Two drivers in One truck?

Discussion in 'Trucking Industry Regulations' started by TKelly, Mar 27, 2014.

  1. TKelly

    TKelly Bobtail Member

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    Mar 27, 2014
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    Hello everyone, I'm new here. I do not drive a truck myslef, but manage a small group of drivers for our company. We are primarily a construction company, but haul our own equipment/materials. I have 6 driver/employees. We do go interstate for work. I have a few questions regarding their HOS...

    1. We run day cabs. Every job we go to there will be the "driver" of the truck and his passenger, which also carries a CDL. Is the passenger required to fill out his log as on-duty not driving or can he remain off duty? Our company policy is, if your riding as a passenger, you are considered off the clock for the first 1 1/2 hrs.

    2. We have smaller trucks (F-350/F-450) that run DOT #'s, but anyone can operate them. Does the driver, if holding a CDL have to log this as on duty driving?

    3. Would a non CDL driver be required to fill out a log if operating one of the smaller trucks?
     
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  3. tobiasrook

    tobiasrook Light Load Member

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    Have them do a log and time sheet...you seem to be skating the rules..If a passenger in a company truck is running then they are on duty not driving.Look at the laws real careful and don't assume..Even though your driver are accountable it will be you the company paying the heavy fines for non-compliance.

    Will the CDL passenger be driving at all...if so the yes log

    Does the 350/450 exceed of meet the Commercial laws with regards to weight for operations which i believe is 26,001

    I suggest you look at http://www.fmcsa.dot.gov/ for your answers
     
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  4. fishnman

    fishnman Light Load Member

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    The link that tobiasrook provided is your best source of official information for regulations that involve driver Hours-of-Service.. It might take a lot of research, as the language is very bureaucratic legalese, but the answers are there.. Asking for that info here, you can expect to get as many opinions (often uniformed) as there are drivers.. Good luck to you..
     
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  5. TKelly

    TKelly Bobtail Member

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    Mar 27, 2014
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    thanks for the replies. I'm new at this and just trying to make sure that the drivers don't get caught in the wrong because of the company...
     
  6. CargoWahgo

    CargoWahgo Road Train Member

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    If you are in the passenger seat in a sleeper truck you are considered on-duty. (You could be navigating)

    You run team and get an inspection first thing the inspector does is walk around and ask the passenger for their log book. Usually an easy ticket if they are cdl holders.

    Hop back in the sleeper and you have no problems.

    Day cabs could be different but would guess no.
     
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  7. CaptainJJay

    CaptainJJay Bobtail Member

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    Oct 6, 2013
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    Either
    1) He's training with you.. aka will be driving so he must log "ON DUTY/NOT DRIVING" if he is in the passenger seat or "sleeper berth" if he's.. well sleeping.
    2) He's riding with you or training ("observing") but WONT drive .. he will need a written authorization stating his name, the drivers name who's going to be going out with, truck route (point a, point b, point c).
     
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  8. TKelly

    TKelly Bobtail Member

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    Mar 27, 2014
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    What happens is our employees meet at our warehouse/yard the morning of the job and they all car pool within our company vehicles which consist usually of 1 tractor pulling a dry tanker, 1 straight truck pulling a pump/mixer, and 1 utility truck that has spare parts and such. All of which have DOT#'s. So there will be passengers in each vehicle. Now who ever decides to drive that morning gets compensated from the moment he leaves the yard to the moment he arrives at the jobsite. The passengers don't start getting compensated until 1 1/2 hrs from the time they leave the yard. My understanding is that if the passenger has a CDL he is required to mark his log as On-Duty Not Driving. If this is in fact the case, wouldn't he then be entitled to the same compensation time as the driver?
    Also, say the job is 4 hrs away, they work a 12 hrs day, can that same driver drive back to the yard?, if not, can the "passenger" drive back?
     
  9. fishnman

    fishnman Light Load Member

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    As I said earlier, follow tobiasrooks' advice and examine the fmcsa regs.. the responses you're getting here relate more towards OTR team trucks or drivers in training. Your company may have different rules than for-hire contract carriers. Also, you said in an earlier post that your trucks don't always leave your state, and the rules for intra-state use are different than interstate commerce
     
  10. Roadmedic

    Roadmedic Road Train Member

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    The weight for a commercial motor vehicle under the fmcsa is 10,001 lbs gross vehicle weight rating.
     
  11. Roadmedic

    Roadmedic Road Train Member

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    Years ago when I was the DOT guy for a construction company, we used F350 trucks and had 2 guys to the truck.

    Their job was to go to the site and work. The enroute, all were paid, but only one drove. A cdl driver who is working at the job they are employed at, in this case, even riding in the truck is considered on duty not driving. They are limited to the 14 hour window as the driver. They are on duty not driving for the entire trip.


    Since you are operating under interstate rules, not anyone can operate such trucks. They are classed as Commerical Motor Vehicles and the drivers of such need to have a medical card in addition to the license. This is even if not a cdl.
     
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