the law must apply to all vehicle occupants. But, the law may provide an exception for open containers of alcoholic beverages possessed by passengers “in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation” (e. g. , buses, taxicabs, and limousines). Of the 40 federally-compliant jurisdictions, four do not include such an exemption for paying passengers. The other 36 include the exemption as phrased in the federal statute, or some variation of it. Thus, for example, passengers in a registered, permitted limousine operated by a properly licensed driver and in accordance with applicable laws may possess open containers and consume alcoholic beverages in the passenger area of the limousine
The max penalty is $50 for vermont don't know where they got the other $5 from
FEDERAL REQUIREMENTS FOR OPEN CONTAINER LAWS
Federal law authorizes the transfer of a portion of a state's federal highway construction funds to the state's safety grant program if the state does not comply with the federal program requirements for enacting open container laws. Transferred funds may be used only for alcohol-impaired driving countermeasures, enforcement of drunk driving laws, or the state's hazard elimination program.
To comply with the federal program, a state's open container law must:
1. prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage;
2. cover the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver or passengers while in their seats;
3. apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain 0. 5% or more of alcohol by volume (including 3. 2% beer);
4. apply to all vehicle occupants except for passengers of vehicles designed, maintained, or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines), or the living quarters of motor homes;
5. apply to all vehicles on a public highway or the right-of-way (i. e. on the shoulder) of a public highway; and
6. require primary enforcement of the law, rather than requiring probable cause that another violation had been committed before allowing enforcement of the open container law.
To avoid the transfer of funds, a state must certify that its laws comply with each of the criteria specified above and that the state is enforcing the law.
STATE OPEN CONTAINER LAWS
Table 1 provides a summary of the maximum penalty assessed for violating open container laws in the jurisdictions that comply with the federal requirements. The amounts shown do not include any additional penalties, fees, assessments, or surcharges that may accrue under the jurisdictions' laws. The maximum base penalties tend to be between $ 100 and $ 500, but vary in some states based on 1st, 2nd, or subsequent offense.
Table 2 identifies the 40 federally-compliant jurisdictions and each one's (1) penalty for a violation and (2) paying passenger exception (if any).
Table 3 lists the five jurisdictions that have open container laws that do not comply with the federal requirements, each one's penalty for a violation, and the apparent deficiency making the law non-compliant.
Table 4 includes the six jurisdictions, including Connecticut, that prohibit consumption of alcoholic beverages in certain circumstances (e. g. , in a public place, while operating a motor vehicle) and each one's penalty for a violation.
Table 1: Maximum Base Penalty Dollar Amount for Open Container Violation in Federally-Compliant Jurisdictions
http://www.cga.ct.gov/2008/rpt/2008-R-0128.htm