Alcohol and OTR

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  #171  
Old 12-04-2008, 02:26 PM
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Originally Posted by golfhobo
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.....
 
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Last edited by belpre122; 12-04-2008 at 02:28 PM.
  #172  
Old 12-05-2008, 01:34 PM
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I'm never wrong, so it is a non-issue for me.:lol:

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.
 
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  #173  
Old 12-05-2008, 05:34 PM
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Originally Posted by 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?
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
 
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  #174  
Old 12-05-2008, 06:44 PM
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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.
 
  #175  
Old 12-05-2008, 07:13 PM
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resting <> sleeping
 
  #176  
Old 12-07-2008, 11:09 AM
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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.]
 
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Last edited by golfhobo; 12-07-2008 at 11:27 AM.
  #177  
Old 12-07-2008, 12:08 PM
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Originally Posted by golfhobo
wanderingson said:



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

Had, as in past tense,..... I'm impressed
 
  #178  
Old 12-07-2008, 12:23 PM
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Originally Posted by golfhobo


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.
 
  #179  
Old 12-07-2008, 12:27 PM
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And no where in the Regs. does it say you can "Drink Alcohol" in a CMV.
 
  #180  
Old 12-07-2008, 12:47 PM
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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.)
 

Last edited by fdmax; 12-07-2008 at 12:48 PM. Reason: in to is

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