possession of alcohol

dawggone

Veteran Expediter
Charter Member
Hi Everyone: Would like some clarification. Are we allowed to possess alcohol in our vehicle while under load or deadheading. Not in the cab but in the box. My understanding is you better have a bill of lading. Checked the D.O.T. Handbook and cannot find anything to clarify it. Your help along with law ect.. would be grealy appreciated.

Thank you and I trust that your all staying safe out there.

Jim
 

greg334

Veteran Expediter
Check your contract.

Also every state differs on the issue.

And I know that FedEx told me a lot of times Alcohol in any consumable form is prohibitied.
 

LDB

Veteran Expediter
Retired Expediter
My understanding is it is forbidden. Regardless of the rule, you cannot be found at fault if you don't have any.

Leo Bricker, 73's K5LDB, OOIDA Life Member 677319
Owner, Panther trucks 5508, 5509, 5641
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
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Support the entire Constitution, not just the parts you like.
 

vandriver101

Seasoned Expediter
The law in michigan is that you can be placed out of service for 24hrs if it is found in your truck.Other states differ but I just would'nt carry any alchol period in a commercial vehicle!!
O/O B unit Panther #11514 Since 03/06
 

RichM

Veteran Expediter
Charter Member
Way back in 1989 I found out the hard way that you cannot carry beer in the box when you are loaded. I was stopped at the scale On I40E in Knoxville. The oficer asked me if I had any alcohol in the truck. Being naive I mentioned that I had a six pack outside in the tool box which was locked as after I unloaded I was going to get a Motel room. He asked to see it. I unlocked the toolbox and he said"You are under arrest". It is a violation to transport alcoholic beverages unless it is on your manifest.

That $5 sixpack wound up costing me $525 in fines and I was put out of service for 8 hours.

Next day I called Roberts safety,told them about the incident and SAFETY was unaware of this rule. They then published this ruling in the On Times News.

Now if you own the truck and are empty, not deadheading under company operations ,I believe it is then legal,at least the TN Dot told me that. As Leo said best not to have it onboard period.
 

Dreamer

Administrator Emeritus
Charter Member
A friend of mine just got a warning the other night in his dumptruck. He was done working, and stopped to pick up some beer to take home. A deputy sheriff was sitting there, and as soon as he saw him put it in the cab, he was over there.

He was nice about it, but informed that at least in Ohio, he couldn't have it in the truck, even tho he was headed home, and like Rich said, could be arrested. He quickly threw the beer in the trash, thanked the officer for the warning, and went on his way.




Dreamer
Forums Administrator


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wallytrucker1

Expert Expediter
I always find it interesting that most major truck stops carry cold 12 packs of beer but stack the soda pop out on the floor where you can buy it HOT. I guess they are looking out for us so we can avoid situations as described above...
 

theoldprof

Veteran Expediter
A couple months ago I was going to buy my brother a jug of Crown Royal for his birthday. The liquour store is about 4 blocks from home. I was heading home in my van. I stopped, had my paw on the door handle and thought "Opps, better not buy booze in the van". Being my luck I would be nabbed by the sheriff or the state troops. Better safe than sorry. No, I would never have alcohol in a commercial vehicle. Drive Safely.
:+ :+
 

diver5240

Seasoned Expediter
I went through the DOT books and do not see any mention of transporting alcohol for personnal consumption. I see my sleeper as my home and as such DOT can not search it without a warrent or permission from me. In most states it is legal for passengers to drink alcohol in a motor home as long as it is not done in the front drivers compartment. I have been pulled in at scale houses many times and never been asked about alcohol in my truck, so till the day I see the law that states that there can be no alcohol in the sleeper of my truck, I will continue to have a cold beer in my fridge for my 10 hours off.
 

Broompilot

Veteran Expediter
When I was in a scale house last summer.

First question was any FIREARMS

Second question asked any ALCOHOL, than he asked if he could look inside of my fridge. Now even though it is my home, I had NOTHING to hide so I obliged. Your never gona win by turning down a request to search, but you ask WHAT EXACTLY ARE YOU LOOKING for prior to.

Reading on this subject here in the past, transporting any item with Alcohol in it even for cooking as I have heard IS AGAINST THE LAW, and I do believe it is a FEDERAL law for US INTERSTATE COMMERCE VEHICLES. Over trumps any state laws.

Can anyone else confirm this?
 

dawggone

Veteran Expediter
Charter Member
Hi Everyone: Thanks for all of the answers. Actually the D.O.T Handbook clarifies it very well. 392.5 clearly states it is a 24 hour shut down. One of our drivers was stupid enough to throw some in the back of the truck. He didn't get busted or anything but I was trying to prove a point to him.

Hopefully everyone is staying safe out there.

Jim
 

tec1959

Expert Expediter
Dawggone Alcohol is not permited in any commerical vehile even if your laying over for the weekend and your off duty.You can not put it in your box or sidebox to keep for later use.If on the road and you must drink take a cab or ride to a local bar...
 

tec1959

Expert Expediter
Diver5240 you can drink while off duty BUT you can not carry alcohol at anytime in your commerical vechile for personnal use at anytime.
 

ATeam

Senior Member
Retired Expediter
While the rules may be complex, the actions are easy. Keep booze in any amount out of your truck and out of yourself when you are in the truck.

Diane and I are home now and have both the truck and ourselves out of service so we know we will not be flagged for a random test (though, technically, FedEx could still call us in for a drug screen). We sat down for lunch. While we never drink when we are out on the road, a chilled glass of cold beer goes down real smooth when I am home.

Knowing I might drive the truck the next day to take it in for an oil change, I called our safety department for rules clarification. I wanted to know if we were still insured if we drive the truck while both the truck and its drivers were out of service. The answer was yes.

I then told the safety official of my plan to have a beer with lunch. We drove a car to the restaurant. The truck was parked at home. And I told her of my plan to drive the truck the next day.

She said one 12 oz beer will raise the blood alchohol limit to .02 in a 150 lbs man. She also said that if the truck was in an accident and I was driving, a drug/alchohol screen would quickly follow. If I was found to have .02 or higher in my system and was driving the truck, I would probably be TERMINATED.

I gave the car keys to Diane, had two beers with lunch and scheduled the truck appointment for a couple days later.

We can talk all we want about the state and federal rules. In our case, our carrier's rules are more strict. "TERMINATED" she said, and she was not kidding.

Say you were out on the road and parked for the night at a Wal-Mart, with the manager's permission. You are predispatched on Friday for a Monday pickup. You do not plan to move the truck until Sunday. You walk across the street for a nice steak dinner and have a couple beers with it. Two hours after you return to the truck and are asleep in bed, a car load of roudy kids comes speeding through the lot and the young driver crashes into your truck. I cannot say what rules would kick in at that point or what your prospects would be.

I can say with absolute certainty that no glass or two of beer, no matter how good it tastes, how sober you feel you will be after having them with a meal, and how long it will be before the truck moves, is worth the risk of being terminated by our carrier. On the road, I drink Pepsi with meals.

We can talk around and around about being in the sleeper vs. behind the wheel and any number of other factors. The bottom line is my carreer is far more important to me than my "right" to drink responsibly. It's not about drinking. It's about being a professional driver in good standing with my carrier of choice.
 

Paul56

Seasoned Expediter
>Hi Everyone: Would like some clarification. Are we allowed
>to possess alcohol in our vehicle while under load or
>deadheading. Not in the cab but in the box. My understanding
>is you better have a bill of lading. Checked the D.O.T.
>Handbook and cannot find anything to clarify it. Your help
>along with law ect.. would be grealy appreciated.
>
>Thank you and I trust that your all staying safe out there.
>
>Jim

You'll avoid potential trouble for yourself while leaving the alcohol out of the truck and yourself... unless alcohol is your load. :)
 

MSinger

Expert Expediter
...the boys are thirsty in Atlanta and there's beer in Texarkana and we'll bring it back no matter what it takes.........








2002 GMC Savana 3500 DRW 15' cube 10,000 GVWR
 

diver5240

Seasoned Expediter
Just to clarify things, I do not carry alcohol on my truck as a rule, it is always an exception to the rule. I do not need alcohol to survive. Now for the gray area called the rules which can be interpeted in many different ways. My rule of thumb for the most part is I only drink when off duty away from truck. The best answer there will ever be for a question is "If you have to ask, don't do it".
 

jansiemoo

Seasoned Expediter
>Reading on this subject here in the past, transporting any
>item with Alcohol in it even for cooking as I have heard IS
>AGAINST THE LAW, and I do believe it is a FEDERAL law for US


So is my cherry NyQuil in the bunk illegal to even have?
 
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