Your attention is directed to FMCSR 392.5 (a)(3). Be governed accordingly.
In other words, "no". However if you want to put your CDL and livelihood in jeopardy for six beers, go for it, driver....
Transporting beer from another state.
Discussion in 'Questions From New Drivers' started by Robert Davis (Snake), Jul 10, 2017.
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here ya go...........
§ 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, or 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; -
Now if you go about it like Red Rover said, write up a BOL with the driver as the shipper and the friend as consignee, is the driver legally able to "accept" the shipment if he's a company driver not operating under his own authority? And for the sake of argument, we'll assume he has the alcohol permit for the state he's running in his permit book.
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I think you might have a tough time convincing the DOT that a 6 pack was the entire shipment.
That said, look, the day they search your sleeper was your last day anyway.......jus sayinredoctober83, Grubby, austinmike and 1 other person Thank this. -
homeskillet Thanks this.
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If you are caught violating 392.5 by a DOT/MCSAP/CVSA enforcement officer you WILL be placed out of service for 24 hours. Most likely there will be a ticket as part of the violation. I have looked at part 383.51 and I do not see any direct loss of a CDL required by the rule. However only an official DOT/MCSAP/CVSA enforcement officer can place you out of service. When that North American Standard Inspection form is issued your company safety dept gets involved. I would hate to be (splaning) this one to safety!
homeskillet Thanks this. -
Qty: 6
Unit:CN
Proper shipping name: Beer, N.O.S.
FREIGHT PREPAID
F.O.B. SHIPPER
INSTRUCTIONS: DELIVERIES ACCEPTED 24/7
CURBSIDE TANK STEP DELIVERY PREFERRED......
......(or something like that) -
Dont ask dont tell.
Diesel Dave and Sublime Thank this. -
Normally I would say to it's illegal, post the regs and go on to say I would still do it as the chance of getting caught is next to nothing.
That being said, if someone sees you buying beer and walking to your truck, you will get the police called on you from that "concerned citizen" that doesn't want yet another evil, drunk truck driver on the road...
Is your job worth that the risk? Even if you hate your job, is the alcohol related OOS and ticket worth it on your CDL? -
It is NOT worth taking a chance of getting caught, possibly resulting in losing your CDL, losing your job, along with getting into a whole lot of trouble with the law.
God bless every American and their families! God bless the U.S.A.!
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