Passenger Rule Violation

Discussion in 'Experienced Truckers' Advice' started by expedite_it, Nov 30, 2015.

  1. expedite_it

    expedite_it Road Train Member

    1,646
    863
    Sep 8, 2012
    0
    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?
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Fajo

    Fajo The Dark Knight

    2,214
    2,352
    Jan 26, 2013
    Boise, ID
    0
    Just put his arse in SBerth, Tell him he cant come out until he is a real boy!
     
    Big_D409 Thanks this.
  4. tinytim

    tinytim Road Train Member

    5,143
    18,188
    Oct 29, 2007
    Northern Ontario
    0
    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.
    -------
    • 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.
  5. DeDeDispatcher

    DeDeDispatcher Bobtail Member

    28
    15
    Jul 30, 2014
    0
    Didn't know this rule! Good to know!
     
  6. truckon

    truckon Swamp Thing

    4,774
    15,917
    Dec 16, 2011
    Like I'd tell you!
    0
    What rule?
     
  7. DeDeDispatcher

    DeDeDispatcher Bobtail Member

    28
    15
    Jul 30, 2014
    0
    Passenger violation rules lol. Never worked with teams before!
     
  8. gentleroger

    gentleroger Road Train Member

    7,419
    20,013
    Jun 1, 2010
    0
    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.
  9. snowwy

    snowwy Road Train Member

    20,537
    13,273
    Jul 6, 2009
    0
    And he can't change that? Since he WASN'T driving.
     
  10. Lepton1

    Lepton1 Road Train Member

    12,647
    25,588
    Nov 23, 2012
    Yukon, OK
    0
    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.
     
    tow614 and G13Tomcat Thank this.
  11. scottied67

    scottied67 Road Train Member

    10,818
    12,622
    Mar 14, 2010
    california norte
    0
    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?
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.