Alcohol prohibited from trucks during down time?

Discussion in 'Questions From New Drivers' started by JoeBlow, Aug 28, 2009.

  1. JoeBlow

    JoeBlow Bobtail Member

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    Feb 15, 2009
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    Just wondering if alcohol is prohibited from being in the trucks during there reset period? Was at walmart the other day and saw a trucker stroll from the local liquor store with a 15pack of bud and plop himself down in the passenger seat and enjoy a cold one. I was under the impression it was prohibited at all times from being in the truck, but I'm also not a trucker so maybe I'm way wrong.
     
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  3. truckermario

    truckermario Road Train Member

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    24 hours from your last drink is what the green book says. You're not actually prohibited from drinking if you find yourself on a vacation in your truck.
     
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  4. kickin chicken

    kickin chicken Road Train Member

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    Totally prohibited!!!

    You are not to have any alcohol in the truck period.

    Just as in an automobile.
    It would, in the least, be an open container charge.

    In SC, a CDL holder is considered legally drunk at .04 For non CDL holders it is .08

    You really cannot prove that you haven't been rolling or insure that you will not decide to roll after drinking.

    Log book entries can be forged. The burden of proof will be on the driver.

    Probable cause.
    DOT will hit you with the book as hard as they can.
     
    Last edited: Aug 28, 2009
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  5. truckermario

    truckermario Road Train Member

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    Actually, opening containers and drinking while physically in the truck is prohibited. And being caught with a container in the truck will get you big time trouble. But drinking at someplace else, like a bar, while on downtime more than 24 hours before starting the engine again is completely legal.
     
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  6. Kansas

    Kansas Road Train Member

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    aircap, Ks.
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    Yeah, that guy was putting his job directly at risk. Stricter standards for truckers, as were only allowed to blow an .04, everybody else gets .08. Lots of guys still do it, and who knows, that guy may not have had to drive for the next day or so.
     
  7. dirtyoldman

    dirtyoldman Light Load Member

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    Dec 30, 2007
    None of your business
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    If you drink at a bar, and then go to your truck to sleep, it can be illegal.

    1. If you start the truck.

    2. In some states if the key is in the ignition.

    3. In other states if you are in the vehicle and keys are in your possession.

    I am not saying I have not done this, but knowing it is illegal, I will never openly load alcohol into the truck, always as part of a larger grocery purchase, where the alcohol is in a bag, out of view of LEO's other drivers or the public.

    That being said, I dont sit on the road anymore, so I dont mix my alcohol with driving....

    I also start drinking at noon on my days off to keep the boss from the ability to call me in... :)



    K
     
  8. notarps4me

    notarps4me Road Train Member

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    I quit drinking 16 years ago. I for one don't see a problem with a guy having a cold one if he is down for 34 or longer. The problem would be if someone backed into you or your co needed you to do a swap with someone to get them home. Either one and you have problems...:biggrin_2556:
     
  9. Scuby

    Scuby Heavy Load Member

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    Yes its illegal for a truck driver to have booze in the truck. Do some drink in the truck yes, most don't. The only time I'll drink a beer or two is when I'm doing a 34 reset and in a hotel/motel room. This is the best way to avoid any problems.
     
  10. Raezzor

    Raezzor Quis custodiet ipsos custodes?

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    Columbus, OH
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    Actually, green book says 4 hours after your last drink. Here's the link to the regs for it:

    http://www.fmcsa.dot.gov/rules-regu.../fmcsrruletext.aspx?chunkKey=0901633480023841

    Incidentally, here's the link for the .04 BAC rule:

    http://www.fmcsa.dot.gov/rules-regu.../fmcsrruletext.aspx?chunkKey=090163348002383f
     
  11. Roadmedic

    Roadmedic Road Train Member

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    If you are leased to a company or a company driver, then the company policy is something you have to consider.
     
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