Well that may be the case up yonder in Canada, but here in the good ole USA, things are a bit different! If you will please go to the link I am providing, down on item 4, you will find: (4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this subpart, each conviction for any offense listed in Tables 1 through 4 to this section resulting from a separate incident, whether committed in a CMV or non-CMV, must be counted.
now please note the last dozen words...particularly the ones "whether committed in a CMV or non-CMV, must be counted."
To my understanding, [key word...understanding] in the states, if you possess a CDL, the rules remain consistent with those of operating a CMV no matter what vehicle you are operating. BAC included. The fines may be different but that would be a court issue, not to mention presenting a certain "attitude" could jack up the judges "fine" considerations! (sorry about the bad pun, but I just couldn't resist!)
Here is the link to the actual FMCSA regulation: http://www.fmcsa.dot.gov/regulations/title49/section/383.51
BTW...in the link you will find the "schedule" of penalties required for CDL and/or CLP (commercial learner permit) holders.
Husband got a DUI
Discussion in 'Trucker Legal Advice' started by the girlfriend, Jun 27, 2015.
Page 6 of 10
-
born&raisedintheusa, TROOPER to TRUCKER and Big Don Thank this.
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
born&raisedintheusa, Big Don and truckon Thank this.
-
Well, if you decide to dump him I'm available. I have my own truck and most times have enough money in my wallet that you could go into McDonald's and order ANYTHING you want off the menu without asking me.
I have like 7 of those blue pills so we would be set for a year in that category.
Please reply back and check the box below
I like you ----------- X
Do you like me----born&raisedintheusa, icsheeple, truckon and 3 others Thank this. -
AND I can afford anything off McDonald's REGULAR menu, plus a milkshake! So there!born&raisedintheusa, icsheeple, flyingmusician and 1 other person Thank this. -
Darn it
born&raisedintheusa and icsheeple Thank this. -
Unless....Skateboard, you gettin' sneaky on me?
(And boy oh boy do I hope Girlfriend has a sense of humor....)born&raisedintheusa, flyingmusician and Skate-Board Thank this. -
Big money man there lolborn&raisedintheusa and truckon Thank this. -
born&raisedintheusa, icsheeple and flyingmusician Thank this.
-
From Table 1 of your link:
(1) Being under the influence of alcohol as prescribed by State law * * *Notes:
(3) Having an alcohol concentration of 0.04 or greater while operating a CMV * * *
For (1): "...as prescribed by State law." A state might have a rule linking a prescribed penalty for driving under the influence to the class of license held and not the vehicle being driven, but I have not seen one. All such rules I have seen are dependant on the vehicle being driven, therefore a driver with a CDL in a non-CMV is subject to the same prescribed penalty as a non-CDL-holder. This also applies to the rules regarding BAC levels for that particular state.
All the columns listing the prescribed penalty end with "...disqualified from operating a CMV for..." There are no prescribed penalties that affect a non-CMV.
The FMCSA Regulations do no (can not) regulate what a driver does on their personal time. They can only regulate the consequences of off-duty activities to the extent they may affect on-duty performance.Last edited: Jul 31, 2015
born&raisedintheusa Thanks this. -
Junkyarddog5958, brsims, born&raisedintheusa and 2 others Thank this.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 6 of 10