Vehicle · Open container
Open Container Law in Pennsylvania
Whether an open container of alcohol is allowed in a car in Pennsylvania, who it applies to, the penalty, and the narrow exceptions for a limo, bus, or the living quarters of a motorhome. Cited to the statute.
What the open container law bans in Pennsylvania
Where the ban applies inside the car, who it covers, and the vehicles and containers it does not reach.
| What the law bans | What it means |
|---|---|
| No open container for driver or occupant | Under 75 Pa.C.S. §3809, an individual who is an operator or an occupant of a motor vehicle may not be in possession of an open alcoholic beverage container while the vehicle is on a highway in the Commonwealth. |
| No consuming alcohol in the vehicle | The same section bars an operator or occupant from consuming an alcoholic beverage in the vehicle while it is on a highway, whether or not the person is the driver. |
| Occupant means any rider | The ban reaches every occupant, not just the person driving. A passenger holding an open container is covered by the section. |
| Where it does not apply | What it means |
|---|---|
| For-hire vehicle passengers | The section does not prohibit possession or consumption by a passenger in the passenger area of a vehicle used primarily to carry people for compensation, which includes buses, taxis, and limousines. |
| Living quarters of a house coach or trailer | A person in the living quarters of a house coach or house trailer is not covered by the ban, so alcohol in an RV’s living area is treated differently from the driving cabin. |
What you can do right now
Concrete, neutral steps to stay on the right side of the open container rule in Pennsylvania. This is legal information, not legal advice.
- Keep alcohol sealed in the cabin
Do not carry an opened container of alcohol where the driver or passengers ride. Transport alcohol sealed, or keep an opened container out of the passenger cabin.
- Use the trunk for an opened container
Store any opened container in the trunk or another area the occupants do not use while the vehicle is on the road.
- Do not assume passengers are exempt
Any occupant can be charged, except a passenger in a bus, taxi, or limousine, or a person in the living quarters of a house coach or trailer.
- Respond to the citation
An open-container violation is a summary offense. Answer the citation by the date shown, or arrange to contest it before the magisterial district judge.
An open container charge is usually a minor offense, but it can add up with other citations. A local traffic attorney or public defender can explain how it is handled where you were stopped.
→ Pennsylvania DMV (PennDOT)This is general legal information, not legal advice. How the ban is charged, and what counts as the passenger area, can turn on the facts, so confirm your situation against the statute.
What drivers in Pennsylvania get wrong about open containers
Pennsylvania bans open containers of alcohol in a car, and 75 Pa.C.S. §3809 reaches more than the driver: an individual who is an operator or an occupant of a motor vehicle may not possess an open alcoholic beverage container, or consume alcohol, while the vehicle is on a highway in the Commonwealth. Because the word is occupant, a passenger with an open container commits the offense too, even when the driver has none. The section makes room for a few situations. A passenger in the passenger area of a vehicle used mainly to carry people for compensation, such as a bus, taxi, or limousine, is not covered, and neither is a person in the living quarters of a house coach or house trailer, so an RV’s living space is handled apart from its driving cabin. An opened container kept in the trunk, out of the cabin, is not the target of the ban. A violation is a summary offense, the lowest level of criminal offense in the state.
Common questions
Can a passenger drink in a car in Pennsylvania?
No. Under 75 Pa.C.S. §3809 an occupant, not just the driver, may not possess an open container or consume alcohol in a vehicle on a highway, except in a bus, taxi, limousine, or the living quarters of an RV.
What is the penalty for an open container in Pennsylvania?
It is a summary offense, the lowest tier of criminal offense in the state, punishable by a fine and, in principle, a short jail term.
Can I keep an open bottle in the trunk in Pennsylvania?
Yes. The ban targets an open container in the vehicle cabin. An opened container kept in the trunk, out of the area the occupants use, is not the offense.
Does the open-container law apply to RV passengers in Pennsylvania?
A person in the living quarters of a house coach or house trailer is not covered, but the driving cabin is. The exception is for the living area, not the front seats.
Does the open-container law apply to limo passengers in Pennsylvania?
No. Passengers in the passenger area of a bus, taxi, or limousine used mainly to carry people for compensation are excepted from the ban.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.