Dumb Question: open container in a plane?

[Ramsey]

I love it. St. Loser, Misery! Can't wait to get out of here.

 

[Minuteman]

Looks like it is OK for aircraft. I wondered if Texas lumped aircraft in with "motor vehicles," which might be subject to the open container law. It looks like they don't, but I'm not one of those law-talking guys, either ... a "lawyer?".

Texas Penal Code:

Sec. 49.01. DEFINITIONS. In this chapter:

(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).​

§ 32.34. FRAUDULENT TRANSFER OF A MOTOR VEHICLE.

(a) In this section:​

(2) "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.​

and

Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE.

(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.​

All I found about alcohol and flying is:

Sec. 49.05. FLYING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating an aircraft.

And it would probably be even less of an issue if no containers were seen.

 

[killbilly]

Looks like it is OK for aircraft. I wondered if Texas lumped aircraft in with "motor vehicles," which might be subject to the open container law. It looks like they don't, but I'm not one of those law-talking guys, either ... a "lawyer?".

Texas Penal Code:

Doubt it. The State Of Texas doesn't regulate its sky. The FAA does.

As to Tony's point, since I would not be drinking, I don't really care whether the FAA thinks I was or not. I'd be happy to submit to a breathalyzer or blood test. Got nothin' to hide there.

 

[HeyEng]

Looks like it is OK for aircraft. I wondered if Texas lumped aircraft in with "motor vehicles," which might be subject to the open container law. It looks like they don't, but I'm not one of those law-talking guys, either ... a "lawyer?".

Texas Penal Code:

Doubt it. The State Of Texas doesn't regulate its sky. The FAA does.

As to Tony's point, since I would not be drinking, I don't really care whether the FAA thinks I was or not. I'd be happy to submit to a breathalyzer or blood test. Got nothin' to hide there.

I don't see anything wrong with it if it's within reason. The whole argument about being impaired during an emergency, well, it doesn't seem to affect commercial flights too much. At least I don't remember reading it being a factor in any reports that I have read. You aren't selling the beer, so you'd be good with TABC. And it IS a short flight...

Speaking of Texas...did you know that a passenger can ask to see the pilot's certificate? Kinda strange, huh?