Different states and territories of Australia have diverse and sometimes conflicting laws on drinking alcohol as a passenger in a vehicle that is in motion. As a passenger, the laws that apply to you may also be different according to the state. There are also restrictions set by local councils, especially in the eastern states. With the potential of being caught and fined, it is advisable to learn the local laws that apply to you as a driver in Australia.
National Overview: No Single Rule
There is no single Australian law that governs a passenger’s ability to drink alcohol in a moving vehicle. The laws vary significantly by area. Most states, including New South Wales and Victoria, tend to be permissive, allowing a passenger to drink alcohol in a vehicle during private transport. There are exceptions to this rule, especially in Western Australia, Queensland, and Tasmania, where laws impose fines on both the driver and the passenger if alcohol is consumed in a vehicle that is parked in a public place.
State-by-State Differences
New South Wales & Victoria: Passengers in cars can consume alcohol as long as the driver is not drinking or giving instructions to a learner driver. There are also no exact regulations concerning the consumption of alcohol by passengers in these states. However, some councils have imposed alcohol-free zones, including some public areas like car parks, which can lead to fines if alcohol is consumed in vehicles within these zones.
Queensland, Tasmania, Western Australia: The law does not allow drivers or passengers to consume alcohol in a moving vehicle, and in Western Australia, the fines can be as big as $2,000 per offender. Also, in Queensland, a vehicle is considered a public place which means the open container laws are applicable, and any person containing alcohol in the vehicle can be fined.
South Australia and the ACT: The laws are less clear concerning passengers, although drivers face a lot of scrutiny, especially those supervising learners and under certain alcohol-free provisions.
Enforcement and Penalties
The repercussions for passengers drinking alcohol in a moving vehicle are assessed differently for different regions. In regions where it is illegal, the repercussions can be disproportionate, like in Western Australia, where it can reach $2000, and the same applies in other regions. If the vehicle and the surrounding area are alcohol free, the council and police can still issue additional fines regardless of the moving or stationary status of the car.
Vehicles Exempted
The most important of these is the exempted vehicles, which are the ones fully licensed for the consumption of alcohol, e.g., party buses and limousines. Those vehicles have full licensing requirements and responsible service of alcohol imposed on them; otherwise, they will be treated like any other vehicle, and the passengers and the driver can be fined.
Practical Implications for Travellers
Travelers needing to cross state borders have to be the most careful because laws and associated penalties can change within a few kilometers of travel. If the vehicle in which the alcohol is intended to be consumed is not licensed to do so, then it is wiser to not consume alcohol in that vehicle at all. Also, ensure to comply to the designated alcohol free zones while they are in operation.
| State/Territory | Passengers Allowed to Drink? | Notable Fines/Conditions |
|---|---|---|
| NSW, Victoria | Yes (usually) | Council zones may ban it |
| Queensland, WA, TAS | No | Up to $2,000 fine |
| SA, ACT | Not explicit | Driver restrictions apply |
Frequently Asked Questions
Q1. Can passengers drink alcohol in a moving car in NSW or Victoria?
In general, the answer is yes, unless the vehicle is in a council alcohol-free zone or the passenger is supervising a learner driver.
Q2. Are there exceptions for party buses or limousines?
Yes, as long as the vehicle has a valid liquor license permitting on-board consumption of alcohol.
Q3. What happens if the car is parked?
Some states ban alcohol consumption, even in parked vehicles, when the vehicle is in public areas or in alcohol-free zones. Always check the local laws to avoid fines.
