‘Pass-the-bottle’ exception must go

Tennessee lawmakers will try again this year to close a loophole in the open container law that is costing the state money.

State Rep. John Lundberg, R-Bristol, is leading the latest charge to modify a portion of the law that critics deride as the "pass-the-bottle" provision. The law earned this moniker because it allows passengers to possess and consume alcohol in a moving vehicle and, presumably, could encourage a driver to hand off his open bottle of beer or other spirits to his passenger.

We urge lawmakers to follow Lundberg’s lead and fix the law. The present law provides needless wiggle room for drinking, but not yet intoxicated, drivers.

Simply put, drivers don’t need to be drinking. Their passengers don’t either.

Distracted drivers are now recognized as a primary factor in many crashes. And, a car full of partying passengers would certainly qualify as a distraction.

Supporters of the present law like to argue that closing the loophole would be unfair to Tennessee Vol fans, who apparently like to imbibe on their way to Knoxville. But past versions of the law contained exceptions for passengers in party buses, limos and the like that are operated by a professional driver.

The law change wouldn’t encroach on the enjoyment of those who can hire a driver. It would make the state’s highways safer.

A loophole-free law would also help the state’s budget – a reasonable consideration given the shaky state of the national economy and a predicted state budget shortfall.

Already, Tennessee has forfeited federal highway dollars because lawmakers refused to tighten up the law. Tennessee is one of 11 states with laws that are less strict than federal requirements.

The state was projected to lose about $60 million in federal highway dollars as a result of the lax law by the end of last year, according to The Associated Press. That’s not an insignificant amount and there’s no real justification for it.

Lundberg’s bill, filed last week, also increases the penalty for consuming alcohol while driving. Under the current law, it’s a Class C misdemeanor, punishable only by a fine. The change would make it a Class B misdemeanor that carries a fine and a possible jail sentence. This seems appropriate.

Also under Lundberg’s proposal, a passenger who possesses an open container of alcohol in a moving vehicle would be guilty of a Class C misdemeanor. The present law allows this behavior.

It’s hard to predict the odds of passage. A similar measure was defeated last year. But that is no reason to give up hope. We applaud Lundberg’s effort and encourage the rest of our local delegation to support him.

Tennessee needs safer highways and it needs the funds to maintain them. For both of these reasons, closing the loophole makes sense.