Off-Duty or On-Duty Not Driving?

If you are a pure passenger with NOTHING TO DO FOR WAGES ... I mean nothing... you are just a passenger, basically deadweight. Not a revenue generating worker to be paid something.

You are still a passenger. You actually cannot touch or do anything with company equiptment to do any work. If I remember the liabilty forms.

If You are a CDL driver and you ARE intending to PICK UP a vehicle and import it to the Canada from the USA for wages... then it's going to be off duty as a passenger, onduty and driving when you get hands on the wheel of the new vehicle to bring home.

I tried hard to write simple and short I am not really strong anymore on the little stuff related to worker status and passenger status.

 

When in Canada...

Travelling as a Passenger — Off-duty Time
10 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 a commercial vehicle 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.

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-313/page-2.html#h-5
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If you are being paid for the time it's on duty not driving. If not it's off duty.

 

When in the U.S.:

(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.

https://www.fmcsa.dot.gov/regulations/title49/part/395
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Being paid or not (assuming the OP is employed by a carrier) has no relevance to the question.

Canada:

28. How does compensation relate to on-duty time?

Guidance: No relationship.

http://ccmta.ca/images/publications/pdf//HoS_Application_Guide.pdf
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U.S.:

Question 10: How does compensation relate to on-duty time?

Guidance: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.

https://www.fmcsa.dot.gov/regulations/title49/section/395.2?guidance
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Actually being paid does. The rule you are referring to is unpaid on-duty time, like fuelling.
When an HOS auditor comes in, he looks at logs, fuel receipts and paid time amongst other things, to find violations of the Hours of Service regulations.

 

Nope, still wrong.

As noted by posts #3 and #5 a driver can mark travel time as off-duty if they have the required time off before driving or engaging in any other on-duty activities. Whether or not the driver is paid is irrelevant.

Post #6 is clear; compensation alone does not determine whether an activity is considered on-duty or not. It may be a factor, but there are instances where compensation may be paid that can be off-duty, eg., the aforementioned posts 3 and 5, standby, etc.

Neither the Canadian nor U.S. HOS list compensation as a factor in the definition of "on-duty" time with the exception in the U.S. HOS for:

(9) Performing any compensated work for a person who is not a motor carrier.​

Work for a non motor carrier in Canada (whether compensated or not) is off-duty.

 

I will stop arguing the point here. OP if I were you, I would just get the HOS application guide and see where you fit in.
These quotes and not4hire's are directly out of that guide.

“driver”
9. When is a person deemed to become a “driver” for the purpose of the Regulation. For example,
an individual (a part-time driver) that spends 90% of the time performing other work for the
motor carrier, such as warehouse work?
Guidance: A driver is a person who has operated, operates or intends to operate a commercial
vehicle and as such may have past, present and future obligations under the Regulations. For the
purposes of Section 81 (2) (c), it is expected records be kept for 14 days prior to driving.

“off-duty time”
13. What conditions must be met for a commercial vehicle driver to record meal and other routine
stops made during a work shift as off-duty time?
Guidance: 1. The driver must have been completely relieved of all duty, responsibility and
obligation for the care and custody of the vehicle, its accessories, and any passengers or cargo it
may be carrying.
2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue
activities of his/her own choosing and to leave the premises where the vehicle is situated.
3. It should be noted the motor carrier is not required to provide a driver with a letter
stating that they are authorised to record meal or work breaks as “off-duty”.
21. A company told all of its drivers that it would no longer pay for driving from the last stop to home
and that this time should not be shown on the time cards. Is it a violation of the Regulations to
operate a commercial vehicle from the last stop to home and not show that time on the time
cards?

Guidance: Being paid is not relevant. Location of home terminal determines if the travel time is
on-duty or off-duty. If the driver is returning to his home terminal the travel time is on-duty,
driving; if the driver is traveling and using the vehicle as a personal conveyance (maximum 75
km per day), in most instances the time can be considered as off-duty. The driver must be in
compliance with Section 2(1)(e).

 

Got dinged by a maine state trooper on this several years ago. I live in nova Scotia and purchased a truck in moncton. The day I went to get it I hitched a ride with a friend in a day cab. Different company than mine, not able to drive the truck if I wanted to. He checked my log book and asked how I got from home to moncton. I told him I hitched a ride with a friend. He said commercial truck? I said yes, he said were you in the sleeper? I said day cab...... he started writing. My safty guy at Clarke checked it out... and he was right.