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- - Beer on the Road (https://www.classadrivers.com/forum/new-truck-drivers-get-help-here/30237-beer-road.html)

Quote:

Originally Posted by coalregion

After reading through this thread I've come to the conclusion that I need a beer... :lol:

YEAH BUDDY!!!

Quote:

Originally Posted by SteveBooth

Quote:

Originally Posted by Shawnee

What happened to all the badass outlaw truckers out there that I used to know, Hell what's the big deal, if you want to have a beer during your 10 hrs off, have one, who the hell is going to know anyway.

I can't believe there are 10 pages of posts on this subject.

YA!!! I'll drink to that, in fact, I'm having more than a few right now!!!!

UH HUH!!!!

Quote:

Originally Posted by golfhobo

Quote:

Question 3: Does the prohibition against carrying alcoholic beverages in §392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty?

Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.

NO, it specifically lists these as "EXAMPLES." By "definition" an example does not represent the WHOLE of the possibilities, but rather a small "representative" sample of the whole.

I've seen FMCSA "examples", and they are always preceded by the word "example". This guidance does not have that. They are not examples, they are a list, just like the personal conveyance provision doesn't list "examples".

[quote="Rev.Vassago"]

Quote:

Originally Posted by golfhobo

Quote:

[b]NO, it specifically lists these as "EXAMPLES." By "definition" an example does not represent the WHOLE of the possibilities, but rather a small "representative" sample of the whole.

I've seen FMCSA "examples", and they are always preceded by the word "example". This guidance does not have that.

You're KIDDING, right?? :shock:

Quote:

Guidance: No. For EXAMPLE....

What are YOU smokin??? :shock: :shock:

Quote:

Originally Posted by golfhobo

What are YOU smokin??? :shock: :shock:

Nothing. Haven't you realized I'm sh*t faced drunk in the cab of my truck in a Wal Mart parking lot? But, I'm logging it as off duty, so it's okay.

Rev Go back and read what the example refer to. Did you notice the example refers back to §392.5. So the subject is CMV.

Now look at the response to the question. It says: "For example, an owner-operator using his/her own vehicle in an off-duty status," Since fmcsa has no control of your private vehicle it has to be referring to a CMV. Second point. Why would this be talking about a private vehicle when it says owner-operator?

Now look at the second half of the comment. "ora driver using a company truck or tractor" The fact that it refers company vehicle which could be a straight truck or a tractor. Not a private vehicle.

Now add to this the fact you can drive a tractor-trailer which is unladen this guidance has to be addressing a CMV.

Now to your stand that it refers to only to "transportation to a motel, restaurant, or home," Well we can get that information from first from the question. "while off-duty"

Now off-duty is defined by 395.8 (h)(1)

Quote:

(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.

Now that we know the guidance (§392.5) is referring to off duty time we see the final part of the guidance "would normally be outside the scope of this section." You can do what you want when while you are OFF-DUTY Be it going to Walmart, the hardware store, the shoe store, or anywhere else that you want to go.

kc0iv

Thanks, KayCee.... I THINK! :lol:

I couldn't make my fingers go back to the 392.5 reg, as was being cited!

But, it was obvious to me, that we WERE talking about a CMV. Heck, what ELSE do we talk about on this board? :shock: :wink:

I won't steal any of your thunder.... it surely holds more weiight than MINE.... I just want to say what a cheerful "Christmas" theme your post had.... what with all the pretty colors and all! :lol:

If I'm not totallly mistaken, I believe we are in agreement here, despite my OBVIOUS lack of formal higher education, and truck driving experience.

But, I fear we are BOTH pizzing in the wind, as the REV has admitted he is totally "out of it." :lol: AND at a Walmart, to boot! :shock: [probably in a mall with a sports bar!]

But, it is refreshing to see that I am not the only one who understands, and comprehends, English! Especially that one who "outranks" me in the curriculum, can accept my vitae.... or more corectly..... my vita!

But.... I digress!

I now leave the "peoples'" defense in your capable hands, as I have declared I am through arguing the KNOWN with the UNKNOWING.

Quote:

Originally Posted by golfhobo

a bunch of stuff.

Explain how you can drive anywhere other than a terminal, your home, a motel, or a restaurant in the vicinity of a hotel you are staying at under the personal conveyance provision. Stop ignoring this - it won't go away.

Quote:

Originally Posted by Rev.Vassago

Quote:

Originally Posted by golfhobo

a bunch of stuff.

Rev using your logic you couldn't drive to a hotel since the rule says motel.

You also seem to skip over the phrase "while off-duty"

kc0iv

I thought anytime you moved a CMV except for having a mechanic take it for a road test even though you are using it to go home you still had to log it as drive time even when you are not under a load?
Am I mistaken by that or am I correct?