OOS Declaration of a Co-Driver

When an inspector conducts an inspection on a team operation and the inspection reveals that the co-driver (driving hours logged during the current 8-day period) is disqualified under 391.15, is a violation of 391.15 to be listed on the DVER? If the violation is to be listed, should it be indicated as OOS even though the co-driver was not behind the wheel at the time of the stop? If it is to be listed as OOS, as in other OOS co-driver situations, ASPEN does not print an OOS order declaration statement for a co-driver.In a similar scenario, a co-driver's log book is determined to be false in an apparent attempt to conceal HOS violations. This violation will be listed on the DVER. Again, is this violation to be listed as OOS? Would the current co-driver status (on-duty in the passenger seat or line 2 in the sleeper berth) have any impact on the OOS determination?

A clarification is needed for consistency in enforcement. I understand that our authority to verify the legitimacy (CDL & log book) of a claimed co-driver who is in the sleeper is under fire. It continues to be a concern to inspectors that the claimed co-driver is first, actually present in the truck and second, actually a qualified driver. In my jurisdiction and surely others, we have experienced both the ghost co-driver and the claimed co-driver who is later determined to be a hitch-hiker or the driver's neighbor. Both scenarios obviously allow the driver to operate beyond the HOS limitations.

Committee discussion and suggested best practice related to these situations.