Operational Policy 14 - Documenting Co-Driver Violations

There is a lack of clarification for co-driver enforcement and appropriate violations to document on roadside inspections. Are all violations (CDL, Medical Card, Seat Belt, HOS, etc.) in play for a co-driver, even though he is not currently "operating a CMV"? What proof is required to determine if a passenger is a co-driver? This is easily answered if a form log book is being kept showing he has been driving, but what if he is utilizes an exemption? Is the admittance of driving enough to declare him a co-driver and assign violations of regulations? Clarification and guidance regarding OOS violations on co-drivers. False logs are addressed in Operational Policy 14, and the OOS criteria states "operating a CMV" in numerous sections, however, sections like drug and alcohol possession/use does not specify "operating a CMV." Under the Influence actually states "while on duty." Can this be interpreted to be an on-duty co-driver as well?

A lack of guidance and direction for co-driver violations and enforcement has created a situation that is left to individual inspector interpretation and has in turn, created a lack of consistency across the board regarding this issue. I feel that specific guidance would be valuable to everyone involved in performing inspections and enforcement, as well as the trucking industry itself.

I request that the above topics be discussed at the next available opportunity and a co-driver section be added to Operational Policy 14. It should include the following: When is a passenger considered a co-driver. (proof required-logs, or no logs plus admittance, Short-haul operations, etc.) What regulations apply to a co-driver? Are there situations where a co-driver could/should be declared OOS or should it always only apply to driver? If the above is accomplished, I believe it would enhance the quality of roadside inspection and help ensure uniformity.