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Sealed bottle of alcohol in the cab?

Discussion in 'Experienced Truckers' Advice' started by tornan, Jun 3, 2011.

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mgfg Road Train Member

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Giorgio said: ↑

See above post clarification. OK ,then, call and ask specifically to your local DOT office. C'mon, I dare you. You are here now so have the time. Or ask at next scale.

I am not saying I agree with the rule; it is what it is. If someone wants to believe another interpetation, by all means, do so. I look at it like this. If I am wrong, all I have lost is the dubious benefit of carrying alcohol in the cab. If you are wrong, you could lose your right to drive.
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I'm not reading the part about going to prison, losing a CDL and never getting a CDL again.

Again more unsubstantiated truck driver drivel!

mgfg, Jun 4, 2011

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Hammer166 Crusty Information Officer

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Giorgio said: ↑

It is a Federal offense to have any alcoholic beverage in the cab, sleeper or anywhere else on vehicle except as part of a manifested load in the trailer.

The "they never search my truck" excuse is up to you. You can use the same reasoning to haul any sort of contraband you can think of. It is your ash that will go to prison if they find it. And you will likely never have a CDL again with the new CSA rules coming into effect.

The specific issue of a gift wrapped bottle of wine or alcohol was addressed by a DOT officer that spoke to our class during my initial CDL training.

It is addressed in 392.5 and states
~snip~
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Truck Stop Lawyering 101: The FMCSR are part of the civil, not criminal codes. Any questions on the difference should be directed to the nearest U.S. Marshal.

Hammer166, Jun 4, 2011

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outerspacehillbilly Thanks this.
lostNfound Road Train Member

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Hammer166 said: ↑

Truck Stop Lawyering 101: The FMCSR are part of the civil, not criminal codes. Any questions on the difference should be directed to the nearest U.S. Marshal.
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Lemme just hit speed dial...

lostNfound, Jun 4, 2011

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123456, outerspacehillbilly and Hammer166 Thank this.
Hammer166 Crusty Information Officer

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lostNfound said: ↑

I never carry a sealed bottle of alcohol in the cab... I only carry unsealed bottles.

Whoopee... here we go!
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Ah yes, the idiocy of bureaucracy. Makes you want to smile, doesn't it?

Hammer166, Jun 4, 2011

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123456 Road Train Member

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Just reenforces my statement !!!!!

123456, Jun 4, 2011

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outerspacehillbilly "Instigator of the Legend"

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123456 said: ↑

Just reenforces my statement !!!!!
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THERE'S BEEN SO MANY PLEASE ENLIGHTEN US AGAIN!

outerspacehillbilly, Jun 4, 2011

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123456 Thanks this.
Heirforce1 Medium Load Member

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I say go ahead and do whatever you like in the truck however sometimes the consequences could be greater than the risk factor just ask this guy....
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Heirforce1, Jun 4, 2011

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bellydumper Light Load Member

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After a long day of work thursday and friday afternoons I stop by the convience store in my truck(semi) and buy a 12 pack of beer. I leave it on the passenger seat. I have been stopped by a DOT OFFICER who actually climbed inside my cab to do a steering wheel play inspection and the beer was right there in his view. Not illegal!

bellydumper, Jun 4, 2011

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Hammer166 Crusty Information Officer

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bellydumper said: ↑

After a long day of work thursday and friday afternoons I stop by the convience store in my truck(semi) and buy a 12 pack of beer. I leave it on the passenger seat. I have been stopped by a DOT OFFICER who actually climbed inside my cab to do a steering wheel play inspection and the beer was right there in his view. Not illegal!
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392.5 says otherwise. Notice also that they changed it to where merely having alcohol in your possession is a 24 hour out of service.

Here's the text:

§ 392.5Alcohol 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. 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.
(b) No motor carrier shall require or permit a driver to
(1) Violate any provision of paragraph (a) of this section; or
(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.
(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.
(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Regional Director of Motor Carriers may petition the Administrator for review in accordance with 49 CFR 386.13.
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Now you could try the "personal use" line, but frankly, if I have it, they aren't going to just see it, they'll have to hunt for it! I'm not risking an argument with Barney Fife who wants to put me OOS for 24. You got lucky.

Hammer166, Jun 4, 2011

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outerspacehillbilly Thanks this.
bellydumper Light Load Member

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yep,weight and license man in Texas. 15 years on the force. I was told by him that he writes 50-60 tickets a day

bellydumper, Jun 4, 2011

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