Beer on the Road

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#11

10-16-2007 11:27 PM by Rev.Vassago

Quote:
Originally Posted by ben45750
He will give some definition of what shut down means and assume what you think shut down actually means compared to his definition of shut down. Then by that time the actual post will be so twisted it has nothing to do with consuming alcohol when your shut down.
Perhaps you should re-read my initial post. I never said that you couldn't drink while you were shut down.

#12

10-16-2007 11:37 PM by Molson

So can you stop at the store, pick up a six, put it in the truck, drive to the motel? or no.
#13

10-16-2007 11:51 PM by Useless

Quote:
Originally Posted by Molson
So can you stop at the store, pick up a six, put it in the truck, drive to the motel? or no.
Not unless that store has a "Help Wanted" sign in the window, and the manager of the store is willing to hire you!!

Seriously, Molsen,

If drinking beer is that important to you, you really need to consider another line of work!!

You are beginning to sound a wee bit like "Chad/Col.Toon/BrianGriffinn". If you haven't figuered it out by reading the replies that you are playing with fire, then please take this as your wake-up call and let me spell it out for you.

Every now and then, if you are shut down for the night due to weather, or if you are on your 34hr. reset, and you want to get a motel room, call a cab for a ride to the package store & back, or walk to an eatery where adult beverages are offered, providing that there is a place that you can reach safely, and you know when to say "when", then you shouldn't have a problem, as long as your company has no problem with you doing so.

On the other hand, beer drinking is so important to you, then this isn't the right career move for you.

Can you dig that??
#14

10-16-2007 11:54 PM by kc0iv

Quote:
Originally Posted by Rev.Vassago
Quote:
Originally Posted by Useless
Re: FMCSA, I thought it was more of a state by state issue. I'm no expert in this area.

Preach, Rev!!
Quote:
�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.

(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.

The interpretations clarify it a bit:

Quote:
Question 3: Does the prohibition against carrying alcoholic beverages in �392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty?

Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.
So, given the fact that the FMCSA interpretations specifically state there is a prohibition against carrying alcoholic beverages, and if you are in your CMV, there is the potential that you could go on duty at any given time. Let's say you were parked in a truck stop, drinking in your sleeper, and someone bumped into you, and you got out to investigate. You just went on duty, and are in violation. If you are even sitting in your driver's seat, you are considered on duty, and would be in violation if you had alcohol in the truck.

So, if you can figure out a way whereby you do not go to the controls of your CMV (this would include starting the truck to idle it, going to the restroom, getting out for any reason whatsoever), then you can have alcohol in your CMV. I would love to know, however, how you managed to get the alcohol into your CMV without being at the controls.
Rev.Vassago I normally agree with you but on this one I don't see it.

#1 -
Quote:
"(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 "
Notice the word is USE not have it in your PRESENCE

#2 - You ask:
Quote:
So, if you can figure out a way whereby you do not go to the controls of your CMV (this would include starting the truck to idle it, going to the restroom, getting out for any reason whatsoever), then you can have alcohol in your CMV. I would love to know, however, how you managed to get the alcohol into your CMV without being at the controls.
You can go to the restroom or get out of the truck and not go on-duty. If you are logging sleeper you can switch to off-duty and not go on-duty.

If you were concerned about being near the control you could simply get in on the right side of the truck. Or simply be in the right seat.

Another way a person can have a drink is be at a truck stop that has a bar. Or at a Casino.

I have yet to find any statement by FMCSA that says you can not have alcohol in your CMV. Only you can not consume alcohol for at least 4 hours before you go on-duty or be under the influence of alcohol.

Now should a driver consume alcohol while he/she is in a CMV? - NO Leave it for when you will not be driving for an extended period.

kc0iv
#15

10-16-2007 11:56 PM by Molson

Its not. Someone asked me about it and I told them I did not know the laws and rules so figured I would ask.

A beer is like a candy bar, dont need them, just have one once in awhile. I live a certain lifestyle now so I am just learning what my new one could potentially be like.

Thanks for all the info. as always peeps.
#16

10-16-2007 11:56 PM by Mackman

Quote:
Originally Posted by Molson
So can you stop at the store, pick up a six, put it in the truck, drive to the motel? or no.
no i dont think by the book it is ok it do that. Now on the other hand would i do that hell yes. How would you ever get caught. And on a guys 34hr restart if he wants to have a few drinks more power to him. I wqould only drink if it was in a motel. Not in a truck stop.
#17

10-17-2007 12:04 AM by VitoCorleone99

Quote:
Originally Posted by Useless
...If drinking beer is that important to you, you really need to consider another line of work!!
Damn, any suggestions for me? I've done the restaurant manager and financial advisor things, but I found that I really don't like people very much.

Seriously though, I do enjoy a beer or... well, more than one. I'm a little leery about having beer in the truck, so I'll head to a sports bar and watch some football with the locals as long as I know I have time to sleep and eat and all of the rest of it before I drive again. If there's no alcohol in my system and no alcohol in my truck, it's tough to figure out where there would be an issue.
#18

10-17-2007 12:08 AM by Molson

Quote:
Originally Posted by VitoCorleone99
Quote:
Originally Posted by Useless
...If drinking beer is that important to you, you really need to consider another line of work!!
Damn, any suggestions for me? I've done the restaurant manager and financial advisor things, but I found that I really don't like people very much.

Seriously though, I do enjoy a beer or... well, more than one. I'm a little leery about having beer in the truck, so I'll head to a sports bar and watch some football with the locals as long as I know I have time to sleep and eat and all of the rest of it before I drive again. If there's no alcohol in my system and no alcohol in my truck, it's tough to figure out where there would be an issue.
:lol: I am an adviser now and I feel the same way, which is why I am heading this direction.
#19

10-17-2007 12:13 AM by Useless

Vito:
Glad to see you weigh in here.

As fart as stopping off at a C-Store, that's a good way to attract the attention of LEO's, and if they find you toting a six pack back to your truck, then you are going to be in serious trouble.

Sports Bars??

If they'll let you park there for the night; otherwise, you'll be driving with alchohol in your system.

Why risk it?? Is drinking a beer really worth jepordizing your job, your career, or your reputation??
#20

10-17-2007 12:22 AM by Rev.Vassago

Quote:
Originally Posted by kc0iv
Rev.Vassago I normally agree with you but on this one I don't see it.

#1 -
Quote:
"(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 "
Notice the word is USE not have it in your PRESENCE
You stopped reading after (a)(1) apparently.

Quote:
(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.

Quote:
#2 - You ask:
Quote:
So, if you can figure out a way whereby you do not go to the controls of your CMV (this would include starting the truck to idle it, going to the restroom, getting out for any reason whatsoever), then you can have alcohol in your CMV. I would love to know, however, how you managed to get the alcohol into your CMV without being at the controls.
Another way a person can have a drink is be at a truck stop that has a bar. Or at a Casino.
Apparently, it is reading comprehension problem tonight on CAD. I never said you can't consume alcohol. I only said you cannot have it in a CMV.

Quote:
I have yet to find any statement by FMCSA that says you can not have alcohol in your CMV.
Question 3: Does the prohibition against carrying alcoholic beverages in �392.5

Which part of "prohibition against carrying alcoholic beverages" is hard to understand?

Quote:
Originally Posted by Mackman
Now on the other hand would i do that hell yes. How would you ever get caught.
When you get stopped by DOT, and they do a cab search.

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