How is this possible?

§395.8(a) Except for a private motor carrier of passengers (nonbusiness), every motor carrier shall require every driver used by the motor carrier to record his/her duty status for each 24 hour period using the methods prescribed in either paragraph (a)(1) or (2) of this section.


[h=2]ev·ery[/h] adjective

1 a : being each individual or part of a group without exception



Your log book declaring your passenger to be a co-driver alleges that they are, in fact, a driver who operates a commercial motor vehicle and as such, they are required under §395.8 to record his/her duty status for each 24-hour period.


§391.11(a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle.


Since you are accusing your passenger of having driven the commercial motor vehicle, the officer has every right to verify that they were in fact qualified to drive that commercial motor vehicle. Remember, YOU are the one who brought up the fact that they help you drive in order to explain away miles which you could not have legally driven by yourself. The officer is only verifying the information YOU are providing.

You're right....it really was simple. I'm still waiting on that regulation which prohibits the officer from viewing the co-driver's logbook and CDL. For as adamant as you are about the illegality of such a request, you really ought to have SOMETHING to back it up besides your "feelings" on the matter.

 

Trucks are for working. When it comes time to rest, I park the truck and find someplace comfortable...usually at home. Needless to say, that isn't anything I'm concerned about.

 

Here is another fine DOT Supervisor Upholding the Laws and making sure Truckers are ''Legal''......

http://www.nydailynews.com/new-york...e-busted-kidde-porn-charges-article-1.1276752

 

And yet another fine DOT Officer upholding the Law of the Land for Truckers...

http://www.wowt.com/home/headlines/Ex-Iowa-DOT-Employee-203936351.html

 

Here are some more DOT Boys upholding the Laws Of The Land and keep Truckers Safe....

http://thenewspaper.com/news/41/4118.asp

 

Keeping Truckers SAFE...


Florida: Highway Trooper Busted For Writing Fake Tickets
Florida Highway Patrol trooper accused of faking traffic citations to meet a ticket quota.

http://thenewspaper.com/news/30/3041.asp

 

Since I am ACCUSING my co-driver of operating the vehicle??? LOL!!!

Here, it's really this simple, and this is how I deal with belligerent OREGON LEO's who exceed their authority.

LEO asks for my logbook.

I comply.

LEO looks at it and finding zero infractions comes back and asks for co-drivers logbook.

I'm not responsible for my co-drivers logbook, so I simply tell the inspecting officer, "Sorry, but that logbook is not in my possession, neither is her med card, or her CDL. I can't provide you with her certifications, sorry, you see, she's asleep, has to drive tonight, and is to undisturbed throughout her break period, which includes your inspection, and I WILL NOT wake her".

At that point the OREGON LEO pushed the issue, "you WILL provide me with her logbook"

"No, I WILL NOT, so if you really want to look at her logbook and involve her in your "safety inspection", then YOU will have to wake her and YOU will also provide me with EVIDENCE that you have done exactly this, by making a notation on the inspection form stating that YOU woke the co-driver and involved her in your level 1 inspection with me, and greatly upset her...YOU will also provide me with the name and phone number of your superior officer, as I intend to call him and discuss you with him, and I will also be filing an official complaint against YOU.

Now, if you read my above initial post, you will discover that I in fact have been through this, and that I was correct. The young, (he looked to be about 15), LEO, who came on hard and heavy, who was confident that he had such authority, was reduced to apologizing to me and stating that I would be allowed to proceed without further delay or harassment. It was I who insisted that he complete the inspection, because if you're going to bring me into your shed, then I'm getting my inspection sticker... It was he, the Oregon LEO, who was embarrassed, ashamed, and sincerely desiring to be free of my presence....

But you keep on telling us what you think you know.

It's pretty entertaining.

 

The regulation you cite refers to the MOTOR CARRIER, (the official record keeper in charge of regulatory compliance), it doesn't say anything about law enforcement being allowed to interfere with a required sleeper berth break, nor does it give authority to law enforcement to harass a driver who is engaged in the activity of sleeping, this activity, sleeping, which is to be in compliance with the regulations...

You see, it is the officer who disturbs the lawful sleeper berth break, who is acting unlawfully.

 

Good gowing.Way to stand up for yourself and not COWARD done to these uneducated ticket writers...It is very important we challange these Neanderthals...

 

I think at about the point that you guys are quoting the meaning of adjectives at each other, is the point when this get's ridiculous.
Did anyone even think to take into mind the fact that the officer has a discretionary obligation to peruse what he or she feels is worthy of a ticket, citation or penalty?

This ain't so cut and dry, boys. Variables have a tendency to play a role in situations like this.