FMCSA to give GUIDANCE on Personal Conveyance as it pertains to HOS Rules

FMCSA to give GUIDANCE on Personal Conveyance as it pertains to HOS Rules

To give your comments to the FMCSA by Jan 18 -2018

Go to this website : Regulations.gov
Put in docket # FMCSA -2017-0108 in the keyword box and hit search .. click on COMMENT NOW in the new window

The truckers coach .

Fmcsa to give guidance on the Personal Conveyance as it pertains to the HOS loses for truckers .

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/regulations/hours-service/elds/86081/proposed-regulatory-guidance-concerning-use-cmv-personal-conveyance.pdf

http://m.truckinginfo.com/news/272035/fmcsa-looking-at-how-it-defines-personal-conveyance

electronic log rule now in effect, the Federal Motor Carrier Safety Administration is considering revising a much older but related regulation. Per an announcement published in the Federal Register for Dec. 19, the agency is proposing to revise its regulatory guidance on commercial-vehicle drivers legally using trucks as “personal conveyance” while off duty.

FMCSA noted it is seeking public comment on this guidance and its economic impact for a 30-day period ending on Jan. 18.

“The previous guidance, which required the CMV to be unladen, was written for combination vehicles, where the driver could readily detach the trailer and use the unladen tractor for personal conveyance,” the proposal said.

Examples of appropriate uses of a CMV while off-duty for personal conveyance now include, but are not limited to, time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants or entertainment facilities and back to the lodging.

The new guidance also would permit drivers to use personal conveyance for commuting from the last location where on-duty activity occurred to his or her permanent residence and then back to that last on-duty location. Examples of those locations include the driver’s terminal, trailer-drop lot or work site, according to FMCSA.

The new guidance would not permit movement of a CMV to enhance the operational readiness of a motor carrier, such as moving the CMV closer to its next loading or unloading point or other motor carrier-scheduled destination, regardless of other factors, according to FMCSA.

Other improper uses of personal conveyance include continuation of a CMV trip in interstate commerce, even after the vehicle is unloaded, bobtailing or operating with an empty trailer to retrieve another load, or repositioning a CMV and/or trailer at the direction of the motor carrier.

FMCSA is seeking comments on the guidance for 30 days after its posting in the Dec. 19 Federal Register.

THE DOCKET

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/regulations/hours-service/elds/86081/proposed-regulatory-guidance-concerning-use-cmv-personal-conveyance.pdf

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11 thoughts on “FMCSA to give GUIDANCE on Personal Conveyance as it pertains to HOS Rules

  • January 23, 2018 at 10:39 am
    Permalink

    Thanks for the resources. You seem like the guy that can answer these 2 questions…
    When a driver is hauling a loaded trailer and he/she is in en route and wants to use a personal conveyance, does that driver have to log a quick on duty for detachment and attachment of that trailer? And should any kind of remarks be made on my logbook off duty or on duty for it? I'm asking my employer now. I just thought I'd get a second opinion.

    And here's a part from the regulatory guidance…
    III. Proposed Guidance Language

    FMCSA proposes to replace the above interpretation with the following revised Question 26 and seeks comments on this guidance. FMCSA also seeks public comments and information on other appropriate uses of a CMV while off-duty for personal conveyance, as well as the economic impacts of the proposal. FMCSA proposes to update the guidance for § 395.8 Driver's Record of Duty Status to read as follows:

    Question 26: Under what circumstances may a driver operate a commercial motor vehicle (CMV) as a personal conveyance?

    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.

    (a) Examples of appropriate uses of a CMV while off-duty for personal conveyance include, but are not limited to:

    . 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.

    (b) 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.

    …I got a ticket last week for log falsification because I used my personal conveyance that violated fmcsa pc guidance. I basically used a pc and it ended up being in the same direction as where I picked up my next load. However I wasn't dispatched until after I used it. Sounds stupid they make you go in the opposite direction. What if you dont know? Better drive in one big circle. I hired an attorney. He said he thinks I have a defense. It's expensive. But if you read part a and b it'll use language that says " but are not limited to." Just think about that. You could be following the guidance and still get a ticket. Personal conveyance is a very tricky subject. But it shouldn't be. If your vehicle is unladen and you've been relieved from all responsibilities and work from the carrier. You should be able to use a pc. That's what I'm going to tell fmcsa. Give it to us or not. Don't play games with it. Log falsification is a criminal traffic citation. It's more hefty than a civil infraction.

    Reply
  • January 23, 2018 at 12:12 pm
    Permalink

    I consider my truck and sleeper as my home so I only have to comply with local building codes and my Home Owners Association. Neither limit my driving hours. 😉

    Reply
  • January 23, 2018 at 1:25 pm
    Permalink

    I don’t understand not requiring ELDs on pre 2000 trucks. The system works on tracking movement (GPS) that could easily work on older trucks. DOT is concerned about hours on duty and moving or not moving per time allowed to drive. This could easily be tracked on any vehicle, even your bicycle. Just use map quest while riding your bike. I guess the FMCSA figures the guys/gals driving pre 2000 trucks are a safer bunch of drivers compared to us drivers with newer trucks. Or maybe my hunch is correct, the people making these rules for us drivers don’t have a clue to what’s really going on in this industry. Someone just popped up one day and said hey let’s track their movement, that’ll make them safer lol. I hate to be the barer of bad news FMCSA, but you can’t fix stupid. ELD,s not going to make a bad driver a safer driver.

    Reply
  • January 23, 2018 at 1:51 pm
    Permalink

    Jason, it's a notice of proposed rule making, or a NPR, the proposal is to change the rule a bit to allow pc when laden and it also pertains to routes you can use while you pc, what they're looking for is comments pertaining to this or the NPR. I don't know what you're understanding or a NPR is ,but it's exactly that, they are proposing to change the rule pertaining to pc.

    Reply
  • January 23, 2018 at 2:46 pm
    Permalink

    To give your comments to the FMCSA by Jan 18 -2018

    Go to this website : Regulations.gov
    Put in docket # FMCSA -2017-0108 in the keyword box . Hit COMMENT NOW it’s a blue box on the right side under the docket link .

    Reply
  • January 23, 2018 at 3:39 pm
    Permalink

    “The previous guidance, which required the CMV to be unladen, was written for combination vehicles, where the driver could readily detach the trailer and use the unladen tractor for personal conveyance,” the proposal said.

    Examples of appropriate uses of a CMV while off-duty for personal conveyance now include, but are not limited to, time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants or entertainment facilities and back to the lodging.

    The new guidance also would permit drivers to use personal conveyance for commuting from the last location where on-duty activity occurred to his or her permanent residence and then back to that last on-duty location. Examples of those locations include the driver’s terminal, trailer-drop lot or work site, according to FMCSA.

    The new guidance would not permit movement of a CMV to enhance the operational readiness of a motor carrier, such as moving the CMV closer to its next loading or unloading point or other motor carrier-scheduled destination, regardless of other factors, according to FMCSA.

    Other improper uses of personal conveyance include continuation of a CMV trip in interstate commerce, even after the vehicle is unloaded, bobtailing or operating with an empty trailer to retrieve another load, or repositioning a CMV and/or trailer at the direction of the motor carrier.

    FMCSA is seeking comments on the guidance for 30 days after its posting in the Dec. 19 Federal Register.

    Reply

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