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10-17-2007 07:03 AM

Quote:

Originally Posted by Rev.Vassago
Quote:

Originally Posted by SteveBooth
When I had my compliance review by the local DOT he covered drinking.

Would that be the same DOT that was giving you incorrect information before, or a different one? :lol:

The regs are pretty clear. There is a prohibition against carrying alcoholic beverages in a CMV unless they are part of a manifested shipment.

That's only transporting you nimrod, not when your parked.

Joethemechanic 10-17-2007 10:51 AM

Quote:

Originally Posted by SteveBooth
When I had my compliance review by the local DOT he covered drinking. There was no mistake on what he said. I can park at a truckstop, go inside and buy a case of beer or whatever and drink it in my truck. In the morning I better not leave until I'm straight and all the cans in the trash outside the truck. There is no state to state rule on the above. It's the same for every state. Drink in your truck and blow 0 in the morning.

If you drink a case of beer you're not going to blow a zero in the morning. And if you even smell like beer or you spill a little bit in the truck and they smell it,,,,,well you might think you are legal, but they are going to find something to write you a ticket for. Believe me they won't stop looking until they find something.

Is it really worth the risk? Your license is your livelihood.


By the way,
Drinking alone is one of the signs that you might just have a drinking problem.

10-17-2007 11:00 AM

The point is, you can drink when off duty at a truckstop, PERIOD. We are not discussing all the other issues associated with it like being drunk in the morning. He asked if you could drink in your truck while off duty at a truck stop and, yes, you can.

He didn't ask if the company he works for will allow it.

He didn't ask if he could transport it.

He didn't ask if he could be drunk after drinking it.

A simple phone call to the DOT will give you the real answer you seek or, you can take the word of people who really don't know.

GMAN 10-17-2007 11:38 AM

If you want to drink stay home. I know some owner operators and drivers who drink at home, but will not even entertain the idea while on the road. You take a huge risk of losing your livelihood if you are drinking in your truck. I have seen others do it, but if something happens you are at risk of losing your job and career. If you are taking a few days off on the road and staying in a motel, you could probably get away with having a few drinks. Personally, I would not take the risk.

kc0iv 10-17-2007 12:14 PM

Quote:

Originally Posted by Rev.Vassago
You stopped reading after (a)(1) apparently.

Quote:

(a)(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code.

OK REV You are wrong. I did read (a)(3) and it appears you didn't.

(a)(1)
Be on duty OR operate a commercial motor vehicle while the driver possesses .....

There are two conditions in this sentence. The first is Be on duty. The second is operate a commercial motor vehicle.

If neither of these conditions are meet you can have alcohol in your truck.

kc0iv

Rockjockey 10-17-2007 01:17 PM

If you feel safe drinking in a truckstop, have at it. In Illinois, you can get a dui in your car as long as the keys are in your possession, weather or not the vehicle is running, or if you are in the back seat. Not a risk I would be willing to take with my CDL.

Like I said before, if you are that desperate for a drink, the best bet is to get a hotel room.

10-17-2007 01:38 PM

Quote:

Originally Posted by Rockjockey
In Illinois, you can get a dui in your car as long as the keys are in your possession, weather or not the vehicle is running, or if you are in the back seat. Not a risk I would be willing to take with my CDL.

Same rules DO NOT apply to a commercial truck driver in a truck stop off duty. Call the DOT. I've talked to them personally about this.

This is not a debate about morality or personal views. Can you drink in your truck off duty, yes. Call your DOT and put the question to rest, it's simple.

Rev.Vassago 10-17-2007 01:58 PM

Quote:

Originally Posted by SteveBooth
Same rules DO NOT apply to a commercial truck driver in a truck stop off duty. Call the DOT. I've talked to them personally about this.

How exactly can you be off duty in a CMV?

Quote:

Call your DOT and put the question to rest, it's simple.
It's already been done, and the response doesn't agree with what you are stating.

Joethemechanic 10-17-2007 03:54 PM

I can just see one of these guys playing truck stop lawyer with a couple of beers in them.

I never worried about any of the fine print because I keep it simple.

No booze in the truck.

So easy that way, nothing is open to interpretation, no arguments with the cops or DOT, no problems at all concerning alcohol. I have enough other problems to deal with running a business and having to drive a truck.

Something a lot of you guys just don't seem to understand, Even if the cop gives you a ticket, or arrests you, or tows and impounds the truck, AND THAT COP IS DEAD WRONG you are still out the lawyers fees, the towing and storage costs, and all the money you will lose because you are spending your time fighting it instead of working.

Don't even kid yourselves into thinking that the judge will just wave his gavel like a magic wand and make everything better. Even if you win you lose.

And if you are an O/O something like that can ruin you. While you are busy fighting the law, your customers are going to call someone else

10-17-2007 04:14 PM

Quote:

Originally Posted by Rev.Vassago
Quote:

Originally Posted by SteveBooth
When I had my compliance review by the local DOT he covered drinking.

Would that be the same DOT that was giving you incorrect information before, or a different one? :lol:

The regs are pretty clear. There is a prohibition against carrying alcoholic beverages in a CMV unless they are part of a manifested shipment.

This is where your not too bright Rev. I didn't say carry or transport which is against the law. You don't read too well.


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