Uber & Lyft Drivers - Customers Drinking Alcohol In Vehicle (NEVADA)

[acvegasUSA]

Jurisdiction

Nevada

Las Vegas, Nevada


Uber/Lyft Drivers - do the "Open Container" Laws in Nevada - NRS 484B.150 apply to Uber/Lyft Drivers carry passengers in a vehicle whom are consuming alcoholic beverages?


NOTE: Nevada Taxi Drivers, Nevada Limousine Companies and most Nevada Commercial Transportation Companies are legally exempt from Nevada NRS 484B.150 Law. And in Nevada ALL Uber/Lyft Drivers are required to obtain a Business License; does obtaining a "Nevada Business License" in-turn make each Uber/Lyft Driver a "Commercial Driver" (so-to-speak)?


This Is The Legal Definition of a NEVADA COMMERCIAL VEHICLE: NRS 484A.055 commercial defined. "Commercial Vehicle" means every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise. (Added to NRS by 1969, 1477; A 1973, 448) — (Substituted in revision for NRS 484.037)

 

[mightymoose]

Uber drivers are not "taxi drivers" and likely are not exempt.
In order to have those exemptions those commercial businesses have licenses.
I'd bet most Uber drivers can not claim their vehicle is commercial either, as their vehicles are primarily for personal use.
You might direct your question to the powers that be at Uber. It is probably addressed in their terms that drivers agree to.

 

[acvegasUSA]

Uber drivers are not "taxi drivers" and likely are not exempt.
In order to have those exemptions those commercial businesses have licenses.
I'd bet most Uber drivers can not claim their vehicle is commercial either, as their vehicles are primarily for personal use.
You might direct your question to the powers that be at Uber. It is probably addressed in their terms that drivers agree to.

UPDATE August 22 2017 – and this is my answer from Uber Live Chat Support: "That should not be permitted. While on trip, you may consider telling your rider that consume the alcoholic beverage after the trip".

 

[zddoodah]

NRS 484B.150(2) states as follows:

"Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to: (a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation."

Is an Uber/Lyft driver's vehicle "designed, maintained or used primarily for the transportation of persons for compensation"? Obviously, the business model behind those services is that the folks use their personal vehicles to transport others. Those vehicles are not, in almost all cases, "designed . . . primarily for the transportation of persons for compensation." Whether a given vehicle will be "maintained or used primarily for" that purpose will, presumably, vary from driver to driver. I would not be surprised if this issue makes its way to the Nevada Supreme Court at some point in the reasonably near future.

does obtaining a "Nevada Business License" in-turn make each Uber/Lyft Driver a "Commercial Driver" (so-to-speak)?

No.