Section 1227. Consumption or possession of alcoholic beverages in certain motor vehicles

1.  The  drinking  of  alcoholic  beverages,  or   the
  possession  of  an open container containing an alcoholic beverage, in a
  motor vehicle located upon the public highways  or  right-of-way  public
  highway  is prohibited. Any operator or passenger violating this section
  shall be guilty of a traffic infraction.
    The provisions of this section shall not be  deemed  to  prohibit  the
  drinking  of  alcoholic beverages or the possession of an open container
  containing an alcoholic beverage by  passengers  in  passenger  vehicles
  operated pursuant to a certificate or permit issued by the department of
  transportation  or  the  United  States  department  of  transportation.
  Furthermore, the provisions of this  section  shall  not  be  deemed  to
  prohibit  the  possession  of  wine which is: (a) resealed in accordance
  with the provisions of subdivision four of  section  eighty-one  of  the
  alcoholic  beverage control law; and (b) is transported in the vehicle's
  trunk or is transported behind the last upright seat or in an  area  not
  normally  occupied by the driver or passenger in a motor vehicle that is
  not equipped with a trunk.
    2. For the purposes of this section, a passenger vehicle shall mean  a
  vehicle  designed  to  carry  ten  or  more passengers and used to carry
  passengers for profit or hire.