Don't be. "Have had" is something like past perfect.... or something like that, I don't remember. High school was a long time ago.
This post was NOT my "mea culpa"
(It was an acknowledgment of your error)
or anything LIKE that that some are expecting.
(maby not )
I have not totally changed my position on what the REGS say.
(you did)
If I EVER "encouraged" someone to drink in his truck,
(you did)
it was not an ACTIVE proposition,
(it was)
but rather, a reaction to the questions posed at the time.
( you reacted before thinking)
If you are so easily impressed by my statement,
( no not easily, you can really strech a statment out for a really long time, with the inbetween words not meaning anything at all, it's not easy to understand you, but i seen worse)
then I thank you,
(your welcome for that)
but.... I would caution you to wait. I have MUCH more to say.
( go on i'm listening)
Did you READ the rest of my post?
(yes)
The fact is, I don't believe the fmcsa really has addressed the issue.
(belief, a man's opinion)
I prefer to believe it is an individual decision.
(not if it's an intoxicating beverage, it's against the law)
Obviously, when you look at Bel's siglines,
(i did, it does'nt say enough to stop other from still thinking it ok to have an intoxicating beverage in the truck)
there is a dichotomy to my statements,
(when you mean exactly 50% of what you say)
and I WILL straighten that out.
( that would be good, I can see there are people looking for excuses to drink in the truck, and they are hanging on your very words)
But, I have studied the regs over and over,
( do you need to take a test like a 5th grader)
and I am not convinced that it is a clear cut issue.
(yes you need that test to reaffirm what you studied)
[has anyone ELSE here spent the time I have on this subject?]
(some learn faster than others)
Some say that alcohol has NO business anywhere NEAR a CMV.
( Thats the Brewer's and distributors business, any other reason it's not business)
I believe the regs allow for the fact.... and reality.... that it does.... or WILL be.
(Not in the United States)
Obviously, that is not a popular position.
(because it won't happen..."again"... like before the Laws governing intoxicating beverages)
I am not really concerned with being popular.
(yes you are, everybody like's somebody
)
I am concerned with the proper interpretation of the regs. And yes, I believe there is a "spirit" of the regs that is missed by many who read only the words...
(there is no "spirit of reg. if they don't say you can do something, don't interpret it as you can, when all other embodiments say you can't, "The Regs are a state of being, not of sentiment".)
and especially by those who MISINTERPRET the words.
( <a href="http://www.merriam-webster.com/dictionary/embodiment">embodiment</a> )
Things got a little out of hand in this thread,
(no it's a good thread, we are adults, nobody's feeling should be hurt)
with me sometimes playing the devil's advocate to a panel of deaf and blind men.
(there are many who see and hear, even if we speak nothing, it's cause we all want to learn)
Unfortunately, there are some here who insist on holding my feet to the fire for EVERY little thing I say. (thats the way conversation is, we are all right in our own eye's, but we give alittle to keep the peace)
So be it. I will correct any wrong statements that I have made, but will stand by any interpretation that I believe is right, or at least valid and legal.
(
good for you , i believe you are a good person)
But, regardless of what I decide to say, OR what the regs might mean, the fact remains that there are hundreds, if not thousands, of truckers in truckstops every night who drink in their trucks while "off duty." The evidence is in the trash cans that are positioned throughout the lot.
(i really don't get that close to those really nasty smelling cans eeewww, and i never look in them)
And, in over 3 years on the road, I have NEVER seen an LEO come into one of those lots and "roust" anyone to see if they were drinking. Just the facts, Ma'am....
( i have seen LEO's in truck stops but i don't go over there asking whats going on)
Many on here have an "opinion" about whether a driver should leave the beer alone while on the road. I actually can "appreciate" that opinion. In 3 years on the road, I rarely took advantage of the time I had, or the proximity to a bar, to partake. At times, I was just too tired anyway. But, more importantly, I KNEW the regs concerning alcohol "use" before going on-duty, and I abided BY them.
(me too)
Expressing my opinion on the situation, or debating the rules, should NOT brand me as some kind of "drunk" OR an outlaw.
(not at all, i don't think that)
Those who would DO so are simply too lazy or disinterested to actually investigate the rules, and/or are simply "opining" based on moral indignation supported by a lack of comprehension.
(we learn where we learn, and it was from so and so saying such and such)
I HAVE no such "dog" in that fight. I am about the regs and their proper interpretation.
(how about posting a copy of the full regs pertaining to Alcohol like this:
§392.5 Alcohol prohibition.
(a) No driver shall—
(a)(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or
(a)(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(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. However, this does not apply to possession of wine, beer, or distilled spirits which are:
(a)(3)(i) Manifested and transported as part of a shipment; or
(a)(3)(ii) Possessed or used by bus passengers.
(b) No motor carrier shall require or permit a driver to—
(b)(1) Violate any provision of paragraph (a) of this section; or
(b)(2) Be on duty or operate a commercial motor vehicle if, by the driver’s general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding 4 hours.
(c) Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.
(c)(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.
(c)(2) No driver shall violate the terms of an out-of-service order issued under this section.
(d) Any driver who is issued an out-of-service order under this section shall:
(d)(1) Report such issuance to his/her employer within 24 hours; and
(d)(2) Report such issuance to a State official, designated by the State which issued his/her driver’s license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area for the Region or the Administrator.
(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the Region in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Division Administrator or State Director may petition the Administrator for review in accordance with 49 CFR 386.13.
If I got a little "cavalier" in doing so, and SUGGESTED any illegal activity to anyone, for THAT I would apologize.
(Thank You)
For my opinions or interpretations of the regs, IF and when I am convinced they were/are wrong, I will say so. But, I am still investigating. (see above)
