Another DWI big truck...

thanks fellas. i had some beers and moonshine the night before and it was still in my system. i wont ever drink on nights i have to go to work the next day. that moonshine had to be potent.

 

I just looked it up on the FMCSA website. It is illegal for a driver to be in possession of Alcohol in a CMV unless it's listed on the cargo manifest. CODE 392.5. Look it up in that little Green FMCSA Book that by Federal Law should be in your possession when your in a CMV.

 

Take a picture of it and post it, my pic of 392.5 showed nothing about when parked

 

It doesn't matter if your parked. The regulation says you can't have it in your possession unless it's listed on the manifest period. If it's anywhere in or on your truck and it's not cargo it's illegal. It doesn't matter if your parked or off duty. If you don't believe me ask someone in the Safety Department at Crete. It's not just Company Policy it's the law.

 

We weren't talking company policy @Canned Spam pointed out that alcohol in a parked truck wasn't illegal.
I thought he was wrong and went to prove it.
I can't find a proverb to prove him wrong.
Now I admit drinking in a parked motor vehicle with the key somewhere might be a DUI,
But just citing 392.5 and saying it proves your point, shows how a myth can begin.
And Crete's safety dept is full of #######, plus the man in charge looks like he's full of vodka to me. It does have an odor

 

Might be Crete's company policy. Might even be a "good idea". However, it is NOT the law.

https://www.fmcsa.dot.gov/regulations/title49/section/392.5?guidance

Question 3: Does the prohibition against carrying alcoholic beverages in §392.5apply 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.

Now keep in mind that in order to drive "off duty" for personal conveyance, you are generally restricted to the local area in search of food/lodging...and MUST be unladen (no load). If you're under a load, you cannot drive "off duty" and therefore cannot have alcohol in the truck. Drop the load, and you can run to the liquor store to pick up a 6-pack on your way to the motel and it's perfectly legal, although if your carrier has more than a handful of trucks, most likely is in violation of company policy. Just because the company has a policy doesn't mean there is a law to go along with it.

 

I don't see where it says anything about being able to carry alcohol for personal consumption in a CMV wether or not your under a load, or your just transporting it home with you. You can't sit in a CMV and drink or transport alcohol for consumption elsewhere. I totally disagree with you on your interpretation of the regulation. Lets hear what some of the Moderators of this website have to say on this subject?

 

There is no rule#3 in the FMCSA regulation book that interprets any circumstances where you can transport alcohol outside of it being listed on the cargo manifest. I don't know where you found that posted but it's wrong. If your caught you will receive a citation and put out of service for a minimum of 24 hours. You will likely have your CDL suspended for at least 1 year. You may have trouble ever finding a job driving a CMV ever again. If you are involved in a accident while carrying your personal stash of alcohol try explaining that to a Judge and Jury.

 

But some of us are talking about consuming in the sleeper while on a break and not transporting.
Transporting Unmanifested alcohol is illegal.
We want you to post a citation that alcohol in a sleeper while parked is illegal.
You cannot do it.

 

And I still don't see anything that refers to nyquill as alcohol.