Congratulations. You understand the regulations. You get a gold sticker. :rock:

BigDiesel said:

I've made it CLEAR, that I don't NEED alcohol while on the road. I am not "picking apart" the regs, but trying to clarify them and explain them. And I wouldn't even be doing THAT if it weren't for so many people in the first 5 or 6 posts of that last thread who stated what they THOUGHT were facts, but were instead more like "urban legends." The first 5 posts completely contradicted each OTHER! So... how is a newbie, or the O.P. supposed to get an answer from that? :roll:

:lol: You are such a boob! It is PRECISELY the "spirit" of the law that I am trying to explain! The FMCSA has done ALL they can do to dance around the LETTER of the law, so that the SPIRIT of the law could be understood! :roll:

They have said:

Alcohol is a LEGAL substance.

We do not regulate ANY resting facility OTHER than the sleeper berth.

Driving time is any time at the controls of a CMV IN OPERATION!

On Duty time is all time OTHER than when a driver is Relieved of DUTY.

We cannot guarantee that a driver will take advantage of the off duty time to GET the restorative sleep that he needs.

NO company (unless they have provided written notification) can affect a "suspicion" test unless THEIR SUPERVISOR has witnessed a condition warranting such. (Not EVEN on the word of a consignee or shipper!)

And MANY, MANY more regs and interpretations that allow for "exceptions" and "circumstances." But not ONCE did they clearly state that alcohol use was PROHIBITED by a CMV driver who is OFF DUTY! :roll:

I can't help but WONDER WHY?? :roll:

Rat said:

For cryin' out loud, Rat! We PROVED this bullchit wrong on the LAST thread! Are you paying attention? Sleeper Berth IS considered OFF DUTY! The reg is CLEAR! :roll:

Maybe! Different states have differnt laws. But, it doesn't really matter! NO LEO is gonna go down the line of trucks in a truckstop knoking on every door to see who's drinking or not! By what we read on SOME of these posts, he MIGHT be mistaken for a Lot Lizard and someone might poor their pixx bottle out on him! :lol:

Show me ANY FMCSA reg, or EVERY state reg, that defines "physical control." I KNOW what you are saying, and it might apply to some 4wheeler in the passenger compartment. But, a sleeper berth is a different animal! Call your buddies at the FMCSA (not that I will trust their response) and ASK them if being in the sleeper WITH the keys in the ignition and the truck idling, constitutes "physical control."

Okay, so I'm on a 34 hour reset.... logged on LINE 1 of my logbook! 2,000 miles from home! NOW, what do you say? :roll:

If you are in your truck, then you are logging that 34 hour reset illegally. That's what the FMCSA has to say, that's what I have to say, and we are both correct.

According to the North Dakota State Highway Patrol.

Since the Sleeper berth is not seperated by a perm wall then you can get an actual physical control violation for being intoxicated in the sleeper of your truck.

All you have to do is be in the truck (sleeper berth) with the keys readily available and you able to get behind the controls while being intoxicated and you are in violation.

If your sleeper had a perm wall then you could be inside it intoxicated or with an open beer can.

http://www.totaldui.com/pdf/dui_stat...rth_dakota.pdf

Acording to this link the only time alcohol may be used in a vehical is by passengers in a bus or limo.

Nuff said I believe.

Well as long as he is not sleeping in his truck and is in a motel room or at a buddies/girl friends house or something then he can be logged into line 1 for 34 hours.

If he is nto staying at either of these and is in the berth then he had better be logged into line 4 unless he leaves the truck for a few hours.

http://www.court.state.nd.us/court/opinions/900142.htm

Wow all kinds of stuff on the net about Actual physical conrol


The above driver was convited for being passed out in the passenger side with his keys in his pocket.

Obviously, you don't know golfhobo. When it comes to him, there is never "nuff said", unless he has run everyone out of the conversation, or has gotten the last word in.

Yes, but since the discussion is about Alcohol inside a CMV, if he is outside the CMV, then the rules do not apply (unless he is On Duty (not driving))

If he is in the sleeper berth, he should be logged as such, on line 2.

Yea, I messed up he should be logged into Line 2 rather then 4.

Should have gotten a better lawyer..... OR...... lived in IDAHO :shock: :lol:

(5) "Actual physical control" as used in this section, shall be defined
as being in the driver's position of the motor vehicle with the motor running
or with the motor vehicle moving.

http://www3.state.id.us/cgi-bin/newi...id=180800004.K

Or in Arizona where the statute is enforceable ONLY if the person blows a .15!