Alcohol and OTR

[belpre122]

[belpre122]

Hey Hobo! You've been on here a lot lately. I'm just wondering if you are between coolie carriers again?

Let's not forget what happened last time you had too much time on your hands.......................

[ssoutlaw]

This has officially become the stupidest topic ever to be discussed on CAD. Everyone who reads it is now dumber for having done so.

And you must have just watched Billy Madison on TV....lol

[got mud?]

my mistake sorry

[Rev.Vassago]

Last edited by got mud?; Today at 11:37 AM. Reason: oops hit page three not last page. relplying to old post. deja vu

That's how bad this thread has become. It's to the point where one isn't even sure what one is replying to anymore.

[Rat]

I was really hoping for a reply from the DOT guy as he would know the rules pertaining to this and he would not try to read into the regs what he wants.



As for the actual physical control part. The funny thing is that all you have to do is have the keys in your pocket etc and be inside a motor vehicle and able to get to the controls of the motor vehicle.

Since you can just get up and walk from your sleeper to the controls and you have the keys either in your pocket of in the ignition then you are actually in control of that vehicle.


Open container laws may vary from state to state possibly but in North Dakota and Minnesota, it is illegal to have an open container of alcohol in a motor vehicle that is not a bus that is carrying passengers etc. A comercial vehicle is not a bus or RV so to speak and would fall under the same rules as Billybobs pickup or Chevy Elcamino or Camero.

But I quess if our DOT guy does not post up and give us the stuff we need to understand this then I will be one of the guys that says that if you plan on having a few then you better have a room rented for the evening or be staying at a friends house.

Oh and LEO does patrol the truck stops. And if he can possibly see you hoisting a cold one through a window as he drives by. That would be probable cause to get out and tap on your door. I know a driver that was parked int he flying hook in Fargo ND that got a tap on his door. He was drinking one of them energy drinks and the can looks like a coors light (silver bullet).

[golfhobo]

North Carolina Statute: (result of search for "open container CMV")

§ 20‑138.2C. Possession of alcoholic beverages while operating a commercial motor vehicle.


A person commits the offense of operating a commercial motor vehicle while possessing alcoholic beverages if the person drives a commercial motor vehicle, as defined in G.S. 20‑4.01(3d), upon any highway, any street, or any public vehicular area within the State while having an open or closed alcoholic beverage in the passenger area of the commercial motor vehicle.

This section shall not apply to the driver of a commercial motor vehicle that is also an excursion passenger vehicle, a for‑hire passenger vehicle, a common carrier of passengers, or a motor home, if the alcoholic beverage is in possession of a passenger or is in the passenger area of the vehicle. (1999‑330, s. 2.)

Note the way they relate OPERATING to DRIVING.

[belpre122]

Hobo why are you on here so much now? Oh no, not again already!

Drifting from one coolie carrier to another huh? One thing for sure. If Golfhobo is unemployed again..........it will make for a longggggg Christmas season on CAD. A 'wet brain' is a terrible thing to waste.

Golfhobo= CAD wordsmith. NOT (well maybe in his own mind)

[got mud?]

Hobo why are you on here so much now? Oh no, not again already!

Drifting from one coolie carrier to another huh? One thing for sure. If Golfhobo is unemployed again..........it will make for a longggggg Christmas season on CAD. A 'wet brain' is a terrible thing to waste.

Golfhobo= CAD wordsmith. NOT (well maybe in his own mind)

belpre122 I'm really starting to think you are in love with hobo. you spend a awful lot of time worrying about what he is doing.

[golfhobo]

Hobo why are you on here so much now? Oh no, not again already!

Drifting from one coolie carrier to another huh? One thing for sure. If Golfhobo is unemployed again..........it will make for a longggggg Christmas season on CAD. A 'wet brain' is a terrible thing to waste.

Golfhobo= CAD wordsmith. NOT (well maybe in his own mind)

Your memory must be shorter than your "pogo stick."

I'm sure I told you that I am doing a "butthead" linehaul run now, and get back to the terminal each night. It's hardly worth the 45 minute drive home (and back) for only about 3 hours, but that's what I'm doing MOST nights.

I'm off on Sunday and Monday. Steady paycheck direct deposited every Thursday night like clockwork!

But, I sure do miss REAL truck driving! Though, right now... I sure don't miss the slow freight!

[belpre122]

Your memory must be shorter than your "pogo stick."

LOL.........Well, I am glad to hear that you are still employed. I remembered your post about the line-haul, but I didn't know that you had decided to make the trip home during your work week. So, I gather that we can now look forward to nightly postings from Golfhobo? That's like an early Christmas for all of us on CAD!

3 hours doesn't allow for much Line 5 time huh?

BTW.......Happy Holidays, Hobo.

[belpre122]

belpre122 I'm really starting to think you are in love with hobo. you spend a awful lot of time worrying about what he is doing.

Hobo's my bro mud! I just have to keep him on his toes, as he gets out-of-line when left unchecked. Not to mention that he also misses the attention.

[golfhobo]

Belpre122 said:

LOL.........Well, I am glad to hear that you are still employed. I remembered your post about the line-haul, but I didn't know that you had decided to make the trip home during your work week.

So far, I have decided that I can't make myself NOT make the trip home each night! I am looking for a "fitness club" near the terminal that is open 24 hours and has a whirlpool and sauna in addition, of course, to a shower. I haven't found one yet. I get back to the terminal too late for anything but Denny's or Waffle house for dinner. For what I pay for a steak at Denny's, I can drive home and cook my OWN (cheap) steak from the grocery store. And the Rev prefers that I take a shower!

The thing I hate most, is that the truck sits at the terminal for those few hours. Nothing to do there. If I was at a truckstop.... I'd have a shower, and a delicious buffet or steak dinner. And time to sit at the counter and practice LAW!

I am out of my element at the terminal, and I don't like it! The nearest truckstop, where I could feel "at home," is only 15 minutes closer than my home. Besides.... I have to come home and see if I need to defend myself against a valid attack on CAD! (That would exclude your posts!)

So, I gather that we can now look forward to nightly postings from Golfhobo? That's like an early Christmas for all of us on CAD!

Not necessarily. Sometimes, I just "lurk." I found an internet cafe close to the terminal, but I haven't used it yet. I found a fitness club open all night, but all they have is Nautilus and a shower. If I'm going to PAY and stay up there to relax, I'd like to have a whirlpool and sauna. But, I'm quickly tiring of the drive! I go on duty about 11 a.m. and park the truck about 10 p.m. most nights. 530 miles. Another 90 miles round trip, and staying up until 3 a.m. is a LONG day! There have been nights that I almost fell asleep at the wheel on the way back to work.

3 hours doesn't allow for much Line 5 time huh?

So true! Usually, no more than 2 "bullets!"

BTW.......Happy Holidays, Hobo.

This will be one of the best in YEARS for me, Bel! I actually HAVE the money to buy presents for all my family.... but, we've decided not to exchange gifts this year! So, I will be going out this Monday to find the proper channel to donate a couple of hundred bucks to some families that otherwise might not be able to buy presents for their kiddies! I hope you are equally blessed with the "spirit" of Christmas this year, and always!

And that goes for ALL my friends here on CAD! I know things are tough this year, even for many of us who have a job! But, I hope you ALL take time to remember the reason for the season!

[belpre122]

This will be one of the best in YEARS for me, Bel! I actually HAVE the money to buy presents for all my family.... but, we've decided not to exchange gifts this year! So, I will be going out this Monday to find the proper channel to donate a couple of hundred bucks to some families that otherwise might not be able to buy presents for their kiddies! I hope you are equally blessed with the "spirit" of Christmas this year, and always!

And that goes for ALL my friends here on CAD! I know things are tough this year, even for many of us who have a job! But, I hope you ALL take time to remember the reason for the season!

I'm really happy that the line-haul is working out so well for you. Listen to yourself Hobo.....going to the gym, going home..........you are starting to sound like one of US. You know, the "buttheads." That US. It's amazing when you find that you can enjoy our great occupation...............and be home, make a decent wage and be treated like a human being. Isn't it? Golfhobo going to the gym??? Hell, I almost fell out of the chair. But, I sure as hell am happy to hear it!

Strange how a person can suddenly be home at least 2 days a week, can go home every day, drive less and make 1/3 more money, etc, etc. You almost don't want to believe that it is true. I know Hobo! It's great to be able to do these things. I knew that you were going to come around to 'our' way of thinking eventually. Welcome to the club!
You're never going back OTR unless it is the last resort. I just know that I am right. Don't even tell me that I am wrong on this one GH.

Enjoy the season! Take advantage of being around family, being home, that extra money and that renewed sense of self worth that seems to have overtaken you. I consider you to be my most worthy convert to date and I feel a definite sense of accomplishment. You ARE welcome, Hobo.

That said. I dinged ya pretty good over on another thread tonight! LOL
Some things will never change my adversary/friend or is that friend/adversary........................Bel

[belpre122]

Hobo, if you find that you are getting home too often and really miss the lifestyle..........I'm sure that CRST would be happy to set you up with 3 weeks out and a stranger to team with..................

Of course, I need not tell you any of this. I'm sure that you are doing everything possible to get yourself out of this rut, and get back out there amongst the real truckers! Aren't you? I just don't want to see my dyed-in-the-wool CPM apologist, irregular-route OTR proponent buddy go complacent!

Oh the humanity! Oh the humanity!

[wolfmanjaks]

I

Tough ****



But I will address this and I'll make sure I keep the attitude on par with yours.



I field, on average, several calls a year from other truckers or 4-wheelers, calling to inform me that they saw one of our drivers picking up a six pack or a bottle of wine or some other adult beverage and taking it out to their truck.

I am one recruiter.

In one company.

Do the math and tell me how anyone needs beer nazis? There are a lot of drivers out there that agree with me and would rather see their chosen profession cleaned up instead of walked all over by someone that doesn't give a damn what the image is.

Point is, having beer in the truck is stupid. Plain and simple. And my family shares the road with you. I don't want you getting plowed in your sleeper because you had 1 beer too many while watching your football team get destroyed and then had no one around to take your keys away.

Get it?

You want to drink beer? Fine. Drink it at home. Sounds to me like you NEED it. Maybe you NEED to get help.

How's that. Was I as offensive as you?

I need to jump in here for just second to ask a question.So SOMEONE calls in and reports this and you base your stats on these calls?MMMMM I saw you buy crack the other day at a crack house and get in your rig and drive off smoking it. Now how reliable is that info?It's not reliable at all.Neither here or in court,it is called hearsay and if that is the basis for your case you all ready lost it.Now having said that if you drink don't drive.Buying it is not illegal it's the drinking it.Hell in Texas we have drive thru liquor stores and they sell loose beers as well as bottles.I am an adult and know what I can and can't drink,so if I have a few beers watching the game and sleep for 6 or 7 hours I am good to go. If you need more then sleep more.

[stonefly]

Hey golfhobo,

I followed this thread through all 12 pages. Thank you for the discussion on the question of off duty time in the cab of commercial vehicle.

The way I read the regulations, you're right.

To me, it seems that the key word is until, as you mentioned.

True, "on duty time" includes all time in or upon a commercial vehicle. The regulations are clear on that. However, in the beginning of the section, it defines "on duty time" as "all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work"

So, yes, any time a driver is in or upon a commercial vehicle, the driver is on duty...until...the driver is relieved from work. According to the regulations, a driver may sit in the cab of his truck, and legally be logged off duty, as soon as the driver is relieved from work and all responsibility for performing work.

I'm sure you're right on this.



stonefly

[Jumbo]

Jump in here for a second? The last post was four months ago.

[golfhobo]

Jump in here for a second? The last post was four months ago.

Yeah, but wasn't it funny that he zeroed in on the Beer Nazi post?!

He's got a point, ya know. What if your competitor had been given instructions to "call in" on your company drivers and make up **** that wasn't true?

This is why the REGULATIONS clearly state that a company official MUST witness the event, absent an LEO involved situation. The FMCSA KNOWS it must protect certain constitutional rights, regardless of their company policies.

[PonceDeLeon]

Yeah, but wasn't it funny that he zeroed in on the Beer Nazi post?!

He's got a point, ya know. What if your competitor had been given instructions to "call in" on your company drivers and make up **** that wasn't true?

This is why the REGULATIONS clearly state that a company official MUST witness the event, absent an LEO involved situation. The FMCSA KNOWS it must protect certain constitutional rights, regardless of their company policies.

I always wondered why so many truckstops sell beer. If it isn't against the law then it's surely against company rules.

I thought the CFRs read something about not consuming an alcohol within 4-hours of going on duty and not having a BAC of .04 or greater while driving. I would think a driver would want no detectable alcohol when driving. In theory a driver can chug 9-beers during the first hour of his 10-hour break, by the time he goes on duty the alcohol should be metabolized.

I guess I'm from the Chic Hearn school of "No harm, no foul."