The case of a case of beer in the Semi Truck

Discussion in 'Trucking Industry Regulations' started by No1Packerfan, Dec 22, 2010.

  1. rocknroll nik

    rocknroll nik High Risk Load Member

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    Exactly and thank you barn dog for posting the fmsca rules regarding transport of said beer.

    Drivers there is alot of grey area out there on the road we all know that a friend of mine lost his Wisconsin License because he was parked at a truck stop in florida...idling in his pj's drinking a beer eating a pizza and watching tv. the store owner told the cops he had a truck driver drinking beer on the property ....he went to jail that night lost his license and now can't drive.

    IS IT WORTH THE BUZZ? not for me:biggrin_25513:
     
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  3. tech10171968

    tech10171968 Medium Load Member

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    Not sure about that one: I know, in my tractor, the space in the side box compartment can be easily accessed from inside the cab by simply lifting the top of bunk like a lid. The beer would still be easily accessible by the driver.

    Probably best to not even have it in the tractor in the first place.
     
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  4. Les2

    Les2 Road Train Member

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    Now thats just flat out BS!

    Be hard to do while driving wouldn't you think?
     
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  5. calcustom

    calcustom Light Load Member

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    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.
     
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  6. rocknroll nik

    rocknroll nik High Risk Load Member

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    Sorry Les I know the guy personally ....he drove at the same company I did not B.S.
     
  7. BarnDog

    BarnDog Light Load Member

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    And as far as any conflicts between federal, state and local regulations, the rule is that state/local rules can be more restrictive than federal, but not less. The strictest requirements apply, referred to as the "higher standard of care".
     
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  8. Les2

    Les2 Road Train Member

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    NO I mean him getting busted was BS, not the story.
     
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  9. rocknroll nik

    rocknroll nik High Risk Load Member

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    My bad bro...yeah the owner was none too happy about it either had to fly someone down to get the truck and trailer:biggrin_25513:
     
  10. dieselbear

    dieselbear Road Train Member

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    §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.
     
  11. BarnDog

    BarnDog Light Load Member

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    And I'd guess that even though the FMCSA rule doesn't apply to drivers who are off-duty, if it's not your truck, the company might have something to say about it.
     
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