Co Driver Drinking While Off Duty

Topic 12309 | Page 1

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Earl J.'s Comment
member avatar

First off would like to say thanks to all for the wealth of info and to Brett for a great site....hats off to you sir!!!

Here's my deal, from what all I've researched it looks to me that there is to be absolutely no alcohol in a CMV at anytime unless it's on a manifest for delivery. I am a team driver and my co- driver will at times ( not all the time) grab a beer or two when we switch duty and I'm on and he's off. My question is what liabilities or issues am I facing if by chance we get checked and he has alcohol in the truck or even an empty that's not been disposed of?

Thanks Earl

Manifest:

Bill of Lading

An accurate record of everything being shipped on a truck, often times used as a checklist during unloading.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
G-Town's Comment
member avatar

First off would like to say thanks to all for the wealth of info and to Brett for a great site....hats off to you sir!!!

Here's my deal, from what all I've researched it looks to me that there is to be absolutely no alcohol in a CMV at anytime unless it's on a manifest for delivery. I am a team driver and my co- driver will at times ( not all the time) grab a beer or two when we switch duty and I'm on and he's off. My question is what liabilities or issues am I facing if by chance we get checked and he has alcohol in the truck or even an empty that's not been disposed of?

Thanks Earl

Taken directly from the FMCSA regs:

Prohibition of Alcohol on a CMV

You should also consult your company handbook..It should contain very specific instructions on your liability and your responsibility in this situation. Your co-driver has put you in a horribly tough spot. I am not you, but if it were me I would either get off his truck or get him removed from mine.

Have you confronted him about this?

Manifest:

Bill of Lading

An accurate record of everything being shipped on a truck, often times used as a checklist during unloading.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
RebelliousVamp 's Comment
member avatar

Career jeopardizing right there. Your co-driver must not care too much about keeping a paycheck. I get the desire of a man wanting a cold one after a hard day of work but if you're risking everything for a beer....nope.

Earl J.'s Comment
member avatar

G-Town, I actually just checked our company policy and it lists all of the FMCSA regs just nothing company specific on what I'm to do (small company). As for confronting him that I have not done but my girlfriend says I should say something to him as well cause this is my career he's messing with as well. I think I may just talk to my bosses about getting away from him cause that's not the only thing he does I don't agree with.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
G-Town's Comment
member avatar

G-Town, I actually just checked our company policy and it lists all of the FMCSA regs just nothing company specific on what I'm to do (small company). As for confronting him that I have not done but my girlfriend says I should say something to him as well cause this is my career he's messing with as well. I think I may just talk to my bosses about getting away from him cause that's not the only thing he does I don't agree with.

Earl, he is also potentially putting you in danger when he is driving. I think you know the right thing to do here...good luck.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Earl J.'s Comment
member avatar

Yes I sure do and it'll be tomorrow due to the fact that I'm dropping him off at our office so he can go take care of some other matters (charge he got in GA). Yes he has a pattern and I'm blown away our company still employs him, but the only reason I'm here is because I made one mistake back in March of 13 that's holding me back for another couple of months from being with a good company.

Steve_HBG's Comment
member avatar

Yes I sure do and it'll be tomorrow due to the fact that I'm dropping him off at our office so he can go take care of some other matters (charge he got in GA). Yes he has a pattern and I'm blown away our company still employs him, but the only reason I'm here is because I made one mistake back in March of 13 that's holding me back for another couple of months from being with a good company.

Good luck on whatever happens. My hope is that your co-driver quits that habit.

On a similar note, I learned about this issue repeating itself from last year at this time...

Here's the link to the subject here on TT: Drinking While Off Duty

G-Town's Comment
member avatar

Yes I sure do and it'll be tomorrow due to the fact that I'm dropping him off at our office so he can go take care of some other matters (charge he got in GA). Yes he has a pattern and I'm blown away our company still employs him, but the only reason I'm here is because I made one mistake back in March of 13 that's holding me back for another couple of months from being with a good company.

Hang in there Man...be safe. Let us know how this turns out.

Earl J.'s Comment
member avatar

double-quotes-start.png

Yes I sure do and it'll be tomorrow due to the fact that I'm dropping him off at our office so he can go take care of some other matters (charge he got in GA). Yes he has a pattern and I'm blown away our company still employs him, but the only reason I'm here is because I made one mistake back in March of 13 that's holding me back for another couple of months from being with a good company.

double-quotes-end.png

Hang in there Man...be safe. Let us know how this turns out.

Thanks will keep you updated

PackRat's Comment
member avatar

You need a new co-driver, one way or another.

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