This thread wasn't about having a beer with dinner, its about the OP hauling beer around with him.
Beer In Sleeper 392.5a
Discussion in 'Trucker Legal Advice' started by whtlinefvr, Mar 13, 2015.
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whtlinefvr and Skate-Board Thank this.
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59halfstep, jbee, joseph1135 and 2 others Thank this.
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I'm just finishing my cookies and milk, then bed time. Isn't that the way it's done?joseph1135 and truckon Thank this. -
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so its all of us who got it wrong as somehow we are under the obligation of the rules whereas OP realizes the rules don't apply to him.....joseph1135, truckon, NavigatorWife and 1 other person Thank this. -
§ 392.5: Alcohol prohibition.
(a) No driver shall
(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
(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
(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.
Sure there are state MV laws that stipulate everything from A-Z. My point was THIS was direct from the FMCSA CFR (As in "Near Beer")
1/2 of 1 % = .05% ABV = Near Beer or Non Alcoholic Beer. "Not less" means anything greater.
One other thing. I'm not condoning nor encouraging the use of any kind of alcoholic beverage in the Cab, just stating what's codified at the Federal Level as to the regulation as written.
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