Drinking a beer

I remember reading a thread here once about a driver who was having beers in his truck and bragged about it on the CB. Somebody called the cops and he was arrested. Not a good idea.

 

These threads crack me up. If it doesn't get shut down it will turn into how it should be illegal for truckstops to sell alcohol. Just watch.

 

just be smart about it you'll never have an issue

 

I can slam 2 beers and within 4 hours, ALL the ethyl-alcohol will be metabolized and out of my system.

 

I have walked out of a liquor store with a 40oz can in a brown paper bag to my truck in view of a LEO.


Nothing happened.

 

Warning: The law in some states says if the key is in the ignition, even with the engine shut off,you can be charged with DUI. As we all know,the legal limit for a CDL holder is .04.

 

Not supposed to smoke in the workplace either & inside that truck is your workplace.

I quit drinking a few years ago, but when I did, sometimes would buy a beer and drink it in the truck while on a layover. Just made sure no one watching me leave the store with the beer; might make a detour down a row of trucks where I'm not parked; lots of whiny snitches driving trucks.

Saw one driver where I worked, sitting in his truck with binoculars. Asked him what he's doing. He said he's watching a big drug deal go down; some driver selling drugs out of his trailer. He called the cops and they came right out. What was really happening; a few drivers from the same company had food stored in a cooler in one of the drivers reefer trailers. What he saw were drivers going back and forth the the trailer getting food and cold drinks; they were on a layover together.

 

here is the thing - no beer in the truck.

I know the regs are posted already but my comments may clarify it.

[h=3]392.5: Alcohol prohibition.[/h] (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. However, this does not apply to possession of wine, beer, or distilled spirits which are:
(i) Manifested and transported as part of a shipment; or
(ii) Possessed or used by bus passengers.



Physical control means that you are not relieved of your obligation to take care of that truck. This means no taking it back to the sleeper because you may be off duty, but you are responsible for the truck.

The other thing about a 24 hour holding pattern is in this section.

(c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.
(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.
(2) No driver shall violate the terms of an out-of-service order issued under this section.
(d) Any driver who is issued an out-of-service order under this section shall:
(1) Report such issuance to his/her employer within 24 hours; and
(2) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.

 

i am amazed at all the misinformation, drama queens, end of the world if a driver has a beer. what a bunch of xxxxxxxxx. if you are following the law and not driving go for it. you want to risk drinking in your truck, i say go for it, i never had a problem with it.

you want to transport a 6 pack to your parking spot, toss it in the trailer and turn the reefer on. yes you will be breaking some trivial silly laws but hell i even drive 61 mph sometimes, outlaw trucking now.


trucking must be were all the defrocked priest have gone because bunch of them act like holier then tho saints.

also who cares if his truck is hit while parked and he has beer on his breath as long as he dose not tell the cop he was IN his truck drinking there not a thing they can do about it.

one other item and i am not going to search for it, but if you are on private property some of those rules may not apply.

 

last time i checked, when you are off duty that means you are relieved of all responsibility of the truck. if you are baby sitting the truck you must log on duty because you are working. with the only exception being explosive???? or hazmat that has to be parked in a safe haven??

i am not real sure on this, i have never had to work with it.