Beer In Sleeper 392.5a

Discussion in 'Trucker Legal Advice' started by whtlinefvr, Mar 13, 2015.

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  1. truckon

    truckon Swamp Thing

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    This thread wasn't about having a beer with dinner, its about the OP hauling beer around with him.
     
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  3. JohnBoy

    JohnBoy Road Train Member

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    Really? What about the part of a previous DUI? Dude, say what you will, I don't need to share the road in a CMV with someone that can't figure out the place for a six pack.
     
  4. dogtrucker

    dogtrucker Road Train Member

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    The proper place for a six-pack is in my belly!
     
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  5. whtlinefvr

    whtlinefvr Light Load Member

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    ok then. Get off the road if you cant share the road with me because I have a six pack that is unopened in my sleeper. Then I guess the rest of us shouldnt share the road with anyone who has mouthwash in their toilet bag. Cmon....really.
     
  6. joseph1135

    joseph1135 Papa Murphy

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    You'll never learn. Enjoy unemployment.
     
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  7. JohnBoy

    JohnBoy Road Train Member

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    Come on really? Dude, you and people like you are a train wreck looking for a place to happen. I'm done with you, you have all the answers, I just hope one day down the road it doesn't blow up in your face, and if it does, I hope my family is no where near you.
     
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  8. JohnBoy

    JohnBoy Road Train Member

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    People like this seem to want to blame everyone else. Maybe he should take a long hard look in the mirror.

    I'm just finishing my cookies and milk, then bed time. Isn't that the way it's done?
     
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  9. joseph1135

    joseph1135 Papa Murphy

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    I'm done with it. You can't tell him or the people who think like him anything. Soon enough he will be back to flipping burgers at some local fast food joint watching us drive right on by.
     
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  10. Lowa3468

    Lowa3468 Heavy Load Member

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    nah that isn't it....he just feels that the rules and regulations are just so overated and overinflated that they were not written for him to follow......and that the rules are just merely a suggestion on how one needs to do the job out here.

    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.....
     
  11. jbee

    jbee Medium Load Member

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    Yes, you can. Read the reg.

    § 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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