Level I Inspection Procedure - Co-Driver HOS Violations

Over the last several years there has been considerable discussion around the so called "co-driver". Many questions surround what is documented and how it is documented regarding this driver. Several issue request have been submitted and action has been taken on a varity of issues in this area. Currently, there is an Inspection Bulletin pending on Issue/Request for Action 07-018-DVR. In discussions regarding this issue, most in committee, ad-hoc and others have agreed that the co-driver's documents are subject to inspection. Currently, there is a conflict in the CVSA inspection procedures. Step 5 indicates "Collect the following documents: i.e. driver?s license; vehicle registration(s); medical examiner?s certificate and Skill Performance Evaluation (SPE) Certificate (if applicable); record of duty status; driver?s daily vehicle inspection report (if applicable); documentation of periodic inspection(s); operating authority (if applicable); Unified Carrier Registration (UCR) (if applicable); shipping papers and/or bills of lading and receipts or other documents that may be pertinent to the trip or used to verify the driver?s record of duty status (log book). Step 10 indicates: "Check the co-drivers record of duty status, if not in the sleeper berth." This is clearly in conflict with Step 5 "....receipts or other documents that may be pertinent to the trip or used to verify the drivers record of duty status (log book)."

This issue has been debated over the last several years and 2 versions of an Inspection Bulletin have been drafted. The workgroup to Enhance Roadside Inspection Uniformity also has been in conflict regarding this issue. This issue is crucial to the roadside inspector, and motor carrier on a day to day basis.

A decision must be made with regard to the status of the driver not currently driving, (co-driver). What is this driver subject to? Also, language in Step 10 indicating that the "co-driver's" record of duty status should not be checked if the "co-driver" is in the sleeper berth should be stricken or Step 5 made consistent with Step 10 if that is what the committee decides.