How is drinking on a mutant vehicle allowed?

Ideas, advice, tips, and tricks regarding the building and creation of mutant vehicles in Black Rock City
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LongWayUp
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How is drinking on a mutant vehicle allowed?

Postby LongWayUp » Mon Aug 18, 2014 10:33 am

I'm trying to figure out how the BM Closure Order works, in terms of what additional privileges are legally granted to participants while they're in BRC. One issue I'm thinking about is consuming alcohol on a mutant vehicle.

Here's the Nevada law on open containers in a moving vehicle:

NRS 484B.150  Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.
1.  It is unlawful for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.
2.  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; or
(b) The living quarters of a house coach or house trailer,

https://www.leg.state.nv.us/NRS/NRS-484B.html#NRS484BSec150

And here's the Closure Order:
https://www.federalregister.gov/articles/2014/06/16/2014-13997/notice-of-temporary-closure-and-temporary-restrictions-of-specific-uses-on-public-lands-for-the

I don't see anything in the order that specifically exempts mutant vehicles from the Nevada open container statute. And I assume that just because something isn't covered in the closure order that's illegal in Nevada, doesn't mean it's legal in BRC--for example, theft isn't mentioned in the closure order, but it's still illegal to steal from people at Burning Man. Are we just considering every part of a mutant vehicle other than the driver area to be a "living quarters"?

Or am I misunderstanding how the Closure Order works?

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A-RockLeFrench
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Re: How is drinking on a mutant vehicle allowed?

Postby A-RockLeFrench » Mon Aug 18, 2014 11:15 am

LongWayUp wrote:
NRS 484B.150  Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.
1.  It is unlawful for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.
2.  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; or
(b) The living quarters of a house coach or house trailer,

https://www.leg.state.nv.us/NRS/NRS-484B.html#NRS484BSec150

And here's the Closure Order:
https://www.federalregister.gov/articles/2014/06/16/2014-13997/notice-of-temporary-closure-and-temporary-restrictions-of-specific-uses-on-public-lands-for-the

I don't see anything in the order that specifically exempts mutant vehicles from the Nevada open container statute. And I assume that just because something isn't covered in the closure order that's illegal in Nevada, doesn't mean it's legal in BRC--for example, theft isn't mentioned in the closure order, but it's still illegal to steal from people at Burning Man. Are we just considering every part of a mutant vehicle other than the driver area to be a "living quarters"?

Or am I misunderstanding how the Closure Order works?


I think you got it right there. However I am not lawyer, so could be mistaken.

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Captain Goddammit
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Re: How is drinking on a mutant vehicle allowed?

Postby Captain Goddammit » Mon Aug 18, 2014 12:23 pm

The on-playa mutant vehicle rule is no alcohol in drivers compartment or within arms reach of the driver.
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Re: How is drinking on a mutant vehicle allowed?

Postby FeedMeBeats » Sat Sep 06, 2014 3:16 am

Not sure how many people pay attention to that law...
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lucky420
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Re: How is drinking on a mutant vehicle allowed?

Postby lucky420 » Sat Sep 06, 2014 9:25 am

If caught by LEO they will be busted
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Re: How is drinking on a mutant vehicle allowed?

Postby Bounce530 » Sat Sep 06, 2014 9:38 am

This year I was warned to not even pick up beer can moop, because even a dry and crushed beer can would be considered an open container, and I could be charged with it.
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Captain Goddammit
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Re: How is drinking on a mutant vehicle allowed?

Postby Captain Goddammit » Sat Sep 06, 2014 9:42 am

I was by the Thunderdome one evening in about '02 or '03 and all of a sudden out of the crowd there was a policeman asking if the cup sitting on the bow of my boat (next to me, the driver) was alcohol.
I got pretty heavily grilled for a bit but was let go. I wouldn't count on getting away with that again and haven't since allowed drinks forward of the cabin. If I'd been drinking that drink I'd have been in a heap o' trouble, boy.
However, he seemed entirely unconcerned about the people in other areas of the vehicle.
My M/V has the driver area out front separated from the cabin by a bulkhead. If your vehicle hasn't got a distinctly separated driver area, you might not be legal.
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Re: How is drinking on a mutant vehicle allowed?

Postby robbidobbs » Sun Feb 08, 2015 7:14 pm

Alcohol simply isn't allowed in my vehicle. I'm DPW so I will moop a can, crush it good in the dirt and put it into a trash bag in the back of the Poop Mobile, or for preference, a bag on top of the car. It then gets delivered to a recycling bin asap. Cans routinely get left in the johns, so I have a damn good reason to have them in my trash bag.

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TomServo
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Re: How is drinking on a mutant vehicle allowed?

Postby TomServo » Mon Feb 09, 2015 1:50 am

Cannot be within reach of the driver. I'm also DPW and I purposely use two ply toilet paper in the Porta Johns.
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robbidobbs
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Re: How is drinking on a mutant vehicle allowed?

Postby robbidobbs » Mon Feb 09, 2015 3:47 am

I'm just paranoid that way Tom. I heard the above about being hassled because of a crushed can, and I just don't want that conversation with Officer Friendly.

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Re: How is drinking on a mutant vehicle allowed?

Postby ^Rhino! » Mon Feb 09, 2015 6:14 am

robbidobbs wrote:I'm just paranoid that way Tom. I heard the above about being hassled because of a crushed can, and I just don't want that conversation with Officer Friendly.


Officer Friendly I've never met. It's usually Officer Surly from Washoe County (can someone yell 'Reno 911' at them again for me?).
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Re: How is drinking on a mutant vehicle allowed?

Postby Thecatman » Mon Feb 09, 2015 6:03 pm

Bounce530 wrote:This year I was warned to not even pick up beer can moop, because even a dry and crushed beer can would be considered an open container, and I could be charged with it


It would be considered an open container but what if you're leaving and have cans and/or bottles as trash? What if you put all cans, soda and beer in bags to recycle for your monetary gain as I do?
Being that bicycles are subject to motor vehicle laws, the law would also apply to drinking an alcoholic beverage while riding a bike in the playa.

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maladroit
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Re: How is drinking on a mutant vehicle allowed?

Postby maladroit » Mon Feb 09, 2015 7:26 pm

If this is the year they crack down on drunk bicycle riders, they might as well call off the whole event.

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vargaso
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Re: How is drinking on a mutant vehicle allowed?

Postby vargaso » Thu Feb 12, 2015 8:50 am

We had no separation between driver and passengers in our art car in 2009 (only year we brought one up). It was a replica of a Disneyland jungle cruise boat, so there was no driver's cabin. There was much drinking going on all around the driver, even though whoever was driving absolutely was not drinking and had to be sober. We didn't even consider that that setup might be illegal. I guess we lucked out. Yikes.


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