Solo with CDL passenger illegal?

Discussion in 'Trucking Industry Regulations' started by Tgam, Jan 25, 2019.

  1. Tgam

    Tgam Bobtail Member

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    Dec 20, 2017
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    I heard from someone that it is illegal for a solo driver to have a passenger who holds a CDL. I tried searching for a nugget of truth in that or a simple negatory remark and came up empty. It seems like it could be true, weirder rules are out there, but also sounds like a farce. Thanks for any and all input. Sarcasm welcome and encouraged but real answers if at all possible. Be safe out there drivers.
     
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  3. Cattleman84

    Cattleman84 Road Train Member

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    Passengers in a CMV must be authorized by company, as having a passenger requires extra insurance. It is not ILLEGAL... It is however against most company policies without prior approval. It has nothing to do with whether the passenger has a CDL or not.
     
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  4. x1Heavy

    x1Heavy Road Train Member

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    It does not matter if God is in that right hand seat (He usually is) but the COMPANY who owns that semi truck DECIDES to give PERMISSION to have Him in there with you. You both better have that waiver signed and permission formally from company before anyone gets into there.

    In my time with FFE, taking a soul into the cab without getting company permission got you fired instantly should you be caught no ifs buts or maybes. When it was time to get spouse to Lancaster for her orientation, she signed papers to be a passenger there from the house with me. She had a CDL then. Then became a second seat driver trainee etc.

    Now that is not to say I never carried someone to a truckstop or place of safety now and then. Somethings are more important when death is a possibility for someone who has no way to get out of the situation. I do not make a habit of it.
     
  5. ZVar

    ZVar Road Train Member

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    Even if a company allows it, good luck trying to convince an LEO that he's a passenger and not a team driver.

    So while it's not illegal, it is not a very good idea unless he keeps a log book and shows on duty while in the passenger seat.
     
  6. not4hire

    not4hire Road Train Member

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    Illegal? Not if they are a company employee or a passenger authorized by the company as mentioned above.

    If they are a CDL-holder, but not an employee of the company (or not working for it in any capacity), then there is no need to keep a log and I would not fret in the least if the truck actually happens to be stopped for inspection. For example, my wife holds a commercial licence, but has never been my co-driver any time she has ridden with me.
    It is the one time (I can think of at the moment) where it is legal to go back and change your logs.

    PART 395—HOURS OF SERVICE OF DRIVERS
    §395.1 Scope of rules in this part.


    (j) Travel time—(1) When a property-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period.

    - eCFR — Code of Federal Regulations

    So, if the passenger is connected with the carrier in any way, they should have a log showing they are on-duty unless it is known that they will, in fact, have at least 10 consecutive hours off duty when arriving at their destination. If it is unknown that they will have 10 hours off, but then do have 10 hours off, the log can be amended to show the travel time as off duty.
     
    Bean Jr., ZVar and brian991219 Thank this.
  7. Ed MacLane

    Ed MacLane Light Load Member

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    This is ridiculous. It's easy... the passenger isn't a driver. Done. It's on the LEO to prove otherwise if they want.
    Also, the non-CDL non-employee/contractor can't have a logbook as a co-driver....or then you're sort of trying to document an illegal co-driver.
    This isn't an issue like you've made it out to be.
     
    Matt43324 Thanks this.
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