Beer In The Sleeper

I have to admit this conversation is making my stomach hurt. Just the thought of having any alcohol in or around a commercial vehicle shows the worst possible judgment imaginable. I can completely understand wanting to know the specific laws governing the industry so that's why I'm willing to discuss this. But it's like discussing whether or not a sex offender can legally work at a daycare center. Whether it's legal or not seems secondary to the better judgment that's expected from people in places of great responsibility.

I have to admit this conversation is making my stomach hurt. Just the thought of having any alcohol in or around a commercial vehicle shows the worst possible judgment imaginable. I can completely understand wanting to know the specific laws governing the industry so that's why I'm willing to discuss this. But it's like discussing whether or not a sex offender can legally work at a daycare center. Whether it's legal or not seems secondary to the better judgment that's expected from people in places of great responsibility.

Personally? I drink at home, with my girlfriend (not after this past week, obviously), and her diabetic father (because it makes his pains go away).

As long as a person understands their body, drinks responsibly (a buzz; not blackout drunk), and follows all laws: I don't understand what's so bothersome. But! To each their own.

One of my last 4 co-drivers had a weed pipe in their possession. I was unaware until the week we switched. It just fell out of their clothes.

Now THAT is upsetting.

Errol, Maybe you should read my post again lol. I dont drink beer and now you have me "pushing my luck" drinking beer in my truck on my off duty time ??? Funny how people make assumptions.

OK, Doug, read MY post again:

Doug, I read Eric's post. To me Doug is asking if there's a problem having an open container ...

I'm using my cell phone & it's sometimes hard to keep things straight. My second sentence should have been:

Doug, I read Eric's post. To me Eric is asking if there's a problem having an open container ...
(not Doug)

Not an assumption, an error. Apology offered.

Pay special attention to number three. "While the driver possesses" with the only exceptions being manifested as part of the shipment or bus passengers.

From the FMCSA Regulations On Alcohol Prohibition:

§ 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, 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.

So there you have it. Federal laws banning the operating of a commercial motor vehicle while in possession of alcohol.

Some things to keep in mind.

1) Have physical control. Even though you are on a 34 hour reset, you still have PHYSICAL CONTROL by having keys to the vehicle. 2) Company policy. No matter what you think, they (the company) can & will fire you because you broke company policy (case in point I pointed out earlier). 3) The passenger may not be a company employee (or they might be), but again you are breaking company policy by having alcohol in their truck. As has been pointed out, you are not a passenger licensed carrying vehicle (bus), so that pretty well accounts for that.

So even though it is your time to do what you want on your 34 hour reset, if you are out of town (not at home or motel, etc) and doing your reset while in the truck, you lose no matter what you may want to believe.

Daniel, in your case I firmly believe you got very lucky. I however (if it was me) would not push your luck, may not turn out in your favor next time.

Again, this is just my opinion on this subject. I am not a lawyer (have never played a lawyer on TV). But humans being humans, they are going to do what they want to do. So now I will get down off my soap box.

Ernie

§ 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

Ok let's take out the stuff that does not apply because the word is "or" and not "and" to make this one section a little easier to read.

No driver shall use alcohol, as defined in 382.107 of this subchapter, or be under the influence of alcohol while having physical control of a commercial motor vehicle.

If you are in the truck and have the keys, you have physical control of that vehicle. Why can you get a DUI while you are sleeping in a car with the keys in the ignition?

It is all gonna depend on the interpretation of the DA, judge and officer as to whether or not it is legal, not a bunch of truck drivers. Either way this is not my opinion, it is my interpretation of that one sentence. In my opinion it is not worth the extra exercise pushing my luck.

Daniel, after being busted twice for the same thing is it still worth it to skirt the edge of the rules? How much did this cost you in lost time and legal fees? It sounds like this all happened to you in your personal vehicle and not a commercial vehicle.

1) Have physical control. Even though you are on a 34 hour reset, you still have PHYSICAL CONTROL by having keys to the vehicle.

That is more than likely referring to specialized CMVs; Such as a tow truck with external controls. You can physically control it, without operating (driving). It could also be in reference to having the keys in the ignition (as is the case with Texas state law). Now you are physically controlling non-operational components of a CMV while intoxicated (think: Hazard hauling tanker).

Me? Lucky? Negative. I know how to read English, and abide by laws. It's really not as complex as it sounds. Thanks for the winning vote though.

Last bit: "Physical control of" may have been put there as a blanket statement (see: Ernie's thoughts) to continue to fully enforce the police state we've been in, at all cost. Which means alcohol may be a violation 100% (entirely up to an officer's judgement).

Very similar to Texas' PI charge (now blanket statemented).

In my opinion it is not worth the extra exercise pushing my luck.

And that is the exact reason this great nation is falling apart. I assume you're one of the... Persons... Who is anti open carry or simply anti gun? Off topic, but just a hunch.

Daniel, after being busted twice for the same thing is it still worth it to skirt the edge of the rules? How much did this cost you in lost time and legal fees? It sounds like this all happened to you in your personal vehicle and not a commercial vehicle.

Excuse me? "Busted?" Excuse me? Are you attempting to imply I intentionally broke state law? Perhaps you should read up. Video cameras don't lie, and I am sure the dash cam captured the officer placing my bottle of Everclear in the back seat, then my jacket over it, and the firewood atop that.

Cost me? Well, let's see. 36mpg, approximately 10mi, fuel was a little over $2.20/gal... Hm. About $3.78 of fuel, 35min, and a beautiful trio to the park by the railroad tracks in Smithville, Texas.

I see you are illiterate enough to the point that you'd be willing to shell out large sums of money for someone else to read two paragraphs of text. I am not that frugal. Sorry.

Correct. Personal vehicle. I figured why everyone was pulling off topic: I would half-track it on with personal experience (as in: Open container of alcohol, laws, and non-CMV).

But, at least the OP has a definitive answer, and I have my free speech and self defense until your kind attempts to trample on it as well.

Daniel, that chip on your shoulder hurt much?

Daniel, that chip on your shoulder hurt much?

Hi pretend driver!! How're you today? I'm in Laredo, TX getting paid $50+ a day to relax. How about you? :)

In my opinion it is not worth the extra exercise pushing my luck.

And that is the exact reason this great nation is falling apart. I assume you're one of the... Persons... Who is anti open carry or simply anti gun? Off topic, but just a hunch.

Daniel, after being busted twice for the same thing is it still worth it to skirt the edge of the rules? How much did this cost you in lost time and legal fees? It sounds like this all happened to you in your personal vehicle and not a commercial vehicle.

Excuse me? "Busted?" Excuse me? Are you attempting to imply I intentionally broke state law? Perhaps you should read up. Video cameras don't lie, and I am sure the dash cam captured the officer placing my bottle of Everclear in the back seat, then my jacket over it, and the firewood atop that.

Cost me? Well, let's see. 36mpg, approximately 10mi, fuel was a little over $2.20/gal... Hm. About $3.78 of fuel, 35min, and a beautiful trio to the park by the railroad tracks in Smithville, Texas.

I see you are illiterate enough to the point that you'd be willing to shell out large sums of money for someone else to read two paragraphs of text. I am not that frugal. Sorry.

Correct. Personal vehicle. I figured why everyone was pulling off topic: I would half-track it on with personal experience (as in: Open container of alcohol, laws, and non-CMV).

But, at least the OP has a definitive answer, and I have my free speech and self defense until your kind attempts to trample on it as well.

Boy, assumptions do make you look like an ass. I live in a state that has probably more liberal gun laws than texas. As a matter of fact I love guns of all types. If everyone carried then there would be less crime. I am probably one of the most conservative people you will ever meet but that also does not mean I want confrontation or run from it. Why bring more hassle into your life than you already have? I just want to be left alone and if that means I have to follow a few rules then so be it. That particular rule is not that hard.

As for what it cost you, you hired a lawyer or at least you implied that in your post to Brett. I did not imply anything about you intentionally breaking the law, you got cited/busted twice for pretty much the same thing. Yes you got off and there were no consequences and you did not break the law but you did have to deal with the hassle of getting it dropped and paying for a lawyer. That is unless you had a public defender.

And as for trampling your rights....

It is people with attitudes like you have that make liberals and moderates both want to trample those rights.