Hos Rules About Passenger Seat Time

Topic 26707 | Page 2

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Big T's Comment
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395.2

(4) All time in or on a commercial motor vehicle , other than:

(i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;

(ii) Time spent resting in a sleeper berth; or

(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;

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Beyond the two hours, anytime in the passenger seat should be logged on duty not driving.

Remember you still have to rest and be available and able to run your shift.

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I'm not 100% sure on this. If you are a TRAINER - and are REQUIRED TO BE IN THE PASSENGER SEAT for a CLP driver, then it's ON DUTY/NOT DRIVING. If you are an off duty driver that is NOT REQUIRED to be in the seat, I believe it can be logged OFF DUTY.

Obviously - there's the "technical point" of being logged SLEEPER, while not actually BEING IN THE SLEEPER.

Rick

Sleeper Berth:

The portion of the tractor behind the seats which acts as the "living space" for the driver. It generally contains a bed (or bunk beds), cabinets, lights, temperature control knobs, and 12 volt plugs for power.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CLP:

    Commercial Learner's Permit

    Before getting their CDL, commercial drivers will receive their commercial learner's permit (CLP) upon passing the written portion of the CDL exam. They will not have to retake the written exam to get their CDL.

G-Town's Comment
member avatar

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Beyond the two hours, anytime in the passenger seat should be logged on duty not driving.

Remember you still have to rest and be available and able to run your shift.

double-quotes-end.png

I'm not 100% sure on this. If you are a TRAINER - and are REQUIRED TO BE IN THE PASSENGER SEAT for a CLP driver, then it's ON DUTY/NOT DRIVING. If you are an off duty driver that is NOT REQUIRED to be in the seat, I believe it can be logged OFF DUTY.

Obviously - there's the "technical point" of being logged SLEEPER, while not actually BEING IN THE SLEEPER.

Rick

Yes, definitely, but I think (?) there are a few "team-only" companies like CRST that have negotiated with the FED to allow a CLP holder to drive with the CDL holding team member in the sleeper.

Big T can hopefully confirm this is still the case; at least with Swift the first 50 hours of student driving during road training (Mentoring) require the trainer (Mentor) observe the CDL Holding student from the passenger seat. Since the truck isn't established as a team truck at that point...there is no boundary.

Once the first 50 hours of the student driving is completed, the truck is logged as a team truck. This changes things such as, once one of the the team members has completed their shift and logs off-duty, the ELD (Qualcomm in Swift's case) will begin counting down the 2 hours if the other driver is logged-in, on-duty/driving and the truck is moving. At least when I was mentoring as a team (years ago...memory?), if the off-duty driver is in the passenger seat for over 2 hours it was a log violation, and the alert on the QC instructs the passenger to log-in as "sleeper". If in this situation you choose to remain in the passenger seat once logged into the sleeper, do not get caught. Beware of Interstate Weigh-In-Motion scales (WIM) and such, if pulled into the scale house, DOT better see the passenger seat vacant if the off-duty co-driver is logged in the "sleeper". Not worth taking the chance that an over-zealous trooper will make an example for such an infraction. Besides, the whole premise of these rules and boundaries is to force the off-duty driver to rest...in the sleeper.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

CLP:

Commercial Learner's Permit

Before getting their CDL, commercial drivers will receive their commercial learner's permit (CLP) upon passing the written portion of the CDL exam. They will not have to retake the written exam to get their CDL.

Big T's Comment
member avatar
Yes, definitely, but I think (?) there are a few "team-only" companies like CRST that have negotiated with the FED to allow a CLP holder to drive with the CDL holding team member in the sleeper.

The feds were allowing that once the CLP holder had passed their tests and were enroute back to their home state to turn in the paperwork.

I know some of the "safety" groups were fighting that, but not sure if it ever got resolved.

Big T can hopefully confirm this is still the case; at least with Swift the first 50 hours of student driving during road training (Mentoring) require the trainer (Mentor) observe the CDL Holding student from the passenger seat.

Yes Swift's policy during the first 50 hours is the mentor has to be on duty and in the passenger seat. Otherwise you start getting nastygrams over the Qualcomm. I will point out this is policy and not law. Once you have obtained your CDL you are not required to have someone observing you.

However if they only have their CLP then a CDL holder has to be on duty while they are driving.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.

OWI:

Operating While Intoxicated

CLP:

Commercial Learner's Permit

Before getting their CDL, commercial drivers will receive their commercial learner's permit (CLP) upon passing the written portion of the CDL exam. They will not have to retake the written exam to get their CDL.

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