Alcohol and OTR

[golfhobo]

Rev.Vassago said:

I find the direction this thread is heading to be extremely hilarious. I'm curious to see if it develops into what I anticipate it will.

I think it just DID, Rev. Apparently, BEL cannot understand English any better than you. I clearly explained what I meant, and yet he fails to understand. (and throws in the word nebulous, which applies ONLY to HIS post...and you find that funny.)

Furthermore, in violation of our "treaty" he has resumed his siglines and enhanced them. So, why should I uphold my end of the bargain that was not DUE until tomorrow night?

I deleted the rest of my post. But, I'm sure y'all would agree (had you seen it) that it was.... what was the word Bel used....oh yeah,..... a "doozy!"

[Rev.Vassago]

I think it just DID, Rev.

Not even close.

[got mud?]

Not even close.

hey rev you and hobo really can't agree on anything can you? you guys are kinda like the grumpy old men.

[golfhobo]

hey rev you and hobo really can't agree on anything can you? you guys are kinda like the grumpy old men.

I'm the good looking one!

[golfhobo]

Not even close.

Well.... I didn't finish my post, Rev. If I had, it may have taken the turn you were expecting.... or at least, the one I think you were expecting.

And, it still might.

[Rev.Vassago]

hey rev you and hobo really can't agree on anything can you? you guys are kinda like the grumpy old men.

Exactly. I'm grumpy, and he's the old man.

[golfhobo]

Exactly. I'm grumpy, and he's the old man.

That's right! You're Walter Matthau.... and I married that hot redheaded chic! What was her name again? Dang this "oldtimers" disease!

[belpre122]

That's right! You're Walter Matthau.... and I married that hot redheaded chic! What was her name again? Dang this "oldtimers" disease!

Ann Margaret

and.........I'm Eddy Haskell

[Rat]

Ok, now we have pages and pages of replies. Do most of these replies pertain to having alcohol in a CMV?

Can a driver legally get back into a parked CMV sleeperberth while being intoxicated? Can a driver sit in his/her sleeper berth and have a few cold ones while parked for the night?

Correct me if I am wrong but the way I understand the laws, You can not get into a motorvehicle of any type with keys in hand while you are intoxicated unless there is a nonintoxicated driver at the controls.

Then comes to mind the intoxication limits being far more strict (lower blood to alcohol level) then a regular non CMV.

I quess what I am asking is can Billybob supertrucker park his truck for the evening, go into the local pub and watch the big race while excercising his arms 12 oz at a time for the evening and stumble back out to his rig, hit the key to let it idle while he rests and be legal.

What about the next morning when his eyes are still blurry and his head is pounding which is a sign of still being intoxicated?

[Rev.Vassago]

Golfhobo? This question is right up your alley.

[belpre122]

Well.... I didn't finish my post, Rev. If I had, it may have taken the turn you were expecting.... or at least, the one I think you were expecting.

And, it still might.

Blah blah blah blowhard. See below....................

Please be sure not to finish it. No need to endanger further prospective drivers/viewers with your reckless clownery.....

[LightsChromeHorsepower]

I'm never wrong, so it is a non-issue for me.

And you think sliding your 5th wheel will take weight off your trailer tandems.

I think you're Kevin with a few years under his belt.

[wanderingson]

Ok, now we have pages and pages of replies. Do most of these replies pertain to having alcohol in a CMV?

Can a driver legally get back into a parked CMV sleeperberth while being intoxicated? Can a driver sit in his/her sleeper berth and have a few cold ones while parked for the night?

Correct me if I am wrong but the way I understand the laws, You can not get into a motorvehicle of any type with keys in hand while you are intoxicated unless there is a nonintoxicated driver at the controls.

Then comes to mind the intoxication limits being far more strict (lower blood to alcohol level) then a regular non CMV.

I quess what I am asking is can Billybob supertrucker park his truck for the evening, go into the local pub and watch the big race while excercising his arms 12 oz at a time for the evening and stumble back out to his rig, hit the key to let it idle while he rests and be legal.

What about the next morning when his eyes are still blurry and his head is pounding which is a sign of still being intoxicated?

Yes, Billybob supertrucker would be legal to do so, as long as he is on line 1 or 2.

It is illegal to POSSESS alcohol in a CMV, anytime. Except of course if you are a beer and liquor delivery driver.

Well, the next morning is up to all of us drivers as to whether or not we are sober enough to drive safely. LOL

[fdmax]

the way i understand it,

you can't drink and sleep at the same time.

if Billybob gets put back on duty and Billybob is drunk,

he's toast if there's any situation that bring's the LEO.

does'nt make any sense why Billybob would

risk his license/career.

anything could happen, at any time.

Respect Yourself Billybob and be Professional, Be Safe.

Don't be stumbling to your truck, drunk.

[allan5oh]

resting <> sleeping

[golfhobo]

wanderingson said:

Yes, Billybob supertrucker would be legal to do so, as long as he is on line 1 or 2.

I would LOVE to believe that YOU, who have been wandering for so long and just recently came back to admonish me for "bickering," were the absolute LEGAL REFERENCE and answer to this question. But, somehow, I don't believe you are. You are taking a stance similar to the one I have had, ..... yet I don't see YOUR quote in Bel's sigline yet. But, be not afraid. I doubt you will suffer the attacks that I have over your "opinion" or interpretation. That is something that is ONLY supposed to happen to Hobo.

It is illegal to POSSESS alcohol in a CMV, anytime. Except of course if you are a beer and liquor delivery driver.

Interesting interpretation, but you will not find the word POSSESS in the regs. The word they use is "CARRY" and that implies a moving vehicle IN OPERATION. [In fact, the only "exception" to this rule specifically refers to CARRYING alcohol in a moving (unladen) CMV enroute to a destination by a company driver who is ROD, or used as a personal conveyance by an owner operator at ANY time that he is not laden and is OFF DUTY.] Hmm... so I guess that dispels the theory that ANY time spent on or in a CMV is considered ON Duty. According to the regs, an O/O can DRIVE his (by definition) CMV at any time he wants when he is not ON DUTY or "laden," and carry alcohol if he wants, and NOT bust his reset. The regs ALSO say that they make no distinction between an O/O and a company driver.

Well, the next morning is up to all of us drivers as to whether or not we are sober enough to drive safely. LOL

That is correct, in theory. In FACT, we must not have MORE than .02 to keep from possibly being put OOS, or .04 or more to make us DUI in a CMV. We must also not have imbibed within 4 hours of going "on duty" and cannot "carry" any alcohol with us while in operation. Those are the regs. Those are the ONLY fmcsa regs.

There MIGHT be state laws that are more strict, but I know of very few, if any (although there IS a law against operating a CMV after "consuming" alcohol, but they must prove it.)

I agree that, as mature and professional men and women, we should be conscious of, and responsible for, our actions while employed in this occupation. The FMCSA expects this of us.

However, they also admit and acknowledge that alcohol is a legal substance and our off duty/free time is our own. They have carefully worded their regulations with that in mind while STILL making regulations that, in their own words, ensure the safety of the motoring public... while protecting the rights of drivers. [note: there is no concern for the motoring public as concerns a truck that is parked for the night in a truckstop.]

They ALSO made it clear that companies MAY make policies that are more stringent, and I have found some that did. I also noted that those companies DID SO because the fmcsa regs did NOT go as far as they wanted to go. [and probably have beer Nazi's out there watching their drivers.]

[fdmax]

wanderingson said:



taking a stance similar to the one I have had, .....

Had, as in past tense,..... I'm impressed

[fdmax]

In FACT, we must not have MORE than .02 to keep from possibly being put OOS, or .04 or more to make us DUI in a CMV.

Exactly.

[fdmax]

And no where in the Regs. does it say you can "Drink Alcohol" in a CMV.

[fdmax]

STATE LAWS will take immediate action:

Possession of Alcohol in a Commercial Vehicle -- Possession of an unopened or open container of alcohol in a commercial motor vehicle is an infraction. (This does not apply to excursion passenger vehicles, for-hire passenger vehicles, or motor homes if the alcohol beverage is in the possession of a passenger or is in the passenger area.)