Is this legal?

No its not ok.

 

Why can't a driver be off duty riding in the truck like team drivers?

 

riding in passenger seat can be logged off duty

 

I know with our company, if we are a passenger we have to log line 4. We have oilfield exemption so not sure where that rule fall into.

 

I could be wrong, but if I remember correctly, the truck may need to have a sleeper berth for the second driver to be able to "save" his hours. Riding in the passenger seat does not allow him to be off line 4.

Just a guess from a distant memory.

 

NSC Standard 9: HOS

1. Interpretation

"on-duty time" means...
(b) travelling in a commercial vehicle as a co-driver, when the time is not spent in the sleeper berth

(pg. 4)

CCMTA Application Guide

30. What is the duty status of a passenger who is riding seated next to the driver and who will become a driver of a commercial vehicle?
Guidance: On-duty (not driving) if the passenger does not take 8 consecutive hours off-duty prior to driving. Off-duty if the passenger complies with the provisions under section 10.

Standard 9

10. Travelling as a passenger--Off-duty time
If a driver who has, at the request of the motor carrier by whom the driver is employed or otherwise engaged, spent time travelling as a passenger in any mode of transportation to the destination at which the driver will begin driving takes 8 consecutive hours of off-duty time before beginning to drive, the time spent as a passenger shall be counted as off-duty time.

(pg. 6)

Application Guide

50. Can a co-driver (who is deemed to be a team driver) sleep in the passenger seat, while the vehicle is being operated, and claim off-duty?
Guidance: No.

 

For the OP, the above is a moot point anyhow as (I assume) you will be be working, but not driving. Although you could try just riding as a passenger, but I see a long walk in your future.

 

One hour from the house? Drive the b!tch home.