WHAT TYPES OF ALCOHOL AND DRUG CONDUCT IS PROHIBITED BY LAW, WHEN IT COMES TO A TRUCK DRIVER?

The FMCSA has outlined different conduct that is prohibited for both alcohol and drugs. With regards to alcohol, a CMV driver must NEVER: (1) Report for duty or remain on duty requiring the performance of “safety-sensitive functions” while having an alcohol concentration of 0.04 or greater. It is important to note that a driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 must not be allowed to perform safety-sensitive functions for at least 24 hours. However, these drivers are not subject to the same disciplinary actions as someone who failed an alcohol test. A safety-sensitive function includes almost all on-duty time, including: waiting to be dispatched; inspecting, servicing, or conditioning any CMV at any time; driving a CMV; performing tasks associated with loading or unloading a vehicle; or performing any tasks associated with tending to a disabled vehicle; (2) Use alcohol while performing safety-sensitive functions; (3) Perform safety-sensitive functions within 4 hours after using alcohol; (4) Use alcohol within 8 hours following an accident if the accident requires a post-accident alcohol test; or (5) Refuse to take a DOT alcohol test. With regards to drugs, a CMV driver must NEVER: (1) Report for duty or remain on duty requiring the performance of “safety-sensitive functions” when the driver has used any substance identified in the FMCSRs (drug tests look for evidence of marijuana, cocaine, opiates, PCP, and amphetamines); (2) Report for duty or remain on duty or perform a safety-sensitive function if the driver has tested positive for a controlled substance; or (3) Refuse to take a DOT drug test.

If you have a question about an accident or injury involving a semi-truck and how these regulations may be important as applied to the accident call Roth Davies, LLC Trial Lawyers for a free consultation.