Fired for drinking off duty while on the road?

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

  1. Humblepie

    Humblepie Pontificator

    5,077
    80,318
    Dec 25, 2018
    0
    Well he weren’t too bright anyhow. So was it really the getting wasted part that did him in?
     
    Bean Jr. Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Dave_in_AZ

    Dave_in_AZ Road Train Member

    55,851
    377,610
    May 4, 2015
    0
    I think the OP learned the most valuable lesson there is.

    Rule #1 : Don't get caught.
     
    Badmon, just_sayin, Opus and 3 others Thank this.
  4. Snakeschasingcars

    Snakeschasingcars Heavy Load Member

    743
    1,570
    Mar 22, 2018
    0
    Basically. If your not smart enuf to not get caught. probably should follow all the rules lol.
     
  5. Dave_in_AZ

    Dave_in_AZ Road Train Member

    55,851
    377,610
    May 4, 2015
    0
    That's the boat I'm in. Never been too big on looking over my shoulder.
     
    dwells40 Thanks this.
  6. STexan

    STexan Road Train Member

    14,963
    29,153
    Oct 3, 2011
    Longview, TX
    0
    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.
     
  7. shogun

    shogun Road Train Member

    6,075
    72,159
    Jan 23, 2009
    Doing a regen
    0
    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.
     
    KillingTime and not4hire Thank this.
  8. Scooter Jones

    Scooter Jones Road Train Member

    9,551
    19,977
    Apr 19, 2011
    0
    Not according to some of these veteran drivers.

    Other truck drivers are buying beer, should I report them?
     
  9. not4hire

    not4hire Road Train Member

    7,142
    26,957
    May 16, 2012
    Calgary
    0
    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
     
  10. tucker

    tucker Road Train Member

    12,647
    40,422
    Jun 13, 2008
    IN
    0
    The trainer was a douche for telling on him.

    That’s it
     
    just_sayin, Opus, kemosabi49 and 7 others Thank this.
  11. bryan21384

    bryan21384 Road Train Member

    14,675
    31,515
    Sep 18, 2009
    Memphis, TN
    0
    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.
     
    just_sayin, Dave_in_AZ and not4hire Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.