Fired for drinking off duty while on the road?

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

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  1. Humblepie

    Humblepie Pontificator

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    Well he weren’t too bright anyhow. So was it really the getting wasted part that did him in?
     
    Humblepie, Jan 4, 2019
    #81
    Bean Jr. Thanks this.
  2. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    I think the OP learned the most valuable lesson there is.

    Rule #1 : Don't get caught.
     
    Dave_in_AZ, Jan 4, 2019
    #82
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  3. Snakeschasingcars

    Snakeschasingcars Heavy Load Member

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    Basically. If your not smart enuf to not get caught. probably should follow all the rules lol.
     
    Snakeschasingcars, Jan 4, 2019
    #83
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  4. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    That's the boat I'm in. Never been too big on looking over my shoulder.
     
    Dave_in_AZ, Jan 4, 2019
    #84
    dwells40 Thanks this.
  5. STexan

    STexan Road Train Member

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    This may be a company policy but more importantly it's forbidden in the FMCSA handbook for alcohol to be inside ANY commercial vehicle. Period.

    maybe someone else has the time to post the section. I don't. But it's in there in black and white with perhaps a little room for misinterpretation. I'm not saying it's right to not even be able to carry a six pack home, but it is what it is.
    49 CFR 392.5 - Alcohol prohibition.
     
    STexan, Jan 4, 2019
    #85
  6. shogun

    shogun Road Train Member

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    Oh I remember it well. Back when Swift would bring you to orientation and pull your hair for a drug sample. If you failed your haulin days were over. The nice thing was the mexican restaurant provided free chimichangas to the fired drivers from 5-7 pm, as long as they at least had a permit.

    They fired some drivers because they said they knew what beer was. That's how it should be.
     
    shogun, Jan 4, 2019
    #86
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  7. Scooter Jones

    Scooter Jones Road Train Member

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    Not according to some of these veteran drivers.

    Other truck drivers are buying beer, should I report them?
     
    Scooter Jones, Jan 4, 2019
    #87
    Sirscrapntruckalot, VIDEODROME and Tb0n3 Thank this.
  8. not4hire

    not4hire Road Train Member

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    There is no such rule.

    There is an exception to §392.5(a)(3)...

    Question 3: Does the prohibition against carrying alcoholic beverages in §392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty?

    Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.

    Section § 392.5: Alcohol prohibition​
     
    not4hire, Jan 4, 2019
    #88
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  9. tucker

    tucker Road Train Member

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    The trainer was a douche for telling on him.

    That’s it
     
    tucker, Jan 4, 2019
    #89
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  10. bryan21384

    bryan21384 Road Train Member

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    His trainer farted the whole journey? I hope it didn't fog up the windows and mess with your vision. That's a borderline DOT violation.
     
    bryan21384, Jan 4, 2019
    #90
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