticket.