![]() ![]() This updated guidance still leaves the decision whether to allow personal conveyance up to the motor carrier. We are asked what do we think is (and is not) proper? What should we do? The guidance does not address all of the issues and, like every rule, creates new ones.ĭriving is never as simple as getting from point A to point B. We counsel clients, draft polices and contracts, litigate cases, and respond to accidents that involve the issues covered by this guidance. The guidance goes on to offer many examples of possible applicable circumstances and can be found in full on the FMCSA website. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, this guidance, such as banning use of a CMV for personal conveyance purposes, imposing a distance limitation on personal conveyance, or prohibiting personal conveyance while the CMV is laden.(Driving to a place to sleep or rest, restaurants and “entertainment” facilities are included, while bobtailing and deadheading are not.) The commercial motor vehicle may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time.(If permitted, a personal conveyance does not effect on-duty time.) A driver may record time operating a CMV for personal conveyance (i.e., for personal use or reasons) as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier.Some of the key aspects of the guidance include: The updated guidance applies to §395.8 Driver’s Record of Duty Status. On May 31, 2018, the FMCSA provided new guidance for commercial motor vehicle (CMV) – both trucks and motorcoaches – personal use while off duty. One of the issues that the Federal Motor Carrier Safety Administration (FMCSA) recently addressed is the “personal conveyance” provision of the regulations. You can read about DOT regulations in cases of ELD malfunction here.Hours of Service and when is a driver on duty, how time is tracked (ELDs), and what can a driver do, have been the subject of ongoing regulatory activity, litigation and debate for the past decade and more. You can read here about how Hours of Service work. ![]() However, this is not a silver bullet, since different people have different driving job and personal habits. With the new FMCSA Personal Conveyance they can move to the nearest safe location legally.ĭrivers can also use extension on their 14 hour hour workday to manage their delays on the road or pickup at delivery by using the 8/2 provision. DOT clock is telling them to stop, but the customer is kicking them out of the facility. That put a lot of stress on drivers because they were between a rock and a hard place. Often happens that a truck is still at a dock and the 14 hour clock is finished. That would mean that a driver won't be prisoner of HOS. 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 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available. Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. Here are the exact words from the FMCSA website. However, on May 31st the news of new FMCSA Personal Conveyance rule stated that a driver can log off duty driving to the nearest safe heaven in the event of customer detention causing him to violate his 14 hour clock. FMCSA Personal Conveyance New Rule explainedĮLD mandate came into effect on Dec 18th and brought the biggest change in the trucking industry in more than 20 years. ![]()
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