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Alcohol Inside Semi Trucks. Is a truck driver permitted to have alcohol in his semi truck? Is there a law that covers this? Recently TalkCDL broke a story about a driver that was fired and was caught with alcohol in his cab. A carrier reported that the driver in question was terminated because of service failures. In fact 5 failures in the two week period he was with the company. Upon termination the carrier entered into his tractor, only to discover a couple of six packs. If we are putting two and two together we might come up with the reason for the great amount of service failures.
Company Rules. If a driver signs paper work stating he will follow all company rules, he has nothing to stand on if he is fired for breaking the rules. When signing up with a carrier you might want to read up on their does and don’ts. Most carriers will have certain rules prohibiting the possession of alcohol in their trucks. You may not like it but a carrier is in they right to make such rules. It is no different than a mall or any public building that is owned by a business to reserve the right to prohibit or allow alcohol on their property (along with permits to do so). A trucking com[any is well with in their right to make such rules.
DOT Rules
The following rules are from the DOT.
6.3.2 Alcohol (392.5)
Drivers are forbidden to consume or be under the influence of alcohol (as defined in 49 CFR 382.107) within four hours of going on duty or operating a CMV (49 CFR 392.5). Drivers are forbidden to use alcohol, be under the influence of alcohol, or have any measured alcohol concentration, while on duty, or operating, or in physical control of a commercial motor vehicle. Alcohol can only be transported as part of a shipment.
Part 392
Section § 392.5: Alcohol prohibition.
Below are the available interpretations for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have interpretations. To view interpretations for a different section, click on the menu item.
The regulations text of the section can be found on the eCFR website. To view the regulations text, use the link below. For assistance, please send an email to FMCSA.Webmaster@dot.gov.
View regulations for Part 392
Question 1: Do possession and use of alcoholic beverages in the passenger area of a motorcoach constitute “possession” of such beverages under §392.5(a)(3)?
Guidance: No.
Question 2: Can a motor carrier, which finds a driver with a detectable presence of alcohol, place him/her out of service in accordance with §392.5?
Guidance: No. The term “out of service” in the context of §392.5 refers to an act by a State or Federal official. However, the motor carrier must prevent the driver from being on-duty or from operating or being in physical control of a Commercial Motor Vehicle (CMV) for at least as long as is necessary to prevent a violation of §392.5.
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.
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.
TalkCDL Trucking Podcast
Please contact TalkCDL by emailing us at Troy@TalkCDL.com or Ruthann@TalkCDL.com with any requests to be on the show. Also if you are wanting to submit a video or a picture for our Facebook page please sent it to the mentioned email addresses or directly to the messenger at our Facebook page.
- https://www.fmcsa.dot.gov/regulations/title49/section/392.5
- https://www.fmcsa.dot.gov/regulations/title49/section/393.76
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