![]() “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.”.Questions about commutes came up so frequently that the FMSCA addressed the subject twice, listing the two scenarios below as examples of appropriate personal conveyance: If the driver proceeds to the nearest reasonable and safe location and takes the required rest, this would qualify as personal conveyance.” DeLorenzo warned that drivers should not take undue advantage of this guidance in order to get their loads further down the road: “The next reasonable safe location with parking available is where you have to be.” “Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading.” The FMCSA noted that “the driver may not be aware of the direction of the next dispatch and that in some instances, the nearest safe resting location may be in the direction of that dispatch.“Time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities.” The guidance stresses that the driver must be off-duty, and the reason for travel must truly be personal, not to get the load closer to its destination.“Time spent transporting personal property while off-duty.”. ![]() The new guidelines also illustrate the meaning of personal conveyance by providing “examples of appropriate uses of a CMV while off-duty for personal conveyance,” including (but not limited to): Drivers can also claim personal conveyance if asked by a safety official to move during off-duty periods, providing they go “no farther than the nearest reasonable and safe area to complete the rest period.” What’s Clarified? Semi drivers no longer have to unhitch trailers, and drivers who operate “straight” trucks that can’t unhitch from their trailers and cargo can also take advantage of the personal conveyance allowance. In other words, drivers can use their trucks-full or empty-for personal conveyance. The new guidelines state that a CMV can be laden or unladen during personal conveyance. The 1997 guidance excluded the use of “laden” vehicles as personal conveyance. ![]() ![]() Again, the purpose of that movement is not to advance the load or get closer to where you’re going the purpose is to get somewhere safe in order to take rest.” What’s Changed? Say I get woken up in the middle of the night because law enforcement wants me to move my truck. But when you analyze why you are making that move-to get to a safe location to get your required rest-that can be done during personal conveyance. “Previously we had said, ‘Do the best you can, but it’ll put you in hours violation. In a press conference call, Joe DeLorenzo, director of the Federal Motor Carrier Safety Administration’s Office of Enforcement and Compliance, explained that the new guidance focuses on the reason the driver is driving while off-duty. Since the ELD mandate was put in place to keep drivers safer by enforcing hours limits, the FMSCA took quick action on the safety-related complaint. Because of this, drivers, carriers, and transportation advocates have been asking the FMSCA to weigh in on issues surrounding the personal conveyance rule, like the fact that drivers are sometimes given hours violations when trying to find safe places to rest. Personal conveyance guidelines were last addressed in 1997, but since the recent Electronic Logging Device (ELD) mandate took effect, hours of service requirements have been monitored more closely. A driver may record time operating a CMV for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier.” The off-duty distinction is the crux of the matter: No business-related work can take place during time counted as personal conveyance. According to the FMSCA’s guidance, “Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. And on May 31, 2018, the Federal Motor Carrier Safety Administration (FMCSA) issued new guidance regarding personal conveyance that should help to keep truck drivers safer by explaining and expanding the definition of personal conveyance. That’s what personal conveyance guidelines are supposed to address. And they need to do it without fear of racking up hours of violations.
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