As a solo driver, my interpretation is that you are the one physically in control of the vehicle, even if off duty.
That being said, see paragraph 2
392.5 Alcohol prohibition.
(a) No driver shall—
(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or
(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(3) 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 U.S.C. 5052(a), of the Internal Revenue Code of 1954, or distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:
(i) Manifested and transported as part of a shipment; or
(ii) Possessed or used by bus passengers.
(b) No motor carrier shall require or permit a driver to—
(1) Violate any provision of paragraph (a) of this section; or
(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.
(c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.
Fired for drinking off duty while on the road?
Discussion in 'Trucker Legal Advice' started by kablerat, Jan 3, 2019.
Page 22 of 23
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
not4hire Thanks this.
-
Im sorry, The rules in 392.5 is explicit.
NO. Alcohol inside the cab or sleeper of a 18 wheeler. It could also include say hand sanitizer, where it's still possible to absorb enough to get over that 0.04 BAC in a hurry just washing up with it. Modern Hand Sanitizers are adulterated with gasoline or similar as a bitterant so you don't enjoy the experience at all after getting sick at that level of exposure.
Even food products like McCormick's Vanilla Extract contains 41% alcohol by volume. It's possible to become really happy after a dinner using it.
To repeat:
3) 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 U.S.C. 5052(a), of the Internal Revenue Code of 1954, or distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:
(i) Manifested and transported as part of a shipment; or
(ii) Possessed or used by bus passengers.
(b) No motor carrier shall require or permit a driver to—
(1) Violate any provision of paragraph (a) of this section; or -
-
-
Bean Jr. Thanks this.
-
8 months in to driving, for Western Express.
I'm an OOIDA member.
Here’s why: $40 for $1000 accidental death insurance.
Fatalities 0
Injury crashes 0
Tow away 0
OOS 0% -
tucker Thanks this.
-
I did actually.
As i said in an above post, that it how i interpret it.
Well, that and various conversations with people who actually enforce those laws.
Since i personally drink mayne a 12 pack a year, i don't really see that I have much of a dog in the hunt.
But if it makes you feel better, here you go.
You're right, I'm wrong.
Mongo just pawn in game of life. -
392.5 is NOT explicit. Thus the confusion on here concerning possession versus use, and the question of "Are you 'in control' of a CMV while occupying the cab during off duty time?"
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 22 of 23