I used to think that the passenger rule stated that a person cannot be logged as off duty for more than two hours while his teammate is driving. I now have learned that that is not the case. Today my teammate drove for about an hour and fifteen minutes, and then he stopped the truck and logged his post trip for 15 minutes , and then he went off duty. I realized that I had incorrectly and accidentally been logged as off duty while he was driving, but I thought that I would not get a passenger rule violation because my teammate was not driving any more. Instead, about 45 minutes after my teammate had stopped driving I received a passenger rule violation! How did I get a passenger rule violation when my teammate was not driving any more?
What is the passenger rule exactly? Is the passenger rule in the FMCSR book?
Passenger Rule Violation
Discussion in 'Experienced Truckers' Advice' started by expedite_it, Nov 30, 2015.
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Big_D409 Thanks this.
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The passenger rule?
Why was It incorrect for you to be off duty while he/she was driving?
Who gave you a violation?
A team driver can log up to 2 hours off duty in the passenger seat immediately before or after a tleast 8 hours in the sleeper berth.
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• All other 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 Section 397.5 of the Federal Motor Carrier Safety Regulations; (ii) Time spent resting in a sleeper berth; (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;jammer910Z and DeDeDispatcher Thank this. -
Didn't know this rule! Good to know!
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The QC popped a "violation" because you had been off duty for.more than two hours and the codriver had logged movement. The rule states two hours before or after 8 hours in the berth. So technically if you log off duty as your codriver moves to the truck stop and then starts a 10 or 34 hour break and you don't log 8 hours in SB then you violated the letter of the regulation, not the intent. Computers aren't smart enough to.handle the contradiction so it says you're violating the passanger rule.
G13Tomcat Thanks this. -
And he can't change that? Since he WASN'T driving.
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I ran into this frequently as a trainer, when I would forget to log On Duty after my trainee took Off Duty time and got back underway. The Qualcomm would bark that I was violating the passenger rule.
It's an easy fix. Just edit your logs. Problem solved. -
Is there a way to defeat it like if you wanted to log offduty up front after 5 hours in the sleeper, would you just be able to take a 10 hours and 1 minute break to defeat the passenger rule?
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