Don't drink when you're driving orin a truckstop
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HGV drivers who use sleeper cabs are at risk if they consume alcohol during the period that they are using the vehicle, even during their rest periods.
If a driver is at rest and has a drink, at a pub, truckstop or in the cab, he runs the risk of prosecution even if he is parked up for the night.
This is because it is an offence to be in charge of a vehicle with excess alcohol on a road—or in any other public place. It is sometimes difficult to determine what is meant by "in charge". The court will want to know: • If the driver was in the vehicle; • How far from the vehicle he was; • What he was actually doing at the time, • Whether he was in possession of the keys to the vehicle; • Any other evidence which gives an indication that he intended to take control of the vehicle; • Whether there was any other person with him who could be presumed to be taking responsibility. Until the key or control of the vehicle is handed to someone else then the driver is at risk of being classed as being "in charge" of the vehicle—and therefore of committing an offence.
However, a defence is available if the driver can prove there was no likelihood of him driving the vehicle while over the blood/alcohol limit. Problems can arise when a driver consumes so much alcohol that when he starts driving the next morning his system has not reduced the level of alcohol to below the legal limit. Drivers must realise that in any case involving HGVs the courts will not take this line of defence lightiy. For someone to be drunk in charge of a 38-tanner can have
horrendous consequences. For this reason many employers make it part of their contracts of employment that drivers should not drink and drive while in charge of a company vehicle.
The company, under the terms of the contract (which the driver will sign), may carry out its own random breath tests. Drivers would risk disciplinary action resulting in dismissal if they breached the terms of their contract.
Road safety must be the prime concern and the best advice is, do not drink at all while you are in charge of an HGV.