Profile For Sonya R.

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    8 years, 2 months ago

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Posted:  8 years, 2 months ago

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Non CDL Driver, Driving Vehicle under CDL Weight with closed Alcohol in Truck Question

We are a construction company, I am the new DOT Compliance Coordinator and learning as I go, and trying to become compliant with DOT Regulations. We do not run long haul trucks, our trucks are pickups with trailers. From my understanding you do not need a CDL Class ABCD to operate a 1 ton pickup. However, the regs say that a gross combined weight over 10001 lbs. to 26000 lbs. is considered a CMV, but then another regs states that the weight of the each vehicle has to be over 10001 lbs. I was not the one who has had the opportunity to instruct our employees on the rules, so I have not been able to make sure that they know the rules, the employees have been instruction they need to fill out a log book if they drive over 150 air miles and go through scales but NOT why. I am asking advice. I am trying to learn. Trying to read all of the FMCSA rules is confusing. In the future I will be teaching the regs to the drivers and they will know all of the rules.

There's only one documented exception for alcohol in the cab.

Runnin on LINE 5 (POV), between a place of purchase and the motel/hotel you are staying at in order to consume said alcohol.

What I don't understand in the original post - if a driver is operating a commercial vehicle (that is - a vehicle used in interstate commerce), that is required to log and go through weight stations - then the driver should have a CDL (commensurate with the class of vehicle they're operating).

Better the ticket for alcohol and the OOS - than the citation for operating a commercial vehicle without a CDL.

If he knows enough about the rules to log, and pull into weigh stations - then ignorance of alcohol regs is really not an excuse...

Rick

Posted:  8 years, 2 months ago

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Non CDL Driver, Driving Vehicle under CDL Weight with closed Alcohol in Truck Question

the box was open with closed bottles of hard cider, not open container.

I'm not so sure you're even supposed to have open booze even as a non cdl holder.

Posted:  8 years, 2 months ago

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Non CDL Driver, Driving Vehicle under CDL Weight with closed Alcohol in Truck Question

I have a 1Ton Pickup hauling a 30' Trailer, Gross combined weight was 21,000 Lbs. The Employee driving the vehicle, is not a CDL driver, but has been working out of State since the beginning of August and was traveling to another state for another job. He was carrying his personal belongings with him, including an opened box of Angry Orchard hard cider. He filled out a log book as required, pulled through a scale, and was bypassed but waved over by a DOT officer, who proceeded to do a Level 1 inspection. As he is not a CDL driver and does not know the DOT rules, when he was asked if he had alcohol he admitted it was in the cab as you could see if through the window. He was cited for possession of alcohol and put out of service for 24 hours. Is this something that can be Data Q'ed? can this be appealed as he is not a CDL driver?

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