Beer In The Sleeper

Would like to hear your opinion.

Recently, at company sponsored schooling, a fellow student told me- "Was feeling stressed last night and I drank (liquor)". It was absolutely clear that anyone who drank was immediately terminated- of course we- over 95 of us were all students with learner permits- or working towards it. And because we were students we were actually kicked out of school.

Anyway, I decided not to turn him in. The guy was in younger 20s, was trying to better himself and was broke. I had told him about using the city bus for $1.25, and he said "didn't have the money and would use the free shuttle"

So my thinking was I hoped he would succeed and make a better life for himself.

Would you have turned him in?

I would not have turned him in, given that scenario. It's not like he was about to jump into his truck and drive off. Sure, it's company policy, but I don't think it's always the right thing to do to tell on someone. If he has a real problem with alcohol, he'll do it again. I'd probably say something like, "You know it's against the rules. Let's talk about other ways to deal with stress. Don't ever put me in this position again or I'll be forced to let someone know."

I have been shocked, shocked to see empty beer cans on the ground at truck stops. Nevertheless, if you are interested in keeping your driving job, don't play with fire or beer.

Did anyone besides Brett bother to read the guys post ? He asked a very simple question and Brett is the only one who even made an attempt to answer.

If you dont know the answer, its ok to say I dont know or simply dont post in the thread.

Is there a rule and where can it be found ?

Doug, I read Eric's post. To me Doug is asking if there's a problem having an open container on his truck during his off time - is there a specific law against it. You know, I'd enjoy a brewski on my off time myself. But having this job is more important, to me.

Brett (not a lawyer) said he wasn't sure what laws say. All the other respondents said Doug shouldn't push his luck.

On top of that, I do not believe there's any state law anywhere that allows an alcohol purchaser to consume on the property, unless it's in the bar.

Did anyone besides Brett bother to read the guys post ? He asked a very simple question and Brett is the only one who even made an attempt to answer.

If you dont know the answer, its ok to say I dont know or simply dont post in the thread.

You want the answer, read rule 392.5 and interpret it for yourself. Some say that the sleeper is your home but it is not and can be searched at any time. In my opinion it is not worth the risk at all. It does not say anything specifically about being off duty and in the sleeper. But here are a few clips from the rule

(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

The bolded part is what I believe will get him in trouble because he does have physical control of the vehicle even though he is off duty.

(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, and 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.

Some states are even more restrictive than the Feds. You can get a DUI while sleeping it off in your personal vehicle in most states too.

FYI, I did read and answer his question but did not search for the specific rules until your post. Just because someone does not give a long winded explanation does not mean that they did not read the question.

Ok. So if a driver has an approved passenger? A family member perhaps. Even if the driver is not touching it? How about a passenger?

Thanks Pat, although I didnt want the answer. It makes no difference to me either way, all I said was the guy asked a question and nobody answered it.

You seemed to be giving him a definite answer to a pretty difficult question as fact. Even after reading the rule it seems you are giving him and now me your opinion.

Im not trying to pick a fight or ruffle feathers, I was just pointing out the OP asked a specific question and he was clearly looking for a specific rule to reference. He never said he had beer in his sleeper or that he even wanted to have beer in his sleeper. He just asked if there was a rule.

Thanks for digging it up.

Thanks for the answers. Kind of surprises me that on such a serious issue there wouldn't be a more cut and dry answer. I've been out for a few months now and doing a restart and just wondering, but better safe than sorry I guess.

Errol, Maybe you should read my post again lol. I dont drink beer and now you have me "pushing my luck" drinking beer in my truck on my off duty time ??? Funny how people make assumptions.