Is it legal for passengers to drink alcohol in NSW?

Ever wondered if it is legal for passengers to have an open alcoholic Beveridge in a vehicle?

Many will claim it is illegal, but don’t have any specific law(s) to refer to.

There are no laws against passengers in private vehicles having a drink. The law that governs this is Section 112(1) of the Road Transport Act 2013 (NSW). The laws are only for the driver, not the passengers in a private vehicle. Interestingly it was legal until approximately 10 years ago in New South Wales for the actual driver to drink while driving, as long as they were below the legal blood alcohol limit.

Therefore, it is legal for passengers to consume alcohol in a private car or bus while on a public road or road-related area in NSW. Obviously this is the present situation, and laws can change daily. As always drink responsibly and respect others property.

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