Level I Inspection Procedure - Inspection of Co-Driver's Record of Duty Status

We request a correction to the CVSA NAS Level I Inspection Procedure; Step 10, last item which says: Check the co-driver?s record of duty status, if not in the sleeper berth. Some carriers contend, and some interpret interpret, this to mean inspectors cannot ask for a co-driver's logbook if the co-driver is in the sleeper berth. CVSA explains this to mean inspectors can ask for the logbook, but should not wake a sleeping co-driver to obtain it.

395.8(a) reads every motor carrier shall require every driver used by the motor carrier to record his/her duty status 395.8(a)(1) reads Every driver who operates a commercial motor vehicle shall record his/her duty status 395.8(k)(1) requires supporting documents to be kept. A co-driver's logbook would be considered a supporting document. Past curriculum in the Level I classes taught by NTC clearly directs the student to collect/inspect a co-drivers logbook. The inspector must also collect the co-drivers CDL as part of the inspection, so the information can be included on the ASPEN report. Collecting these documents does not necessarily mean waking a sleeping co-driver provided the driver can locate and produce these documents on the co-driver?s behalf.

Please remove the phrase, "if not in the sleeper berth." from the inspection procedure. This phrase is in contradiction to NTC curriculum and FMCSA Safety Standards. It is too vague and subject to interpretation. As written, the phrase could be addressing the co-driver being in the sleeper berth, or their logbook. Some carriers and some inspectors interpret this phrase to mean simply being in the sleeper berth, even though awake, precludes the co-driver's logbook from inspection. Removing the phrase does not change the intent of CVSA or NTC training for inspectors to avoid waking a sleeping co-driver.