Alcohol and OTR... Part Deux!
#61
08-04-2008, 06:07 AM
Originally Posted by golfhono
Originally Posted by Rev.Vassago
Originally Posted by golfhobo
:lol: :lol:
Nice try, Rev! Are you intentionaly trying to confuse everyone by referencing the regs on transportation of MIGRANT workers?? And, no surprise.... you even interpret THAT reg incorrectly! :roll: :roll: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :roll: Maybe you can use this time to learn how to be a SAFE PROFESSIONAL in this industry, or look for another another line of work.
#62
08-04-2008, 06:34 AM
Thanks for chiming in with your usual useless rant, BigD!
And you have a nice day, too! Ya hear? :wink:
__________________
Remember... friends are few and far between. TRUCKIN' AIN'T FOR WUSSES!!! "I am willing to admit that I was wrong." The Rev.
#63
08-04-2008, 08:49 AM
Originally Posted by golfhobo
Originally Posted by Rev.Vassago
Originally Posted by golfhobo
:lol: :lol:
Nice try, Rev! Are you intentionaly trying to confuse everyone by referencing the regs on transportation of MIGRANT workers?? And, no surprise.... you even interpret THAT reg incorrectly! :roll: :roll: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :roll: Post a reg that proves me wrong.
#64
08-04-2008, 11:19 AM
Originally Posted by golfhobo
Thanks for chiming in with your usual useless rant, BigD!
And you have a nice day, too! Ya hear? :wink: Golf; Why are you dragging ME into this?? And to think..... you have given credit to "BigD" for one of MY rants?? Sad, Golf, Very, very SAD!! :x :P 
#65
08-04-2008, 11:39 AM
Originally Posted by BigDiesel
Originally Posted by golfhono
Originally Posted by Rev.Vassago
Originally Posted by golfhobo
:lol: :lol:
Nice try, Rev! Are you intentionaly trying to confuse everyone by referencing the regs on transportation of MIGRANT workers?? And, no surprise.... you even interpret THAT reg incorrectly! :roll: :roll: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :roll: Maybe you can use this time to learn how to be a SAFE PROFESSIONAL in this industry, or look for another another line of work.
#66
08-04-2008, 11:49 AM
Originally Posted by golfhobo
I am NOT suggesting that one should!
So that the next noobie who says someone like P.Gnu told him that anything over .001 is an automatic DUI, or that he can't have a beer or two with dinner while OFF DUTY or on 34 hour reset, can be adequately informed.
but continue to point out that the FMCSA regulations have set acceptable limits for the legal USE of alcohol as long as you are not OPERATING a CMV on a highway, public street or Public Vehicular Area.
I just don't see the CLEAR regulation that could easily be written that says no driver who is OFF DUTY, cannot have some level of alcohol in his system while PARKED in a truckstop, NOT on-duty, and NOT "performing safety sensitive functions." (or ABOUT to perform.. or just AFTER performing.)
But, the key word here is OPERATION, in support of their mission statement to reduce fatalities on the HIGHWAYS!
This particular "stipulation" is to allow a CMV driver of a passenger vehicle to be OPERATING his CMV without being in violation! The obvious inference is that the rest of us, per the regs, cannot OPERATE a CMV with unmanifested alcohol on board!
Originally Posted by golfhobo
I am NOT suggesting that one should!
This entire golfhobo rant reminds me of those posters who come here asking questions about using drugs, then ranting and raving that they should be legalized.
#67
08-04-2008, 12:45 PM
Rat said:
Is this true? Is it because of his misinterpretation of some of the regs?
I don't remember EVER having beer in my truck when I was solo. There were a few times my CO-driver bought some when we were laid over somewhere when I was teaming. I occaissionaly would have a few beers in the truckstop bar when laid over, or with dinner when I had about 12 hours to shutdown at night when solo. I have complied with all regulations concerning no alcohol in my system when OPERATING a CMV.
__________________
Remember... friends are few and far between. TRUCKIN' AIN'T FOR WUSSES!!! "I am willing to admit that I was wrong." The Rev.
#68
08-06-2008, 09:06 AM
Originally Posted by Rev.Vassago
Originally Posted by golfhobo
Originally Posted by Rev.Vassago
Originally Posted by golfhobo
:lol: :lol:
Nice try, Rev! Are you intentionaly trying to confuse everyone by referencing the regs on transportation of MIGRANT workers?? And, no surprise.... you even interpret THAT reg incorrectly! :roll: :roll: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :roll: Post a reg that proves me wrong. Rev - MatCat already posted a regulation that proves you wrong. The meal break stop is addressed in the interpretations of section 395.2 and NOT 398.4. Here are the requirements to take a meal stop as quoted from 395.2: Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time? Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. 2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced. 3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver's departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business. 4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated. The reg you are quoting pertains to the transportation of migrant workers It also states that meal breaks shall be scheduled in intervals of not less than 6 hours and shall be at least 30 minutes in length. That means every 6 hours there must be a meal break for the migrant workers being transported. It DOES NOT mean the break can't exceed 6 hours!!! Seriously, you are way off on quoting that regulation and as golfhobo stated, you DID NOT interpet it correctly and it doesn't even apply to a driver taking a meal break as defined in section 395.2. It deals with breaks required when transporting migrant workers.
#69
08-06-2008, 09:20 AM
Originally Posted by ANDY7317
Rev -
MatCat already posted a regulation that proves you wrong. The meal break stop is addressed in the interpretations of section 395.2 and NOT 398.4. Here are the requirements to take a meal stop as quoted from 395.2: Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time? Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. 2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced. 3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver's departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business. 4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated. The reg you are quoting pertains to the transportation of migrant workers It also states that meal breaks shall be scheduled in intervals of not less than 6 hours and shall be at least 30 minutes in length. That means every 6 hours there must be a meal break for the migrant workers being transported. It DOES NOT mean the break can't exceed 6 hours!!! Seriously, you are way off on quoting that regulation and as golfhobo stated, you DID NOT interpet it correctly and it doesn't even apply to a driver taking a meal break as defined in section 395.2. It deals with breaks required when transporting migrant workers.
Originally Posted by golfhobo
"I" have a card that says I'm Relieved of Duty for so much as a LUNCH hour! And the same statute relieves me of all responsibility during my 10 hour breaks (or 8 hours in the sleeper, if I choose to "split.")
(for the record, the two regulations are virtually identical, other than one states "no more than 6 hours", and the other doesn't, but yes - I quoted the wrong reg)
#70
08-06-2008, 12:30 PM
The Rev said:
Can you show me in there where the meal break provision applies to sleeper berth time? What he specifically stated was:
Originally Posted by golfhobo
"I" have a card that says I'm Relieved of Duty for so much as a LUNCH hour! And the same statute relieves me of all responsibility during my 10 hour breaks (or 8 hours in the sleeper, if I choose to "split.")
From the GUIDANCE for REG 392.5 Definitions:
Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time? Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. 2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced. 4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated. [Or he can be resting in the sleeper berth.] Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver's decision whether such time is recorded as off-duty? Guidance: It is the employer's choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded. [Ergo, a driver may log his rest stop in the sleeper.] Question 7: May a sleeper berth be used for a period of less than 2 hours' duration? Guidance: Yes. The sleeper berth may be used for such periods of inactivity. Periods of time of less than 2 hours spent in a sleeper berth may not be used to accumulate the 8 hours of off-duty time required by §395.3 of the FMCSRs. Question 5: Do telephone calls to or from the motor carrier that momentarily interrupt a driver's rest period constitute a change of the driver's duty status? Guidance: Telephone calls of this type do not prevent the driver from obtaining adequate rest. Therefore, the FHWA does not consider these brief telephone calls to be a break in the driver's off-duty status. Question 30: If a driver is required repeatedly to respond to satellite or similar communications received during his or her sleeper berth period, does this activity affect a driver’s duty status? Guidance: Yes. The driver cannot be required to do any work for the motor carrier during sleeper berth time. A driver who is required to access a communications system for the purpose of reading messages from the carrier, responding to certain messages (either verbally or by typing a message), or otherwise acknowledging them, is performing work. For the purpose of this guidance, “repeatedly” means a pattern or series of interruptions that prevent a driver from obtaining restorative sleep during the sleeper berth period. [Editor's Note] I did NOT bother everyone with the SAME wording that applies to a driver's OFF DUTY and ROD status while taking a 10 hour break, but I believe it was question 31.
(for the record, the two regulations are virtually identical,)
other than one states "no more than 6 hours", and the other doesn't,
but yes - I quoted the wrong reg
__________________
Remember... friends are few and far between. TRUCKIN' AIN'T FOR WUSSES!!! "I am willing to admit that I was wrong." The Rev. |
