Drinking In The Truck.
Topic 1692 | Page 3
Question 3: Does the prohibition against carrying alcoholic beverages in ยง392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty?
Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.
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.
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.
Partagas,
Not4hire already quoted this. It's right off the FMCSA's own website. Why do you disagree with their own words?
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
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.
Ryan - I'm actually relying on the FMCSA's words:
Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor (emphasis added) for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.
The guidance covers operation of trucks and tractors, which are defined in Part 390.5. Trailers are not included in the exemption specified in the guidance, while tractors are specifically and singularly referenced.
Pretty picky reading of the regulations and guidance I'll admit, but during 33 years in law enforcement I've seen allot of citations written on picky reading where one word makes a difference and the definitions provided in statue or regulations matter. And, of course, what also matters is what your company thinks the regulation means and what their rules are.
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
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.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.
Partagas,
That question did not imply that specific wording. That was a specific example to communicate a broader understanding to the question. I watched a video on youtube of a DOT inspector training recruits. Believe me, I fully understand that interpretation can be grossly mangled by dunces that can't even speak 6th grade English, but that doesn't mean a competent judge wouldn't laugh it out of court.
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.
Most if not all carriers forbid alcohol in their trucks. Debating FMCSA language although a highly entertaining exercise, isn't relevant for company drivers. Get caught and you're fired. Period.
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
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.
Not4Hire pretty much covered it.
And I AM a "recovering alcoholic" who could give a rats patoot about folks choose to do on their off duty time.
This is ALL about the REGULATIONS. I don't judge, because it ain't none of my business. If someone can't control their drugs/alcohol enough to comply with the regulations, then they might have a problem, and are risking their driving careers because if it.
Always here to help if someone asks, not here to push if they don't. Because I really only care, to the extent it makes EVERYONE ELSE LOOK BAD.
There is ONE EXCEPTION to "beverages in the cab" - and that one has been cited.
As far as carrying "unmanifested alcohol" strapped to your flatbed. We're kind of "splitting hairs" here - but I would opine that the same regs that would govern you carrying undocumented beverages in an enclosed trailer would apply. If it's not on a manifest , it doesn't belong there. You could probably get away with it in a "gear locker", if it's that important to you.
You can pretty much have anything SHIPPED HOME FOR YOU, from any number of online distributors. There's really no reason to tote around personal alcohol all over the country.
What is as important though (as far as regs go), is consuming alcohol inside the tractor. If you are in "constructive control" (ie: have the keys on you, etc.), that is the same as DRIVING, as far as most DUI laws go (in most states). This would even go as far as if you were "sleeping one off" in the sleeper, with the truck idling, and you got woken up by a cop and blew .04 or better - YOU WOULD BE DUI.
Get as hammered as y'all want to - but the safest way to do it without risking your driving career IS AT HOME.
Rick
Manifest:
Bill of Lading
An accurate record of everything being shipped on a truck, often times used as a checklist during unloading.
DUI:
Driving Under the Influence
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.
Here's an interesting tidbit...
Knight has this policy that states you cannot drink anytime their company truck is in your possession. They clarify that to mean that if you take your truck home, you cannot drink while you are at home. You are free to leave the truck at the terminal , go home and get wasted, and then return to work after you have metabolized the alcohol. I cannot even count how many times I have been tested for alcohol immediately upon returning from my home time. I always tell them they are wasting their money - I don't even drink!
My wife's sister has a sign on the wall in their kitchen, it says, "Never trust a man who doesn't drink!" Maybe that's why they keep testing me - I don't know!
Terminal:
A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.
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Advice For New Truck Drivers Driver Responsibilities DUI Life On The Road Truck Driving Lifestyle Trucking Industry Concerns Understanding The Laws
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Okay, Thank you. :)
Manifest:
Bill of Lading
An accurate record of everything being shipped on a truck, often times used as a checklist during unloading.
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: