Drinking limit

Rexxen · May 31, 2012

.04 is the FMSC legal limit of DUI in commerical vehical, 0.00 is legal limit for operating a commercial vehical, .01 will put your out of service and proly get your fired along with that on your DAC, don't have any alcohol in your system and operate a commerical vehical.

To risky and to much to loose... Simple truth .

CondoCruiser · May 31, 2012

Rexxen said: ↑

.04 is the FMSC legal limit of DUI in commerical vehical, 0.00 is legal limit for operating a commercial vehical, .01 will put your out of service and proly get your fired along with that on your DAC, don't have any alcohol in your system and operate a commerical vehical.

To risky and to much to loose... Simple truth .
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We all don't like drinking and driving but rules are rules. There is nothing in the rules backing up your statement. Someone can quit drinking 5 hours before and even blow a .03 and be legal to drive.

§ 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
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§ 382.201
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 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.
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§ 382.205
On-duty use.No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.
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§ 382.111
Other requirements imposed by employers.
Except as expressly provided in this part, nothing in this part shall be construed to affect the authority of employers, or the rights of drivers, with respect to the use of alcohol, or the use of controlled substances, including authority and rights with respect to testing and rehabilitation
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§ 382.119
Stand-down waiver provision.(a) Employers are prohibited from standing employees down, except consistent with a waiver from the Federal Motor Carrier Safety Administration as required under this section.(b) An employer subject to this part who seeks a waiver from the prohibition against standing down an employee before the MRO has completed the verification process shall follow the procedures in 49 CFR 40.21. The employer must send a written request, which includes all of the information required by that section to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.(c) The final decision whether to grant or deny the application for a waiver will be made by the Administrator or the Administrator's designee.(d) After a decision is signed by the Administrator or the Administrator's designee, the employer will be sent a copy of the decision, which will include the terms and conditions for the waiver or the reason for denying the application for a waiver.(e) Questions regarding waiver applications should be directed to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
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Even a driver can pass a SAP with a BAC less than .02

Lets remember it doesn't take one beer to blow a .02. One beer ain't nothing.

RickG · May 31, 2012

More :

Question 4: Would an alcohol test, performed by an employer pursuant to 49 CFR part 382, with a result greater than 0.00 BAC, but less than 0.02 BAC, establish that a driver was in violation of 49 CFR 392.5(a)(2), having any measured alcohol concentration while on duty?Guidance: No. The Federal Highway Administration (FHWA) believes that a 0.02 BAC is the lowest level at which a scientifically accurate breath/blood alcohol concentration can be measured in an employer-based test under part 382. The FHWA further believes that this use of a 0.02 BAC standard is consistent with FHWA's long established zero tolerance standard for alcohol. This guidance in no way impedes or precludes any action taken by a law enforcement official because of a finding that a BAC level was less than 0.02 BAC.
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http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=392.5&guidence=y

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