Non CDL Driver, Driving Vehicle Under CDL Weight With Closed Alcohol In Truck Question

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Sonya R.'s Comment
member avatar

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?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
JakeBreak's Comment
member avatar

This site is mainly for helping new drivers get into trucking. The question you pose is far anything I can help you with I would say try calling NASTC or OOIDA and seeing what they say. NASTC is the national association of small trucking companies and OOIDA is the owner operator independent driver association.

Owner Operator:

An owner-operator is a driver who either owns or leases the truck they are driving. A self-employed driver.

OOIDA:

Owner-Operator Independent Drivers Association

Who They Are

OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

Their Mission

The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

Phox's Comment
member avatar

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

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Rick S.'s Comment
member avatar

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

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Interstate Commerce:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Blake H.'s Comment
member avatar

Exactly... people wanna run around the rules until they get hemmed up. If you have to keep logs, you cant play dumb, or be dumb.

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

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Interstate Commerce:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Dutchboy's Comment
member avatar

I would chalk it up as a lesson learned. It sounds as if you may be this persons employer and are engaged in interstate commerce. If so your drivers should have a class d license at minimum and should have an understanding of DOT regulations.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Interstate Commerce:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Rick S.'s Comment
member avatar

I would chalk it up as a lesson learned. It sounds as if you may be this persons employer and are engaged in interstate commerce. If so your drivers should have a class d license at minimum and should have an understanding of DOT regulations.

And if this is the case - you (the original poster - as the employer) could be risking a helluva lot more fines and problems with DOT.

I've got friends that do motorcycle hauling - outlaw. They keep 3 logs (etc., etc.). At some point, they are going to draw the attention and anger of a DOT officer - and are going to find themselves in handcuffs, their equipment in an impound yard, and a stack of citations so high, they'll be lucky to have a license and vehicle by the time they're dug out.

Either you play the game 100% legal or 100% illegal - you can't half-measures this thing, or eventually you are going to get snagged big time (usually, after an accident on the road).

Rick

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Interstate Commerce:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Bolt's Comment
member avatar

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

I worked for a construction company running a single wheel 1 ton pulling a gooseneck. The truck was licences to 26,000 lbs. In my state, Arkansas, I did not require a CDL, however I did run log books, had a dot health card, had a dot inspection on truck and trailer, had the triangles and fire extinguisher according to dot regs. We also weren't allowed to carry alcohol in the cab of the truck as,we were a cmv.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Interstate Commerce:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Sonya R.'s Comment
member avatar

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.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Sonya R.'s Comment
member avatar

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

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Interstate Commerce:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

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