Alcohol and OTR

[BigDiesel]

Yet again..... Golfhobo has proven that he is clueless about safety and regs ......

[Rat]

Well after going through all of these quotes of regulations or "clips" it only supports my feelings about alcohol even more.

This is that alcohol is not allowed in a CMV period. Also the Physical Control part tells me that you can not be inside your CMV while intoxicated if you have the keys to that CMV in your posession.

The Sleeper berth may be our home away from home but it is not off duty actually. Off duty is just that according to my safety officer. Off Duty is being away from the truck. Ie hotel room, friends house, or at home.

But then I am one that does not feel the need to have a brew at dinner time when out on the road. I keep the brew at home for when I have the grill fired up.

[Rev.Vassago]

Originally Posted by Rat

The Sleeper berth may be our home away from home but it is not off duty actually. Off duty is just that according to my safety officer. Off Duty is being away from the truck. Ie hotel room, friends house, or at home.

Precisely. If you are in a CMV, you cannot be off duty, unless you are using the truck for personal conveyance. If you are in the sleeper berth, you are not off duty - ever.

Anyone who disagrees is an idiot.

[golfhobo]

Originally Posted by Rev.Vassago

Precisely. If you are in a CMV, you cannot be off duty, unless you are using the truck for personal conveyance. If you are in the sleeper berth, you are not off duty - ever.

Anyone who disagrees is an idiot.

Well, so much for the Rev keeping it civil!

And, well..... I guess the FMCSA IS an idiot, because THEY disagree!

395.8 RODS

(h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

(h)(2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in §395.2 (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.)

The distinction being made here, is NOT between whether you are OFF DUTY or not, but WHERE on the grid you would log this OFF DUTY time!

The Rev said:

Once again, sleeper berth = sleeper berth. Sleeper berth does not = off duty. Ever. Never, ever, ever.

and....

If you are in the CMV, you cannot be OFF DUTY, unless you are using the CMV for personal conveyance. If you are taking a break in the sleeper, you are not OFF DUTY.

And..... once again..... the Rev is WRONG, and the "idiots" at the FMCSA are right.... AND very clear about things!

[Rev.Vassago]

Originally Posted by golfhobo

Well, so much for the Rev keeping it civil!

And, well..... I guess the FMCSA IS an idiot, because THEY disagree!

The distinction being made here, is NOT between whether you are OFF DUTY or not, but WHERE on the grid you would log this OFF DUTY time!

The Rev said:

and....

And..... once again..... the Rev is WRONG, and the "idiots" at the FMCSA are right.... AND very clear about things!

You're kidding, right? You quote the regulation for when to log sleeper berth, then claim it is really off duty?

(h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is [b]not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work

[golfhobo]

Rat said:

Well after going through all of these quotes of regulations or "clips" it only supports my feelings about alcohol even more.

This is that alcohol is not allowed in a CMV period.

You are free to believe what you want, Rat. And, I'm SURE that there are companies out there that have "policies" of their own that would say just that! But, don't you think that if the FMCSA wanted to make that clear, they WOULD have? But, they don't just come out and say something like "No driver shall have any alcohol, blah blah in a CMV." What they SAY is, that....

No driver can USE alcohol within 4 hours of going on duty,

USE alcohol or be under the influence WHILE ON DUTY or operating,

or BE ON DUTY while unmanifested alcohol is in the truck.

paraphrased.

Also the Physical Control part tells me that you can not be inside your CMV while intoxicated if you have the keys to that CMV in your posession.

The ONE thing I didn't include is the phrase "be in physical control." I have admitted that I cannot find a definition of this in the regs, and I am not TOTALLY sure what they mean. But, there ARE some regs that MAY shed some light on it. I just can't get around to posting them for having to defend myself against someone who obviously cannot READ or COMPREHEND the regs as they are!

This MAY, in fact, be why so many drivers I see in truckstops who are laid over or on a reset, dolly down and SEPARATE their cab/sleeper from their trailers. By doing so, assuming they were under a load, they MAY meet the definition of "unladen."

The Sleeper berth may be our home away from home but it is not off duty actually. Off duty is just that according to my safety officer. Off Duty is being away from the truck. Ie hotel room, friends house, or at home.

Well.... I have PROVED that it IS! Your safety officer, and many others I have heard things from, CAN BE and often ARE wrong! One of them, making MORE money than me I'm sure, said that ALL time on either side of a break used to satisfy the 10 hour off duty requirement (when split logging,) MUST NOT EXCEED 14 hours! This misinformation has been dispelled here MANY times by those of us who DO understand English AND the regs! Here is why your safety directior is WRONG (unless it is a company policy.)

Question 22: A motor carrier relieves a driver from duty. What is a suitable facility for resting?

Guidance: The only resting facility which the FHWA regulates is the sleeper berth. The sleeper berth requirements can be found in §393.76.

This means that they don't even "regulate" resting in the passenger seat, and POSSIBLY not even the drivers seat as the CMV is not "in operation" if you are OFF DUTY.

When you are OFF DUTY, you can REST wherever you want. HOWEVER, IF you are going to say you were resting in a sleeper berth (particularly for the purpose of split logging,) the FMCSA has regulations concerning the size and dimensions of that berth! Read reg 393.76 and show me where the "regulations" of that sleeper berth say anything about what you can or cannot DO while in there.

I'm SURE that they could EASILY have answered question 22 by saying, "Anywhere BUT in the driving compartment of a CMV." But, they DIDN"T! They said, if effect, "We have NO regulations concerning your off duty resting place or activities OTHER than what constitutes an acceptable sleeper berth."

But then I am one that does not feel the need to have a brew at dinner time when out on the road. I keep the brew at home for when I have the grill fired up.

Neither am I. But then, I don't LIVE out of my truck for weeks at a time! If I DID, and spent my 34 hour "resets" on the road, I would want to know what the regs say about it. And I'm pretty sure that I DO!

[golfhobo]

Rev said:

You're kidding, right? You quote the regulation for when to log sleeper berth, then claim it is really off duty?

Are you just messin' with me now, Rev? Surely you can see that I quoted the regs as the FMCSA spelled them out. Can you see the two words in BIG TYPE that say OFF DUTY??

If you are serious, then you are simply reading this WRONG!

This reg concerns HOW to log your OFF DUTY time. Since our logs are supposed to closely or accurately represent our actual activities, you are supposed to show what part of your OFF DUTY time is spent resting in the sleeper, as opposed to eating dinner or playing video games.

They are saying that a continuous line should be logged on line 1 to show your off duty time EXCEPT for any time spent resting in the sleeper, which you would then log a continuous line on line 2 for! Therefore, your OFF DUTY timeline can zig zag from line one to line 2 and back.

The FIRST example that comes to mind is a 34 hour reset. You go to line one at say 4 p.m. on a friday to start your reset, and stay there while you eat and shower and play games or whatever. THEN.... you "break" that continuous line on line 1 to show time OFF DUTY spent resting in your sleeper from say 11 p.m. to 8 a.m. THEN, you zig back up to line 1 to show that you are still off duty, but no longer sleeping, and you've gone sightseeing! So, you draw a continuous line on line 1, OFF DUTY, EXCEPT for the time you are in the sleeper which the reg CLEARLY states is STILL OFF DUTY time!

If sleeper berth time were NOT considered as OFF DUTY, then ANY time you logged in the sleeper during a 34 hour reset would VIOLATE the 34 hour OFF DUTY requirement! You ARE not, CANNOT, EVER, EVER be considered to be ON DUTY while logging time in the sleeper!

Second example: In split logging, you need two breaks that total 10 hours of OFF DUTY time. ONE of them HAS to be OFF DUTY time for a minimum of 8 hours in the sleeper, and the OTHER one HAS to be at least 2 consecutive hours which can be LOGGED on line 1 or 2 or any combination. But, that 2 hour break is considered OFF duty, REGARDLESS of where you spend it! (and so is the 8 hour break in the sleeper!)

I am absolutely SURE that I don't have to FURTHER explain this to YOU, or anyone ELSE here! You are just trying to keep me from addressing OTHER points of our discussion!

[Rev.Vassago]

Originally Posted by golfhobo

They are saying that a continuous line should be logged on line 1 to show your off duty time EXCEPT for any time spent resting in the sleeper, which you would then log a continuous line on line 2 for! Therefore, your OFF DUTY timeline can zig zag from line one to line 2 and back.

The FIRST example that comes to mind is a 34 hour reset. You go to line one at say 4 p.m. on a friday to start your reset, and stay there while you eat and shower and play games or whatever. THEN.... you "break" that continuous line on line 1 to show time OFF DUTY spent resting in your sleeper from say 11 p.m. to 8 a.m. THEN, you zig back up to line 1 to show that you are still off duty, but no longer sleeping, and you've gone sightseeing! So, you draw a continuous line on line 1, OFF DUTY, EXCEPT for the time you are in the sleeper which the reg CLEARLY states is STILL OFF DUTY time!

Yes, but we aren't talking about getting ****faced outside of the truck - we are talking about drinking inside a CMV. The regs clearly state that you are logging one of two things while inside a CMV - on duty, or sleeper berth. The only exception they have provided for this is when you are using the CMV for personal conveyance, at which point you are allowed to log off duty, but only if you are using it for personal conveyance (driving to a motel while unladen, etc.). If you are in the cab, and you aren't using the vehicle for personal conveyance, you are on duty. The regs are very clear on this. That is my whole point, which you claimed you disagreed with. I am still waiting for you to cite a regulation that supports your statement.

[golfhobo]

Twilight Flyer said:

I'll ignore most of your post because it's nothing more than reactionary blather. You're mad because I don't agree with you.

No, I don't care whether you AGREE with me or not! I DO tend to "react" to prudish postings and misinformation.

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

Are you SURE you're UP to it?? It takes LOTS of practice! :wink:

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.

Oohh..... "SEVERAL" calls a year?? Like what.... 5 or 6? That must REALLY cut into your recruiting time! And CLEARLY shows there is a widespread problem in the industry!

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.

Well..... I've DONE the math, and 5 or 6 calls out of 250 or so days, per recruiter, doesn't sound like even a DENT in the number of calls you get from job applicants... and MAY not even be a DENT in the number of calls you get saying what a GOOD job one of your drivers did!

Now.... if ANY of those calls are about a guy who is stopping by a store while ENROUTE and/or LADEN, then you might want to be concerned! IF he's in a truckstop on a 2 1/2 day layover cuz you have no freight for him, well..... I got two words for YOU! (actually, I only said that to return YOUR "attitude.") :wink:

But, the FACT is...... a few calls a YEAR doesn't come CLOSE to what it would take in "beer Nazi" personnel if you seriously wanted to be able to enforce a zero tolerance policy! How many trucks does Heartland have?

Point is, having beer in the truck is stupid. Plain and simple. And my family shares the road with you.

Do they share the TRUCKSTOP with me?? I seriously DOUBT it! But, yes they DO share the road with me. Not speaking of YOUR family, of course, but where are all the Beer Nazi's keeping drunk 4wheelers (or just STOOPID ones,) from cutting me off - when I am soberly doing my job professionally??

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.

Oh.... so, you'd RATHER that I was one of the thousands of 4wheelers who have too many each night and DON"T have a place to sleep it off? Don't THEY share the road with your family, too??

What HAPPENED to you or your family to make you believe that a grown man can't be responsible enough to know when to say when and go to sleep for MORE than the required 4 hours from bottle to throttle? Why do SOME of you think that everyone who has a drink or two is a DRUNK? Or is it just a "religious" thing?? :shock:

Get it?

Yeah.... I "GET" that you have over-reacted to a "few" calls a year.... AND to my post!

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

And maybe YOU "need" to get a clue! (and a "stickupyourbuttoscopy!") I've spent JUST as many "resets" without a beer as I have with a few! And you have NO idea.... and no RIGHT to tell me what I can do with my OFF DUTY time! :shock:

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

Naw...... it's not in your "caped crusader" nature! Face it, Batman.... you're just TOO nice a guy to post like a JERK! That's what we have BigDiesel for! :wink:

[Rev.Vassago]

Originally Posted by golfhobo

Do they share the TRUCKSTOP with me?? I seriously DOUBT it! But, yes they DO share the road with me. Not speaking of YOUR family, of course, but where are all the Beer Nazi's keeping drunk 4wheelers (or just STOOPID ones,) from cutting me off - when I am soberly doing my job professionally??

Oh.... so, you'd RATHER that I was one of the thousands of 4wheelers who have too many each night and DON"T have a place to sleep it off? Don't THEY share the road with your family, too??

So now you're deflecting by pointing the finger at non-CDL holders. The last time I checked, this was a discussion of CDL holders drinking in their trucks, not a rant about people in cars who drink.

Where are you going to try to take this discussion next in your attempt to distract everyone from the fact that the regulations don't support you?

[Rat]

The ONE thing I didn't include is the phrase "be in physical control." I have admitted that I cannot find a definition of this in the regs, and I am not TOTALLY sure what they mean. But, there ARE some regs that MAY shed some light on it. I just can't get around to posting them for having to defend myself against someone who obviously cannot READ or COMPREHEND the regs as

This is something that goes further then FMCSA. The laws are worded slightly different but it basically boils down to.

If you are under the influence and are in a motor vehical and are physically able to move it. Ie key in the ignition or pocket and can get to the controls to physically operate the vehical then you can be sited for actual physical control of a motor vehical while under the influence.

Do a little google search and you will find some good information on this.

It is up to the officer as to if they want to arrest you for it but I personally know one person, a cousin of mine that was asleep int he back seat of his car with the keys on the front seat. He got an actual physical control. Had his liscense suspended for the same period of time it would have been suspended had he been driving the vehical while under the influence.

The only real difference I can see between the comercial motor vehical and personal motor vehical is that the B/A levels are must stiffer when a comercial motor vehical is involved.

Then we have open container laws to contend with. An open container of alcohol in a vehical is against the law in many states if nto all of them. As far as I can see there is no seperation between CMVs and regular MVs.

Maybe install a perm wall between the driving area and the berth and have an outside door installed so you have to physically get out to get to it then you can get away with such things.


But as long as you can easily move from the berth to the driving area then the law is the law. No open cantainers in the berth or driving area, no hopping into the berth while being intoxicated and so on and so forth.

Did you know that in some states you can not carry an open 12 pack box in the driving area of a regular motor vehical? It must be in the trunk or in the pickup box. Heck even a 6 pack that is missing 1 beer is considered an open container in these states.

[golfhobo]

Well, actually, Rev, I was talking to Twilight. HE brought his family into a discussion about drinking in a truck which is PARKED in a truckstop while the driver is OFF DUTY! I just didn't remember ever SEEING them there!

Where I ACTUALLY was going next..... was to see if you were willing to finally admit that you were WRONG! From THERE.... perhaps we could continue with the discussion.

YOU did some "deflecting" of your OWN two posts ago, and I wanted to bring it back to what we were discussing, after FINALLY getting you on the same page about the sleeper being OFF DUTY!

But, I decided to answer Twilight's post while I was skimming the previous page.

I got a phone call while TRYING to figure out YOUR little "deflection post." and you got back before I got done!

[PhuzzyGnu]

Originally Posted by PhuzzyGnu

No alcohol in the truck cab!

And alcohol means liquor/beer/wine . . . Listerine or rubbing alcohol or NyQuil is fine.

ANY blood alcohol quantity, even .001% constitutes a DUI with a commercial license, and you career is over.

The law is 4 hours bottle-to-throttle. I say 8, and preferably 24.

-p.

I just quoted myself. Because I was the first to reply, and I was basically right.

-p.

[Rev.Vassago]

Originally Posted by golfhobo

YOU did some "deflecting" of your OWN two posts ago, and I wanted to bring it back to what we were discussing, after FINALLY getting you on the same page about the sleeper being OFF DUTY!

The sleeper berth is not logged off duty. The sleeper berth is logged sleeper berth. How many times do I have to say it?

[BigDiesel]

It certainly appears that it is very important for golfhobo to have alcohol and be able to drink it in his cab.....

This just shows the lack of professionalism he has...

I certainly do not want a so-called " Professionial Driver " like that on the same highways and roads my friends and family traverse...

[Rev.Vassago]

Originally Posted by BigDiesel

It certainly appears that it is very important for golfhobo to have alcohol and be able to drink it in his cab.....

Even if golfhobo doesn't want alcohol in his cab, he wants to twist the regs to allow others to have it in theirs, which is equally unprofessional.

[golfhobo]

Rev.Vassago said:

Originally Posted by golfhobo

They are saying that a continuous line should be logged on line 1 to show your off duty time EXCEPT for any time spent resting in the sleeper, which you would then log a continuous line on line 2 for! Therefore, your OFF DUTY timeline can zig zag from line one to line 2 and back.

The FIRST example that comes to mind is a 34 hour reset. You go to line one at say 4 p.m. on a friday to start your reset, and stay there while you eat and shower and play games or whatever. THEN.... you "break" that continuous line on line 1 to show time OFF DUTY spent resting in your sleeper from say 11 p.m. to 8 a.m. THEN, you zig back up to line 1 to show that you are still off duty, but no longer sleeping, and you've gone sightseeing! So, you draw a continuous line on line 1, OFF DUTY, EXCEPT for the time you are in the sleeper which the reg CLEARLY states is STILL OFF DUTY time!

Yes, but.....

I'm sorry.... could you say that a little LOUDER?? I don't think everyone here HEARD you admit that you were wrong!

we aren't talking about getting ****faced outside of the truck - we are talking about drinking inside a CMV. The regs clearly state that you are logging one of two things while inside a CMV - on duty, or sleeper berth.

I don't believe so. JUST like you misunderstood the OFF DUTY status of the sleeper, you have misunderstood the ON DUTY reg.

The only exception they have provided for this is when you are using the CMV for personal conveyance, at which point you are allowed to log off duty, but only if you are using it for personal conveyance (driving to a motel while unladen, etc.).

NO, that's NOT what they state, NOR the intention of the reg. The "exception" is for CARRYING alcohol in the cab of a CMV "IN OPERATION." You are allowed to log OFF DUTY, because you ARE off duty, and THIS (as opposed to being ON DUTY) is what allows you to actually be OPERATING a CMV with alcohol on board. What they DON'T want, is a laden CMV being OPERATED on the highways by a driver who is ON DUTY, with alcohol in the truck, whether he is actually drinking it or not!

You earlier pointed out this wording. Now, I'll point it back at ya! The word is CARRYING..... not "POSSESSING." I'm SURE they could have chosen the right word..... and, in fact, DID! They are not prohibiting you from POSSESSING alcohol in a truck that is NOT IN OPERATION. They are prohibiting you from CARRYING it down the road while IN operation, UNLESS you meet the exemption of being UNLADEN and OFF DUTY.

If you are in the cab, and you aren't using the vehicle for personal conveyance, you are on duty. The regs are very clear on this. That is my whole point, which you claimed you disagreed with. I am still waiting for you to cite a regulation that supports your statement.

And THIS is the other reg that you are reading incorrectly, with whatever English skills allowed you to misinterpret the OFF DUTY status of the sleeper!

What they are saying here is that if you are in the cab.... AND OPERATING the CMV, and you don't fit the exemption for being unladen and personal conveyance, and you are CARRYING alcohol down the road.... you are in violation! So, the "exemption" is for one who is OPERATING the CMV down the road, but is not ON DUTY. There is no NEED to "exempt" someone who is OFF DUTY and NOT OPERATING the CMV!

Here's the reg: 395.2 Hours of Service / Definitions

On duty time means 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. On duty time shall include:

You MIGHT note that there is NO DEFINITION in THIS part or any other of what constitutes OFF DUTY time. That is because they felt this first sentence CLEARLY defined the difference, and didn't realize so many drivers couldn't understand that OFF DUTY means, "relieved of work and all responsibilities."

(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, [read truckstop or pickle park] waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

Now, assuming you are a company driver, and are dispatched by Qualcom, WHERE do you think this waiting would be done? ON the CMV, of course, and by definition, if you are NOT WAITING to be dispatched, and have been ROD by your employer, you are NOT "ON DUTY" regardless of where your butt is sitting! They CLEARLY do not intend for you to stand outside in the rain or heat, JUST because you've been ROD, and therefore, having BEEN ROD, you are NOT considered to be ON DUTY JUST because you happen to be on their property or IN THEIR PROPERTY!

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

(3) All driving time as defined in the term driving time; It might be a good idea if you checked this one out. It SPECIFICALLY says all time at the controls of a CMV IN OPERATION!

This is self-explanatory.

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;

Clearly THIS is the phrase in question! Now... FIRST go back to the definition of ON DUTY as being any time AFTER you come on duty, and BEFORE you are ROD! Then.... note the wording of "other than driving time." The REASON for this wording is to identify which LINE you are on! IF and again I say..... IF you are "on duty" (WITHIN your 14 hour duty window) and not ROD, any time spent on the CMV that is NOT DRIVING time (line 3) or sleeper berth time (line 2) WOULD be considered ON DUTY (not driving) time.... line 4. But, you MUST, by definition of ON DUTY TIME, NOT be considered ROD for this to have relevance! NOTE that these definitions are found in the section concerning HOS and how / where to LOG THEM! [NOT the nonexistent section on Hours of ROD and how you can SPEND them!]

Then we have the exception to this, which is the one or two hour periods within your duty window wherein you are ROD by your company, and CAN log "off duty." This means you can go get a Mickey D's and EAT it in your CAB and STILL be ROD and log it as OFF DUTY! ..... as LONG as the CMV is NOT IN OPERATION, you can be ROD ...AND "at the controls" without it being considered ON DUTY!

(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

I included this one because it clearly shows that you are ON DUTY while on a shipper/consignee's property IF you are helping in the process, ATTENDING the vehicle while being processed, or in readiness to move the vehicle. Even HERE.... it is possible to be in the sleeper (and log it that way) IF you have been told "it will be a few hours.... take a nap and we'll wake you when we need you." But, in this case, you have NOT been ROD, so ALL time NOT spent in the sleeper would be line 4 (on duty not driving) but EVEN if you were at the controls, it would NOT be driving time, because it is NOT "in operation."

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

I included this one because it shows that you are STILL "on duty" within your duty tour window until the truck is fixed and you can park it and be ROD! EVEN the sleeper is not mentioned here. However..... IF you are disabled on the side of the road, and have your triangles out, and no help can be forthcoming for over 10 hours, your company COULD ROD you and you would NOT have to be on duty!

But, the OVERLYING message here is this. The definitions of ON DUTY time are contingent on you BEING "on duty!" BEING in the "duty window" BETWEEN the time you come on duty AFTER 10 hours off, and the time you go OFF DUTY and/or are ROD by your company.

The FMCSA does NOT regulate your OFF DUTY time OTHER than to specify the size of a sleeper (so that you can't claim an 8 hour sleeper break by stretching out on the seat of your DAY cab,) and makes the ONE exception to the prohibition against CARRYING alcohol in a moving truck to allow for someone who is ROD and on his way to a safe shutdown for the night.

Other than that, they make it CLEAR that you are free to pursue activities of YOUR own choosing (the closest they will EVER come to saying "have a drink,") when you are OFF DUTY, and make it perfectly clear that they do NOT regulate your choice of "resting places" when OFF DUTY unless you chose to specify sleeper berth.

SOME companies may want to stick their nose up your butt when you are OFF DUTY..... but, the government KNOWS that is unconstitutional!

Y'all do what you want! I don't care! But, I have dealt with government WORKPLACE regulations for over 30 years of my life, and I stand by my interpretations! What a specific LEO might want to do about "personal control" is up to him. But, I have NEVER seen one come into a truckstop and start ROUSTING drivers from their sleepers to see if they are drinking!

[Rev.Vassago]

Originally Posted by golfhobo

Then we have the exception to this, which is the one or two hour periods within your duty window wherein you are ROD by your company, and CAN log "off duty." This means you can go get a Mickey D's and EAT it in your CAB and STILL be ROD and log it as OFF DUTY! ..... as LONG as the CMV is NOT IN OPERATION, you can be ROD ...AND "at the controls" without it being considered ON DUTY!

No, the regulation you just quoted states specifically that any time in or upon a CMV that isn't sleeper berth time is On Duty time. Now you want to pretend that it isn't.

Why don't you stop trying to pretend that you know how to interpret the regs, because it is quite clear you don't. You are pretending you are psychic, and know what the intent was when the regs were written (which you have done in the past as well, and failed just as miserably at).

[golfhobo]

Originally Posted by Rev.Vassago

The sleeper berth is not logged off duty. The sleeper berth is logged sleeper berth. How many times do I have to say it?

Now, I'm SURE you are just joking! I never SAID it was LOGGED as "off duty" I said it was PART of being OFF DUTY. Both lines 1 and 2 are considered OFF DUTY. EVEN if you log only 4 hours in the sleeper, it is OFF DUTY as concerns your 70 rule!

BigDiesel said:

It certainly appears that it is very important for golfhobo to have alcohol and be able to drink it in his cab.....

This just shows the lack of professionalism he has...

I certainly do not want a so-called " Professionial Driver " like that on the same highways and roads my friends and family traverse...

And it is more than clear that YOU can't read, comprehend OR understand anything anyone says in English! In almost 3 years on the road, I have had beer in my truck about 3 times! The last time, I was the driver, and the vehicle was NOT IN OPERATION, and the beer was my co-driver's. I didn't LOG myself as "on duty," but I CONSIDERED myself as so! Just when we thought we'd be laid over for a SECOND night, we got a dispatch to move. We threw all the beer out! Unopened and not drank!

You have NO IDEA how "professional" I am while on the road! You probably couldn't even understand the CONCEPT of how professional I am while on the road!

You are a narcissist who thinks no other driver out here could possibly be better at this than you! You are WORSE than pathetic. I would tell you HOW much worse, but I don't want this thread locked!

I first joined this board while still in CDL school, and was immediately shocked at how many drivers didn't understand the regs, particularly where it concerned logging. I have strayed at times into political and religious discussions for the FUN of it, but my main effort has ALWAYS been on clarifying misconceptions about the regs. I consider this to be a "professional" service to my friends and fellow drivers here.

WHAT, by the way, have YOU offered? :shock:

You are a CB Rambo with a keyboard! Everyone HERE knows what you ARE and what you are ABOUT! Your lack of "professionalism" on this board is probably ONLY superceded by your lack of it on the road!

Your "friends and family" have nothing to fear from me, unless they learned to DRIVE from YOU!


The REV said:

Even if golfhobo doesn't want alcohol in his cab, he wants to twist the regs to allow others to have it in theirs, which is equally unprofessional.

I appreciate your UNDERHANDED complement, Rev! But, you are wrong (again.) I have no desire to TWIST any regs. IF you can cite ONE reg that says CDL drivers are not allowed to consume alcohol while out on the road, either in the truck or not (while OFF DUTY,) and make me BELIEVE it, I will gladly take that stand! Problem is.... it would be the SIMPLEST of all regs for them to make..... but, they HAVEN'T!!

I am AGAINST drivers driving under the influence of ANYTHING! I am against drivers driving over hours and SLEEPY. I am against drivers driving while DISTRACTED by cellphones or GPS's or laptops! I am even against drivers being distracted by loud TUNES! I am against ANY driver who does not take his job seriously and professionally!

Foremost of all, I am against drivers who are STOOPID! (and "wusses!".... can't forget them!)

But, the only thing worse that a STUPID driver, is one who is misinformed or LED by one who IS!

To ME.... THAT is the height of "unprofessionalism!" I don't believe I have ever, nor would I wish NOW to, question YOUR professionalism. I would LIKE, but have grown used to not receiving, the SAME "professional" attitude and treatment from YOU!

So.... what does that say about YOU?

Just sayin' :wink:

[HWD]

How about this:

Leave the alcohol at home.

It's that simple. The closest alcohol ever came to my cab was when it was in the trailer, being delivered to others to consume.

I guarantee you that if a cop saw it he would err on the side of hauling you in and letting you explain it to the judge. With people so anal and psyched about EVERY LITTLE DAMN THING nowadays, you are guaranteed to lose the argument AND your job.

I read a post on here not long ago about a guy who said his employer (I think it was Marten) forbid alcohol in his hotel room!

If you want to risk it, well, whatever. Me, I say...

Leave the alcohol at home.

Maybe the road will be a wee bit safer for my wife, my kids, and all of your families.