Fired for drinking off duty while on the road?

Discussion in 'Trucker Legal Advice' started by kablerat, Jan 3, 2019.

  1. NightLight

    NightLight Bobtail Member

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    Aug 12, 2013
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    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.
     
  2. Expeditor

    Expeditor Medium Load Member

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    Mar 5, 2018
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    Yes you can have alcohol on truck, unless company policy states different. But be careful it states from store to hotel room or home, nothing about bringing it back to truck stop or your nearest national park.Most states and municipalities have "public intoxication" laws in place. That means you can't drink on street. Lots of places have placard on doors leading to the beer stating "Alcohol products can not be consumed on property". Also States also have "open container laws". I would not consume alcohol in my truck or vehicle. In most States you can be legally charged with driving a lawn mower with a DUI, a horse also. Have a x-cop friend that when he drinks in truck he puts his keys in the truck box, straight truck, always told me if the keys are within reaching distance, meaning in cab, you can be charged.
     
    not4hire Thanks this.
  3. x1Heavy

    x1Heavy Road Train Member

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    Mar 5, 2016
    White County, Arkansas
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    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
     
  4. not4hire

    not4hire Road Train Member

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    Calgary
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    While all of what you posted is true, all of it is outside the purview of the FMCSA and applies equally to all, not just CMV operations.
     
  5. not4hire

    not4hire Road Train Member

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    Calgary
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    Utter piffle.
     
  6. not4hire

    not4hire Road Train Member

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    May 16, 2012
    Calgary
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    (a)(2) and (b)(2) refer to the consumption of alcohol, not its possession. (a)(3) would not apply in the case of someone off-duty/sleeper berth and consuming a drink in their CMV.
     
    Bean Jr. Thanks this.
  7. otterinthewater

    otterinthewater Road Train Member

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    Santa Barbara, Ca
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    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%
     
  8. Bean Jr.

    Bean Jr. Road Train Member

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    I guess you didn't read the guidance from the FMCSA that I posted. Nothing that you shared says anything about while not driving. I'll post it again. Screenshot_20190211-231844_Chrome.jpg
     
    tucker Thanks this.
  9. NightLight

    NightLight Bobtail Member

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    Aug 12, 2013
    Indiana
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    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.
     
  10. homeskillet

    homeskillet Road Train Member

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    Dayton, OH
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    No. They aren't.

    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?"
     
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