The current guidance on personal conveyance (49 CFR 395.8, Question 26) was issued in November, 1996. The guidance contained the basic principle that a driver in off-duty status must be relieved from work and all responsibility for performing work. The guidance explicitly excluded the use of loaded vehicles as personal conveyance and the operation of the CMV as personal conveyance by drivers who have been placed out of service for HOS violations. The guidance has remained unchanged since it was issued.
The Federal Motor Carrier Safety Administration (FMCSA) has published a request for comments on proposed changes to the regulatory guidance regarding personal conveyance. The new language focuses on the reason the vehicle is being operated, not whether or not it is loaded. The reason for making this change is to allow drivers of straight trucks to utilize their vehicle for personal conveyance, even if the truck is loaded. While the operator of a tractor trailer can drop the trailer if it’s loaded, the operator of a single unit cannot “drop” the load and thus would be prevented from utilizing the truck as personal conveyance.
This is the complete text of the proposed guidance:
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.
Examples of appropriate uses of a CMV while off-duty for personal conveyance include, but are not limited to:
1. Time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities and back to the lodging.
2. Commuting from the last location where on-duty activity occurred to the driver’s permanent residence and back to that last on-duty location. This would include commuting between the driver’s terminal and his or her residence, between trailer-drop lots and the driver’s residence, and between work sites and his or her residence.
Examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following:
1. The movement of a CMV to enhance the operational readiness of a motor carrier. For example, moving the CMV closer to its next loading or unloading point or other motor carrier scheduled destination, regardless of other factors.
2. 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 under the direction of the motor carrier in order to pick up another towed unit.
3. Continuation of a CMV trip in interstate commerce, even after the vehicle is unloaded. In this scenario, on duty time does not end until the driver reaches a location designated or authorized by the carrier for parking or storage of the CMV, such as a permanent residence, authorized lodging, or home terminal.
4. Bobtailing or operating with an empty trailer to retrieve another load.
5. Repositioning a CMV and or trailer at the direction of the motor carrier.
The CMV 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.
One scenario that this new guidance does not address is how to handle a situation where a loading or unloading delay at a customer has resulted in the driver running out of hours. If the customer will not allow the driver to remain on their property, or even drop the trailer to bobtail somewhere, would movement of the vehicle be allowed under personal conveyance to travel to a safe location to park?
FMCSA is receiving comments on this proposal until January 18, 2018. It may be in the interest of the motor carrier industry to explore further clarification of this guidance and how it applies to real world situations.
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