The case of a case of beer in the Semi Truck

Don't you guys ever read the FMCSR regulations'?

You cannot; HAVE beer or wine, or whiskey, or pot, or crack, or any illegal drugs. You can't have it on your truck. You can't carry it to the next town, the next state, etc. You can't put it in the back end and call it on the manifest,,nope,,,more B.S. Read the Rule.
I see it doesn't say anything about buyin' a beer at a truck stop, when you are on your 10 hour,,,I mean 12 hour,,I mean 13 hr break, and sittin' inside and sippin' one. I don't think I'd recommend this. So I'm not.
You probably shouldn't tell your company you drink beer, while on break. I don't think they will like it. And guess what happens when you leave an empty inside and you take off and go the next day, and if you have a wreck. Wow. Don't think for a minute it ain't happened,,,because it has. And the driver is up for Penitentiary time.

or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicl
or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicl
or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicl


§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 distill



(a)(3) Be on duty or operate a commercial motor vehicle while the driver possesses
(a)(3) Be on duty or operate a commercial motor vehicle while the driver possesses
(a)(3) Be on duty or operate a commercial motor vehicle while the driver possesses '
(a)(3) Be on duty or operate a commercial motor vehicle while the driver possesses




General

§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.
(b) No motor carrier shall require or permit a driver to—
(b)(1) Violate any provision of paragraph (a) of this section; or
(b)(2) Be on duty or operate a commercial motor vehicle if, by the driver’s general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding 4 hours.
(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.
(c)(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.
(c)(2) No driver shall violate the terms of an out-of-service order issued under this section.
(d) Any driver who is issued an out-of-service order under this section shall:
(d)(1) Report such issuance to his/her employer within 24 hours; and
(d)(2) Report such issuance to a State official, designated by the State which issued his/her driver’s license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.
(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Division Administrator or State Director may petition the Administrator for review in accordance with 49 CFR 386.13.
[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15,

 

Went in a store Sunday night to get a few things and the guy behind me in line was buying 3 of the tall cans of beer and you could smell the alcohol (and body oder) without even trying. When I got in the car I noticed a very nice Pete sitting in the parking lot. The guy from inside walks out and gets in the truck had one of his tall cans open before he did the door to the truck. All I could think was what an idiot!! So I called one of my leo friends and gave him the information from the truck. He called me back about an hour and a half or two hours later and told me the guy blew a .18. People can call it snitching or ratting if they want my other half and my 10 month daughter were out on the roads here in town finishing up the Christmas shopping and the way I look at it I may have saved them or somebody else a very bad night.

 

Everyone is entitled to their own opinions. Like I said I don't even drink. Maybe I trust humanity too much. As you get older and more laws get thrown at you. It makes you wonder what was wrong with yesterday. Life was good my whole life and we had half the laws when I was younger. Thirty years from now there will be twice the laws. One day we'll wake up and there won't be a democracy anymore from all the rule making. Telling us you have to have sheets, pajama's and can't drink one beer is stepping across the line. Drink in your truck is illegal, drink behind your truck is legal. I don't see a difference.

 

You assume just because there is tires under it he's going to drive. The fact is he was shut down for 10 hours or more. You just prevented a guy from going to sleep is all you done. Now he doesn't have a job because you assumed. I'm sure your Christmas will be much better than his.

 

You nailed it. I want that etched on my gravestone.

20 years ago, I trusted government represenatives and the police to serve my common man interests. You know, back in the day when government looked out for the good and well being of it's tax paying citizens, and when the primary purpose of the local police was to protect and serve.


Sadly, one tenth of an ounce of todays laws will superceed 50 pounds of common sense.

 

Condo,

Sounds like the guy had to have been driving. We don't lock someone up who is sitting in the truck stop, PARKED. At least I have never. My guess, and again it's only a guess, the fella pulled away and was located DRIVING the truck. I don't neccessarily have a problem with a guy cracking one in the truck stop, on his 10 hr break. But as another poster put it, how many have pulled off with the empties on the floor, 5 full ones left out of a 12 pack, or as this person posted, jumped in the truck and rolled on. I'm with you, we don't need more laws, just enforce what we have. This alcohol prohibition is not NEW, it's been around a long time. But as technology changes, the laws have to be re-worded. Look at cell phone use. I for one can drive, chew bubble gum and talk on my phone and have no issues. However, a lot of folks can not. I see that everyday as most of you do to. Then you got the guy riding beside you reading a book as he is DRIVING. WTF? Texting why he is DRIVING. I don't care how good you are I have yet to see a person texting that is not distracted in one way or the other. So I understand why laws have to change or be modified. The reason, the jackarse attorney's. They find a loophole or wording of a law and twist it to get someone out of something, so the majority of the time, it is to clean up an existing law.

 

REALLY???????

 

We really need laws about reading while driving, I almost got hit on my motorcycle this spring, a VERY CLOSE CALL!!! thanks to a girl reading a hair styling magazine & running a stop sign.

I see people reading books, magazines, & newspaper all the time & I am not a driver yet, but I see it all the time around where I live, & can only imagine how many people do that all over the USA.

my friend has been in a couple minor fender benders thanks to cell phones, which were idiots & not his fault, & he has asked me to make him a tube style front bumper like police use, or off road 4X4 use,or dukes of hazzard, so it will protect his front, including radiator, fenders, & lights, I think it will look cool, but interesting to see a rig with a serious push pumper instead of a texas bumper.

Randy

 

Wrong! I didn't assume I was watching him pull back out onto 24 in Illinois.

And yes my Christmas will most likely be better than his!

 

We DON'T need more laws...they are already in place! It's referred to as "Distracted Driving".

More laws won't make things better. Enforcement of current laws and drivers pulling their collective heads out of their butts will!