Pedal While You Drink

Published for NC Criminal Law on July 29, 2013.

One of the newest attractions in downtown Raleigh is the Trolley Pub. Passengers board the open air bar on wheels in the Warehouse District and slowly cruise the city streets, traveling from one watering hole to another by means of the pedal power they supply. In addition to providing the power-source for locomotion, riders provide their own fuel—be it food or alcohol. The first question most folks I know ask is “What is that?” The second (which may say something about my age as well as my circle of friends) is:  “Is that legal?” Of course, given that the Trolley Pub has been puttering around Raleigh for more than a year, it must be operating legally. Otherwise, the City of Oaks surely would have put the brakes on this contraption. Plus, the business was co-founded by Kai Kaapro, a law student at Penn State, who decided that given the current market, launching this business was a better use of his time than working to make better grades or spending time on law review. Need further convincing? Here are the specifics on how this pedal-powered bar complies with North Carolina’s motor vehicle laws. Not impaired driving. The trolley is a vehicle, it travels down streets and public vehicular areas, and at least some of the pedal-pushers are impaired some of the time. But the operation of this vehicle does not violate the state’s impaired driving laws because the drinkers aren’t drivers. They simply provide the power. They don’t steer, and they aren’t [...]