Beer In Sleeper 392.5a
Discussion in 'Trucker Legal Advice' started by whtlinefvr, Mar 13, 2015.
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Get involved in a fatal accident and see what happens.
Say you're just sitting someplace taking your 10 hours off and some car comes in and plows into your truck, spills your beer all over and the cops show up, guess how bad you're going to be screwed.
When you're living space has a DOT number on the door, it's a threat to everyone.
I'm guessing all these companies that didn't tell you not to have alcohol in your truck, are probably a bunch of fly-by-night companies anyway, they're just glad to have a monkey behind the wheel...NavigatorWife and joseph1135 Thank this. -
right here from TTR
http://www.thetruckersreport.com/tr...tions/129688-case-case-beer-semi-truck-3.html
(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 possesseswine 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)
cool:, 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 drivers 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 drivers 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. -
I remember one Sunday afternoon a long time ago at a TX truckstop.....
It was one heck of a barbecue, show & shine and drunk. But When it was over everything (liquid leftovers included) went into the dumpster ...SheepDog Thanks this. -
So you are telling me that just because there is a dot # on the side of a vihicle it equals a threat?
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Had a load of cotton out of Brownsville TX.....they said they knew drugs were in the truck...
They never sealed those loads back then...
These cops were hard core in those days...they pulled everything out of my sleeper too.
Even tore my pack of smokes open looking for a joint!SheepDog Thanks this. -
With your past record, YES, next caller.truckon, joseph1135 and dog-c Thank this.
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How so Confusious?
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The reason I only drink at home once in awhile.....not a big beer fan anyway.
I like clear stuff in a mason jar! Made right here in the NC mountains....
whtlinefvr, SheepDog, windsmith and 1 other person Thank this. -
We had a oo that got inspected in PA. He opened side box to show cop triangles. Cop saw 6pack beer wrote him dui. Driver was fired and had to sale truck
NavigatorWife Thanks this.
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