Beer In Sleeper 392.5a

The OP just needs to become a bus or limo driver then, problem solved!

 

Yes he did, just not in this thread.

Someone who got popped for a DUI at nearly three times the legal limit is more than likely an alcoholic. Does anybody believe that was his first and only time driving drunk? So now here we are five years later and he gets popped for having beer in his sleeper. I would suggest the odds are very high he hasn't learned his lesson, as he claimed to. He might be a nice guy. He might be a good driver... sober. But put that record together and he is a risk not worth having. And statistically, the odds are extremely high he is still driving drunk.

 

Sorry for the misunderstanding driver....thought it was me...carry on.

 

Im still wondering how the op got busted. I'm also wondering why he/she won't tell us.

 

Good to go for a walk anyway. As long as you are not on duty or driving it, even off duty driving is a no no.

 

There is an exception in 392.5.

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.

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

 

It isn't a law, it is a regulation, and applies only to those regulated by the FMCSA. State open container laws, on the other hand, ARE laws, and apply to EVERY vehicle on the road in that state unless otherwise exempted by the law.

And to those making the law, hell, next time you're at a truck stop take a look around. Have you SEEN some of the "drivers" you share the roads with?

RVers make up a bigger VOTING block, just like the farmers and all of the other groups with special exemptions carved out for them in the laws and regulations. They also make more political contributions. If you don't vote, and you don't help fund their campaigns, a politician isn't going to give a darn about you or what you think. Most OTR drivers DON'T vote, and living paycheck-to-paycheck on $0.25/mile CAN'T write a check...so they have no voice because nobody cares what they think.

 

You being caught breaking the rules JUSTIFIES the rules, and gives them a REASON to push for more rules, stricter penalties, and heavier fines! They look at people like you who can't seem to do 1 simple little thing and now WE ALL need a babysitter. If you haven't figured it out by now, laws and regulations are passed for the lowest common denominator. Like it or not, you fall into that group in a lot of people's eyes. Prior DUI, now busted for booze in a CMV. YOU are why these rules exist, plain and simple. YOU don't seem to be able to exercise the proper judgment to drink responsibly, and so WE are all prohibited as a result. WE all face stepped up enforcement every time YOU screw up. WE face the backlash resulting from the bad press YOU receive as a truck driver. YOUR bad decisions reflect poorly upon the industry, and EVERYBODY in it suffers as a result.

 

This. You win the Internet today.