FMCSA Rules on Personal Conveyance (Revised Regulation)

October 26, 2018 Comments: 0

UPDATED NOV 6TH 2018

Personal conveyance is a very useful tool for carriers, allowing for operations of commercial motor vehicles for safety reasons by drivers and carrier staff. This tool can be used whether loaded or unloaded with a trailer and cargo.


Per 395.8 the FMCSA states:

“Motor carriers are responsible for ensuring drivers are not operating while ill or fatigued. However, motor carriers, at their discretion, may authorize their drivers to use a CMV while off-duty for personal conveyance. When this occurs, drivers are required to document such use as off-duty in their RODS, regardless… if paper logs, automatic on-board recording device, electronic logging device, etc”


Additionally, the FMCSA states:

“This may be used by drivers at the motor carrier’s discretion.”


Examples of appropriate uses of Off-Duty Personal Conveyance are:

  • Time spent traveling from a driver’s en route lodging (Motels, or truck stop) to restaurants and entertainment facilities
  • Commuting between the driver’s terminal and his / her residence, between trailer drop lots and the driver’s residence, and between work sites and his / her residence.
  • Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.5(a)(1). The location must be the first such location reasonably available.
  • Moving the CMV at the request of a safety official during the driver’s off duty time.
  • Time spent transporting personal property while off duty
  • Authorized use of a CMV to travel home after working at an offsite location.

 

Examples of unathorized (NOT ALLOWED) uses of Off-Duty Personal Conveyance are:

  • The movement of a CMV in order to enhance operational readiness of a motor carrier. For example, bypassing available resting locations in order to get closer to the next loading or unloading point, or other scheduled carrier location.
  • After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin to pick up another towed unit.
  • The continuation of a CMV trip in interstate commerce in order to fullfill a business purpose, including bob-tailing, or operating with an empty trailer in order to retrieve another load, or re-positioning the CMV (Tractor or trailer) at the direction of the motor carrier.
  • Time spent transporting a CMV to a facility for vehicle maintenance (Garage, or repair terminal).
    • YOU CANNOT DRIVE TRUCK TO GARAGE ON PERSONAL CONVEYANCE. THIS MUST BE DONE USING ‘ON DUTY – DRIVING’
  • After being placed Out-Of-Service for exceeding the maximum periods permitted under Part 395
  • Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or receiver

 

Source: FMCSA, Issued May 31, 2018

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