What is legal?

[greg334]

With the latest brouhaha on the subject of dogs in sleepers for FedEx White Glove contractors, another issue has popped up in a off site discussion.

The issue was alcohol.

Almost every company has a policy about absolutely no alcohol inside the vehicle or transportation of it for personal use, how does the company handle this issue was the topic.

The FMCSA has a simple rule, no alcohol in the possession of the operator under rule 392.5 Alcohol prohibition while operating the vehicle. It also states that you can't consume it 4 hours prior of an on-duty status.

Seeing FedEx, among others, has roving safety people (inspectors and independent observers in some cases), and because the 'rights' of the contractor may be limited due to the nature of their relationship, and the contractor has a contractual obligation to fulfill, does one of these employees have the right to ensure that the no alcohol rule is followed by an inspection of the sleeper?

 

[cheri1122]

My thought is that he would - if he had probable cause to think there was alcohol in the sleeper - just as the dog whistle provides probable cause to indicate a violation.
There are specific rules about what constitutes probable cause [legally], and who may invoke it - I'm sure that those who perform such duties are aware of them, too.

 

[jjoerger]

This sounds like a question that would best be answered by someone with a legal background. There are a couple of members on here that might be capable.
I heard a story once (3rd party news) about a driver that collected antique glass bottles. One day he found some, bought them and put them in his sleeper to take home. Turns out a few of them had alcohol in them. Just his luck he had an accident and upon inspection a DOT officer found them. Supposedly he got a pretty big fine for having alcohol in the truck.

 

[nightcreacher]

I thought the alcohol rule had been changed to read you cant drive 'til 8 hrs after your last drink.Also,there was a list of products that can't be in your truck,products that have any alcohol in them such as after shave lotion.Did this not happen a couple of years ago?
For you drivers that do drink on time off,if you feel the need to get back in your truck,make sure the keys are not in the ignition,and are out of your reach.THis way if a patrol oifficer sees you leaving the bar,and you get in your truck to go to sleep,you wont get ticketed with a dui.If the truck needs to run to stay warm or cool,DON'T DRINK AND GET IN IT

 

[Turtle]

I thought the alcohol rule had been changed to read you cant drive 'til 8 hrs after your last drink.Also,there was a list of products that can't be in your truck,products that have any alcohol in them such as after shave lotion.Did this not happen a couple of years ago?

Yeah, there was a list of stuff that people thought you couldn't have in your truck, like after shave, mouthwash, toothpaste, cold medicine, that these items had to be alcohol-free. Turns out that truckstop lawyers and CB chatter and conventional wisdom was largely wrong on the issue. You can have all those things in the truck, since they aren't controlled substances, but you just can't consume any of them within 4 hours of going on duty. See the mouth-wash thread here.

As for "... does one of these employees have the right to ensure that the no alcohol rule is followed by an inspection of the sleeper?"

Absolutely not.The only way that could be done legally is if the contract signed by the contractor specifically stated that the contractor was giving up his rights to allow the carrier to inspect the inside of the vehicle. Otherwise it's just a private citizen violating the rights of another private citizen.

The "probable cause" laws apply to the State, to law enforcement officials, not to individual citizens. If an individual citizen, including a carrier or an employee of that carrier, has probable cause to inspect the interior of a vehicle they do not own, they'd better call the police and have them inspect the vehicle, otherwise it's yer basic breaking and entering, vehicle hijacking and grand theft.

If one of these carrier inspectors feel, either by "the driver’s general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding 4 hours," then the carrier is obligated to not allow the driver to be on duty or operate a commercial motor vehicle and the driver shall be placed out-of-service immediately for a period of 24 hours. The carrier at this time can require a "random" drug and alcohol test, tho, to use as "substantiating evidence", but they can't just go and look inside the vehicle, unless you give them permission to do so.

However, if your truck is on property owned by the carrier, and the carrier has a policy that anything on their property is subject to searches, and they have fully communicated that policy to you, then they have the right to search your vehicle, but only while your vehicle is on their property.

But there's a very easy way around all of this inspection stuff. If the carrier suspects you are hiding alcohol or some other policy-violating thing, they can simply cancel your contract, or give you the option of a canceled contract or an inspection, whichever you prefer.