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Originally Posted by Rev.Vassago
It's already been done, and the response doesn't agree with what you are stating. |
Originally Posted by mapleleaf_1
O.K. Molson I have to ask you....where are you from? With an I.D. name I have to figure ......"I am Canadian". For anyone who's not familiar with the name Molson. It's a Canadian beer. One of the best!! :D
Well like someone else said, keep it simple, just don't drink or carry in the cab and you have no worries. |
Ok I'll make this even simpler.
Can anything good come out of having alcoholic beverages in your truck??? Can anything bad come out of having alcoholic beverages in your truck???? Trucking is a business, any risk you take has to have the probability of an much greater reward. |
Curiosity killed the cat, so I called.. Steve is correct. As long as your log book is on line 1 or 2 you can legally be in the cab of your truck and be drinking a beer. And as long as you are not above .04, have not had any alcohol for 4 hrs, and have no alcohol in your truck once you go on line 3 or 4, the most they can do is put you out of service for 24 hrs, and that is ONLY if you blow more than a trace on a breathalyzer.
Also, I asked about an officer "forcing" you to go back on duty while on line 1 or 2, and if you are on private property (property not owned by the state), not in any parking infractions or violations of idleing, they can not force you to come out of your truck and go back onto line 3 or 4.. That includes forcing you to allow them complete a DOT check of any type. Because LEGALLY your CMV is not in service at that point in time.. |
Yup, I called Washington also and got the same answer. After giving me the answer they forwarded me to the legal department that would handle the case if there was ever a question and they agreed. THEN!!!! They forwarded me to the person in charge that writes the regulations for alcohol and drugs. He was not available but his secretary assured me that he would call me back and will post what he has to say.
They all did say this though. If you are on duty for 14 hours there is no way you can go to the store to buy beer or eat or fuel up or anything because you need to be in your bunk. I was given a sample. You drive for 11 hours and are on duty for a total of 12 hours. You now go off duty for 2 hours and eat and drink. Just make sure it doesn't take more than 2 hours and back in your bunk for a 10 hour rest unless you split the berth time. |
Rev.Vassago ask:
How exactly can you be off duty in a CMV? Per: http://www.fmcsa.dot.gov/rules-regul...942&guidence=Y Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded? Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home. A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest. kc0iv |
§395.8 Driver's record of duty status.
(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. |
Originally Posted by Rev.Vassago
Originally Posted by ben45750
He will give some definition of what shut down means and assume what you think shut down actually means compared to his definition of shut down. Then by that time the actual post will be so twisted it has nothing to do with consuming alcohol when your shut down.
Perhaps you should re-read my post, and then re-read it again. If you still don't get it read it again. Where did I accuse you of saying that? I just explained that you would twist it every way that you could, just so you could post "not necessarily". |
Originally Posted by Rev.Vassago
So, if you can figure out a way whereby you do not go to the controls of your CMV (this would include starting the truck to idle it, going to the restroom, getting out for any reason whatsoever), then you can have alcohol in your CMV. I would love to know, however, how you managed to get the alcohol into your CMV without being at the controls.
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Originally Posted by ben45750
Originally Posted by Rev.Vassago
So, if you can figure out a way whereby you do not go to the controls of your CMV (this would include starting the truck to idle it, going to the restroom, getting out for any reason whatsoever), then you can have alcohol in your CMV. I would love to know, however, how you managed to get the alcohol into your CMV without being at the controls.
Like I've said before, if you want to know the REAL answer, call the FMCSA like I did. Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE, Washington, DC 20590 • 1-800-832-5660 These people are there to help you just like your local state DOT people are. They are not out to GET you. I fly a small plane and the FAA is like the DOT is to trucks. If I get into trouble we do the 3 C's. CLIMB, CONFESS and COMPLY. Same thing as a truck if your in trouble. STOP, CONFESS and COMPLY. I've gotten myself into a tough spot 2 times already and called for help. They came, they helped and I was on my way. They didn't ask for my license, they didn't check out my truck and both times they thanked my for calling them instead of taking a chance. |
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