Quote:
Originally Posted by perchmouth
I recently got my CDL-A and I'm probably going to start up with Roehl shortly and the wife and I were discussing OTR minutae over dinner this evening.
When the subject of kicking back after a day of driving came up, I told her that what I learned in school is that drinking of any sort is a no-no with OTR. You aren't going to enjoy a beer with dinner or knock back a six-pack while watching a DVD in your cab. Hell, having a small bottle of Listerine in your toiletry bag is a violation.
She was rather suprised by all this, (especially that last one about the mouthwash). I'm correct, aren't I? I didn't dream this up, did I?
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No, you are not correct. Neither was your teacher, and neither are any of the other responses (totally.)
The "key" as someone mentioned.... is whether or not the CMV is "in operation." Idling while parked in a truckstop is NOT considered to be "in operation."
IF in operation.... anything less than .02 is not "actionable," as they consider this to be outside the "margin of error" of the testing equipment.
.02 UP to .04 will get you put "out of service" for
24 hours as a precautionary measure, but NO charges!
.04 and OVER will get you a DUI in a commercial vehicle and you will be out of trucking for a good while!
Having alcohol in your truck WHILE OFF DUTY, is not a violation! So, kick back with a SIX in the cooler and watch your movies. But, you DO need to make sure there are no full OR empties in your truck ONCE you get underway (it makes no difference WHOSE it is.... the DRIVER will be charged).... AND there IS a reg that says 4 hours from bottle to throttle.
IF you are off duty, and want to go next door to Ruby Tuesday's and have a beer or two with your steak, ENJOY!!! Just remember the 4 hour rule AND the BAC percentages I gave you!
It seems that "technically" the mouthwash IS a problem (as is nyquill,) but, I doubt SERIOUSLY that any DOT officer will cite you for them as long as you don't blow over the limits I mentioned!
Also.... as long as your CMV is not "IN operation," i.e: you are on your 10 hour break, sitting behind the wheel with the engine idling or the keys in the ignition is NOT a violation, as you are NOT considered to be "driving." And NO "alcohol related" charges can be filed. I don't recommend this, though! If the truck is idling, and you are OFF DUTY, and want to have a few beers..... do it in the sleeper!
The basic rule is NO alcohol, that is NOT on the manifest, is allowed on a CMV WHILE IN OPERATION! The CMV CANNOT be considered "in operation" if the driver is OFF DUTY and the truck is parked! Period!
However, this would be a good place to discuss the "private conveyance" rule. You CANNOT stop by and pick up some beer before you shut down for the night WHILE YOU ARE LADEN (under a load.) But, you CAN drop the trailer if it is loaded, and drive somewhere to purchase beer, as long as you don't drink it before you get back to your truckstop or wherever. And.... IF you are NOT under a load, you can drag your EMPTY trailer behind you, IF you want to, to go to Walmart OR the liquor store! But, I wouldn't suggest THAT either, and you better be close to where you are shutting down (and have NO preplan or dispatch on file for you.)
The regs ARE very specific about the alcohol content of things like nyquil and mouthwash..... but, I wouldn't worry TOO much about it. Unless you have a wreck and KILL someone..... you will NEVER be searched to THAT level! But, to be safe...... brush your teeth and get your rest without the use of alchohol based products! They CAN and HAVE been "abused" by people trying to skirt the rules.... and that is the reason FOR the rules!
Hobo