Drinking out on the road.

The only safety sensitive function that you perform is driving. If you're not relieved of responsibility for the truck and load, then you're required to log on duty.

 

No, not at all; otherwise, no driver would ever be able to move a load beyond 11 hours from where it originated. Sleeper-berth is specifically excepted in the FMCSA definition of "safety-sensitive function."

§382.107 Definitions.

Safety-sensitive function means...

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of §393.76 of this subchapter);

https://www.fmcsa.dot.gov/regulations/title49/b/5/3
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And when you're off-duty, well... you're off-duty.

 

As i stated..
If you are a cmv operator and whether or not you can consume alcohol while on the road is a major concern to you then you do not belong in this industry....

 

That's your opinion, I suppose.

The fact that the OP is looking to protect his CDL by learning the regulations shows that he's conscientious and interested in remaining legal by following the rules.

Unlike yourself, who chooses to post incorrect information without taking the time to research and learn.

 

..

 

I would drink while on a 34 restart, no alcohol allowed 8 hours before going on duty. 12 hours would be better

 

Four hours, not eight hours...

§382.207 Pre-duty use.

No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.

http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.382#se49.5.382_1207
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If you took the time to do research you will see that i referred to company policies of zero tolerance for alcohol and or drugs while in possession of their equipment. These companies can and often do require a random urine test even while you are on your break or immediately following. If you have consumed alcohol during your 10 hr. break it will show up and result in your termination.
If the op was concerned about protecting his cdl then he would not be considering the use of alcohol while on the road.

 

The correct answer would have been "I need to get some rest. I'm too fatigued to get the truck to the terminal safely."

There's nothing that Swift could legally say about that.

He may have a legal case against Swift for taking adverse action against him because he refused to operate the truck in an unsafe manner. A company cannot do that.

 

This is what you said, and what I was responding to:

As stated earlier, random alcohol testing cannot be done 'at any time'. Per FMCSA rules.