Duty free alcohol in truck

Discussion in 'Canadian Truckers Forum' started by tomahawk204, Apr 26, 2011.

  1. tomahawk204

    tomahawk204 Bobtail Member

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    "It is illegal to posess, or transport alcohol in a CMV unless it is part of the manifested load."

    Im wondering why then some duty free stores offer discounts to truckers. And why is it that I have asked at least 2 CBSA officers if they would have a problem with a trucker declaring the allowable amount of alcohol that would be allowable to any other ordinary traveller, and they stated there would be no problem.

    most companies have a policy prohibiting carrying alcohol in the truck but it sounds like this law is only enforced by the D.O.T.
     
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  3. Bikerboy

    Bikerboy Light Load Member

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    I believe that is a US law, I have bought at duty free and put in trailer or underbunk and told canada customs and never had a problem.
     
  4. Lil'Devil

    Lil'Devil Heavy Load Member

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    I bought alcohol at the duty free every week for many years, never had a problem, just make sure you declare it at Canadian customs though.
     
  5. Ratfink

    Ratfink Light Load Member

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    Customs officers wont care about this, but if you hit a scale thats another story. Only thing they will check (custom) is the quantity and how long you have been gone.

    duty free will advertise but will also tell you how much a citizen is allowed to buy tax free.

    you are a citizen but carrying it in a commercial vehicule.

    cant have alcool in a commercial vehicule without a manifest.
     
  6. Bikerboy

    Bikerboy Light Load Member

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    Write up a manifest for it
     
  7. lostNfound

    lostNfound Road Train Member

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    Could you please post the section of the NSC or relevant provincial legislation that applies?
     
    not4hire Thanks this.
  8. tomahawk204

    tomahawk204 Bobtail Member

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    Another thing i've noticed is charter busses at the duty free about to cross into the U.S and everybody on the bus is stocking up on booze, including the driver. Are charter busses not considered CMV's?
    Seems like a very Grey subject.
     
  9. lostNfound

    lostNfound Road Train Member

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    Pretty much as I thought, I can find no restriction on having alcohol in a CMV in Canada. I searched the entire NSC and the Alberta Commercial Vehicle Safety Regulation and there is no mention of the transportation of alcohol. I also called the Coutts scale and the enforcemennt officer there stated that their only concern is that the regulations of the Traffic Safety Act are followed, i.e., can't be within reach of the driver, etc.

    However, he did bring up an interesting point. That scale is a joint Alberta/Montana facility and due to that fact a driver could be issued a ticket by the Montana DOT officer (I was asking about being northbound and buying alcohol at the U.S. duty-free), even though any inspection might take place in Alberta. He was aware of an instance where someone had a substantial amount of alcohol dumped out and a ticket was issued. I don't know if the issue of it being a substantial amount was significant (in practise it probably would be... but would a Montana officer really go "by the book" over a couple of bottles of wine purchased 15 feet from the border?). He stated that at any other scale it would be a non-issue, but it could be there.

    In the case of an inspection where alcohol was found, I assume the Montana officer would have to prove that it was in the vehicle in Montana in order for the charge to stick. It is a mile from the border to the scale, there is a 90 degree turn and no line-of-sight between the scale and the border. There is no way to prove the alcohol was actually in the truck unless the officer observed the driver purchasing the alcohol and placing it in the truck, observed the truck and driver (uninterrupted) from the border to the scale, or the driver confesses (NEVER admit to anything :biggrin_255: keeping my mouth shut kept me from getting a ticket in BC because the officer couldn't prove what we both knew to be true). There are a number of plausible, legal, ways I can think of whereby the alcohol could have been transported across the border and then placed in the CMV.

    Another, somewhat related, question I have had for quite some time is the legality of any ticket issued at that scale by a Montana officer (I have never had one). I may follow up with a lawyer on it. In fact, the only time I have ever been called into the scale there, I was northbound and they were going to do a level 1, but I had one in Calif. about three weeks prior so they took a quick look at my log book and sent me on my way. An Alberta officer was doing all the talking and while there was a Montana officer beside him, he never spoke nor looked at my log book.

    Of course, you may be restricted from transporting alcohol by the policies of your carrier.
     
    Last edited: Apr 27, 2011
    not4hire and tomahawk204 Thank this.
  10. mgfg

    mgfg Road Train Member

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    Mich DOT sits on ramp out of Duty Free store that goes to the Blue Water Bridge to Canada and they bust truck drivers all the time. The alcholol has to be manifested and must be in/on the trailer to be legal.
     
  11. Bikerboy

    Bikerboy Light Load Member

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    Some drivers have to make up BOL for their loads, such as livestock and other things like grains, so whats to say a driver can't make up his own BOL for some alchohol?? its an LTL shipment being shipped from the store to the drivers house!
     
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