§ 1213.1. Placing Drivers Out-of-Service.
13 CA ADC § 1213.1Barclays Official California Code of Regulations
13 CCR § 1213.1
§ 1213.1. Placing Drivers Out-of-Service.
(d) Possession of alcoholic beverages. No person shall 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 United States Code 5052(a), of the Internal Revenue Code of 1954, or distilled spirits as defined in 5002(a)(8) of such code. However, this does not apply to possession of wine, beer, or distilled spirits which are manifested and transported as part of a shipment; or possessed or used by bus passengers.
(1) This does not prohibit an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor in an off-duty status from carrying any bottle, can. or other receptacle containing any alcoholic beverage unless that container has been opened, or a seal broken, or the contents of which have been partially removed, in a commercial motor vehicle, as defined in Section 15210 of the Vehicle Code, when transported to locations such as a motel, restaurant, or residence.
Credits
Note: Authority cited: Sections 15210, 31401, 34501 and 34501.15, Vehicle Code. Reference: Sections 15210, 31401, 34501, 34501.15 and 34520, Vehicle Code.
History
1. New section filed 9-30-80; designated effective 11-1-80 (Register 80, No. 40).
2. Amendment of subsection (a)(2) filed 8-31-83; effective thirtieth day thereafter (Register 83, No. 36).
3. Change without regulatory effect amending subsections (a) and (b) and Note and adopting subsections (c)-(f) filed 8-13-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 4).
4. Change without regulatory effect amending subsections (a)(2) and (b) filed 5-11-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 19).
5. Change without regulatory effect amending subsection (e) filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).
6. Amendment filed 10-4-99; operative 10-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 41).
7. New subsections (d) and (d)(1), subsection relettering, amendment of newly designated subsections (e) and (f) and amendment of Note filed 7-10-2002; operative 8-9-2002 (Register 2002, No. 28).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 13, § 1213.1, 13 CA ADC § 1213.1
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