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1 for the road: Montana lawmaker says passengers should be allowed to drink

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A lawmaker has proposed legislation to tweak Montana’s open container law to allow passengers in a vehicle to drink alcohol.

According to NBC Montana, House Rep. Daniel Zolnikov proposed Bill 206, which has been widely dubbed as the “road beer law,” that would allow passengers to drink while drivers would still be prohibited.

According to the Independent Record, Zolnikov provided several examples of when a passenger might want to have a few cold ones while travelling in a vehicle, including returning home from a hunting trip or at the end of a community baseball game.

Montana passed its open container law in 2005, which prohibits the possession of an open alcoholic beverage container by anyone in a motor vehicle on a highway.

As NBC News reports, Zolnikov faced criticism that the proposed change to the bill would lead to more cases of drunk driving.

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“The argument was made — how about if it tempts the driver?” Zolnikov told NBC. “That’s like saying (designated drivers) shouldn’t go to bars in case they’re tempted to have a drink. Where is the self-responsibility? This isn’t allowing for people to drink and drive, it’s allowing a passenger to have a beer.”

State officials say the change could mean $9.6 million in federal highway funding would have to be diverted from construction to safety programs.

“It would take Montana out of compliance with the federal open container requirements,” a spokesperson for Montana Department of Transportation told The Record. “House Bill 206 is not a loss of funding, but it’s a loss of flexibility for the department to direct highway funds to the most essential, cost-effective improvements we try to do to extend the life of our assets.”

According to NBC, the bill was debated on Tuesday will be up again for debate at a time that has yet to scheduled.

-with files from The Associated Press

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