Texas cops take trucker out of service after finding beer during inspection

Doesnt that identify as Tranny Fluid ?

 

Only if the alcohol is already in your system.

You may not possess alcohol in a CMV unless it is part of a manifested shipment, period.

 

That’s not what the regulations say.
It says if “on duty “.

 

The splitting of hairs over the exact legal distinction of can you possibly have a beer inside the truck as a CDL holder reminds me of the guy who gets asked by a cop for ID, in some cases you are not required to do so and other times it is an absolute legally allowable demand. My point is why push the issue. Why go down that path in the first place. You spent allot of time and or money to get a CDL and you make your living with it so why attempt to skirt a legal hair on if you can or cannot have alcohol in the truck. Seems like a unnecessary risk.

 

You're completely skipping over the part where it says "Alcohol can only be transported as part of a shipment."

The fact that you are off duty means that you are allowed to be under the influence of alcohol, it does not mean that you are allowed to possess alcohol inside the cab or sleeper of a CMV.

 

I give up. You do you.
If I’m “off duty” I’m not transporting anything.
And I’m not splitting hairs. The law is the law as written.
Do I drink in my truck when I’m off duty? No. I barely even drink when I’m home.
I’m just trying to help those with understanding what off duty actually means.

 

You're missing the fact FMCSA has 1. No jurisdiction over a driver when off dity. 2. FMCSA has also published guidance that says it's fine to have alcohol in the truck when off duty.

 

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? | FMCSA

§392.5 Alcohol prohibition. Guidance Q&A 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.

 

1. If that were true they wouldn't be able to regulate being under the influence of alcohol within 4 hours of coming on duty, and they also wouldn't be able to prohibit moving the truck while on line 1 (PC excepted).

2. That's true only when the truck is being used for personal reasons, such as PC to one of the specified locations. It's hard to argue personal use when you're just taking your 10 at a truck stop under a load.