Alcohol prohibited from trucks during down time?

Discussion in 'Questions From New Drivers' started by JoeBlow, Aug 28, 2009.

  1. kwray

    kwray Medium Load Member

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    For the last time, you can't have it in the truck PERIOD. Unless its manifested and part of the load, in which case you DEFINITELY don't want to get caught drinking it. Any amount of alcohol in your system will get you shut down for 24 hours. So if you must imbibe, do it nowhere near the truck and make #### certain you don't have any in your system before you go back to work.
     
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  3. kwray

    kwray Medium Load Member

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    That depends on the state. In Pennsylvania, if a convenience store (not a beer distributor or state liquor store) has a license to sell alcohol they have to allow you to drink it on the property. Either way you still don't want to mess with it. Too many lawyers with an axe to grind.
     
  4. jtrnr1951

    jtrnr1951 Road Train Member

    Answer to the ORIGINAL question: We don't follow the canadian laws down here, therefore, we have no idea !!!!!!!!
     
  5. Roadmedic

    Roadmedic Road Train Member

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    You might want to provide a link to substantiate this declaration.
     
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  6. jtrnr1951

    jtrnr1951 Road Train Member

    Speculation !!!!!
     
  7. 94nole

    94nole Light Load Member

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    Jul 28, 2007
    JAX, FL
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    FMCSR §382-301 Alcohol Concentration
    No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.


    I see nothing here that states anything about "any amount of alcohol in your system will get you shut down for 24 hours."



    FMCSR §382.207 Pre-duty use.
    No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.

    Again...I see nothing here that states anything about "any amount of alcohol in your system will get you shut down for 24 hours."



    Consequences for drivers engaging in substance use-related conduct

    FMCSR §382.505 Other alcohol-related conduct.

    (a) No driver tested under the provisions of subpart C of this part who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, including driving a commercial motor vehicle, nor shall an employer permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.

    (b) Except as provided in paragraph (a) of this section, no employer shall take any action under this part against a driver based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an employer with authority independent of this part from taking any action otherwise consistent with law.

    And Yet Again...I see nothing here that states anything about "any amount of alcohol in your system will get you shut down for 24 hours."

    I suppose that an employer may impose an "Any Amount" standard but based on my reading of the law as defined in the FMCSR, I am not able to find any evidence to support the claim made.
     
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  8. Rat

    Rat Road Train Member

    Do people not understand how much it takes to blow a .04? A .04 will not even give you even slight effects of a "Buzz". A .04 and being in a compercial truck with the keys in your pocket or in the ignition will net you an "Actual Physical Control" which is very similar to a DUI.

    Say you have a couple then climb in your rig and start it up to warm it up or cool down the bunk for the night. Some Swift, JB Hunt or Schnieder drivers pulls out and rips your front bumper or hood off or backs into the front or side of your rig. Cops show up to do a report and you end up doing an on site test.

    How about you just hit the pub and tie on a good one. Have lots of fun with the girls in the pub etc. Wake up in the morning and have a headake and still feel a little dizzy. Yeap you are still above .04 and legal intoxicated.
     
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  9. Crusher

    Crusher Light Load Member

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    Mar 26, 2009
    Thompson, CT
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    Very well put and right to the point. Common sense isn't taught, your born with it or without it. :biggrin_2551::biggrin_2551::biggrin_2551::biggrin_25511:
     
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  10. Rat

    Rat Road Train Member


    See I like my liquid fun as much as the next guy but there is a time and place for it.

    Time is when I am not going to be in a truck for a while and I can actually sleep off the full effects in a hotel room, friends house or at home.

    The place is anywere but a vehicle that has a motor and wheels under it.

    I don't even drive my personal stuff if I am going to have a drink or two. Not hard to catch a ride home if need be. I don't like risking my career over liquid festivities.
     
    Crusher Thanks this.
  11. jtrnr1951

    jtrnr1951 Road Train Member

    Has anybody actually read this entire thread ? It's a perfect example of why drivers will never get together and accomplish anything !! Does anybody remember the original question ? And the guy was asking from canada, I don't know their regulations ! Sheesh........ Or are you just suppose to answer the last poster ???
     
    Bean Jr. Thanks this.
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