IT PAYS TO BE SAFE

No. 2, January, 2010

• Every driver of commercial vehicles knows that it is illegal to operate a truck while under the influence of alcohol, but not every driver knows the specific rules about "when" you can use alcohol before driving and what is the amount deemed inappropriate alcohol use according to Federal Motor Carrier Safety Regulations. This is important issue as commercial motor vehicle drivers are held to much stricter standards than typical motorists.

• The Federal Motor Carrier Act, §382, gives all the guidance you need in this regard.

• While passenger vehicle drivers in most states are found to be in violation of alcohol-use laws by having a .08 blood alcohol level or higher, the commercial truck driver violates the Federal Motor Carrier Safety Act with an alcohol concentration of .04 or greater.

• Before going on duty, no driver should have any form of alcohol within four (4) hours of driving. In fact, your company cannot let you drive if they know you've used alcohol within four (4) hours. When in on-duty or driving status, no driver shall use alcohol.

• Not only is a driver not allowed to have alcohol within four (4) hours of driving or while on duty, but a driver is also prohibited from reporting to duty or remaining on duty after using any controlled substance, unless that substance is one being used pursuant to the instructions of a licensed medical provider and is a substance the driver has been told by his medical provider will not adversely affect his ability to safely operate his truck.

• What many drivers are not aware of is that following an accident that requires post-accident alcohol testing, no driver shall use alcohol for eight (8) hours following the accident, or until he or she has undergone his/her post-accident alcohol test.

• No truck driver (or his company) wants to imperil themselves or the public through alcohol or controlled substance use. Knowing the rules and following them always pays off, and it pays to be safe.