1. (a) Driver out-of-service. Members of the department may place a driver out of service, and shall note in the driver's record of duty status that an out-of-service order was given, at the time and place of examination upon finding that the driver:

   1. (1) Has driven or been on duty longer than the periods specified in Section 1212.5, or
   2. (2) Has failed to maintain a driver's record as required by Section 1213 and is unable to establish eligibility to drive pursuant to Section 1212.5.
2. (b) Eligibility to resume driving. A driver placed out of service pursuant to subdivision (a) shall not operate a motor vehicle until he or she can establish eligibility to drive pursuant to Section 1212.5.
3. (c) Alcohol zero tolerance. No person may operate a commercial motor vehicle, as defined in Vehicle Code Section 15210, when that person's blood alcohol content is found to be 0.01%, by weight, or greater.

4. (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. (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.
5. (e) Alcohol-related out-of-service. Members of this Department shall place a driver out of service, and note in the driver's record of duty status that such an order was given, at the time and place that the driver was found to be in violation of Section 1213.1(c) or (d).
6. (f) Minimum out-of-service period. A driver placed out of service pursuant to subdivision (c) or (d) shall not operate a commercial motor vehicle for a period of 24 hours.

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).