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Originally Posted by VitoCorleone99
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Originally Posted by headborg
you can be a team co-driver and be riding in the passenger seat and logging -- Off duty; there's no rule preventing this. But, this is a quick way to end up with ticket for --false logging. Example- you roll thru a scale house and you're showing as being "in the sleeper"- but they see you in the "jump seat"---there's a quick ticket. With the new HOS rules- this could become a new "hot topic". Or, if your co-driver gets pulled over for something- you need to be - in the right area of the truck- because your log book is required to be current to the "last change of duty status"-- this includes coming out of the sleeper berth and jumping in passenger seat. Only a trainer performing
"training duties" is required to log "on duty- not driving' when in the jump seat.
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No, actually you can't log "off duty" if you're in the truck.
Found here.
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Question 13: What is the duty status of a co-driver (truck) who is riding seated next to the driver?
Guidance: On-duty (not driving).
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Pursuant to this definition:
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On duty time shall include:...
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
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thanks for the update; Guidance--- times chance.
so; The driver that once challenged it- claiming:
395.8
(1) OFF-DUTY. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropritate time markers to record the period(s) of time when the driver is not on duty
, is not required to be in readiness to work, or is not under any responsiblity for performing work.
That doesn't work anymore?
or the another driver who successfully argued the passenger seat was part of the Sleeper under 393.76(b)(2)?
.....A sleeper berth installed on or after January 1, 1953 must be located IN THE CAB or immediately adjacent to the cab....
See, that used to be the only way you could stagger back from the Bar---drunk off your ass and climb into your truck--the cops would set and watch for the dumb drivers who just partied at Southern Comfort--Conley, Ga and climbed into their trucks Driver Seat---because the rules used to read---the driver's seat was the only seat that's ON DUTY or preparing to be Driving. The rule of that day was always climb into your truck--drunk on the passenger side.
Also, unless they've revised the definition of "on duty"---does it still read?:
395.2 On Duty Time means all time
from the time a driver begins to work(meaning the start of his/her 14hour 'clock')
or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work......
If, you haven't started your 14hour work clock or 'shift'--you haven't came on duty---yet.
I was reading the other day where teams were asking DOT this very question; about stopping at a rest area---if it interruped the co-driver's 8hr
sleeper berth break( wife needed to pee ) the DOT stated the rules were
not that Draconian and they understood that from time to time people do come out of the sleeper for potty breaks, etc. They also asked if, co-driver could log combination off-duty/ sleeper for a full 10hrs( while the truck was moving) and DOT said yes!
and last but not least; the OP stated he was driving a duelly pickup truck pulling a car hauling trailer.......unless the combination exceeds 26,000 pounds--he's not even defined as a CMV-----and doesn't need a CDL (there's still a big gray area here)
since there's no need for CDL's--- I'd just say he's your cousin or brother-in law and is just along for the ride.