Moving Words – Personal Conveyance

“Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. 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.” – FMCSA

In June of 2018, the FMCSA detailed greater latitude in its guidance on Personal Conveyance providing more flexibility for van operators to find safe parking, handle personal non-trucking tasks and to vacate a prohibited parking location at a shipper’s residence after exhausting their 14 hours within their HOS.

First, Personal Conveyance is Off Duty. This means “A van operator may record time operating a CMV for Personal Conveyance as Off Duty only when the van operator is relieved from work and all responsibility for performing work for the agency, motor carrier or van line. The CMV (moving van) may be used for personal use even if it is laden as long as the load is not being transported for the commercial benefit of the agency, motor carrier or van line. Each agency, motor carrier or van line may establish personal conveyance limitations either within the scope of the FMCSA Rule or more restrictive than the guidance provided by the rule, even to the point of banning use of the CMV for personal conveyance.”

The following are examples of when operating a CMV is considered off-duty:

1. Time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities.
2. 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. In these scenarios, the commuting distance combined with the release from work and start to work times must allow the driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued.
3. 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 395.3(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.
4. Moving a CMV at the request of a safety official during the driver’s off-duty time.
5. Moving a moving van or truck from a residential neighborhood after loading/unloading is complete to a safe parking location to complete the 10 hour off-duty rest period.
6. Time spent transporting personal property while off-duty.
7. Authorized use of a CMV to travel home after working at an offsite location.

The following are examples of uses of a CMV that would not qualify as personal conveyance and therefore be required to be recorded as driver time:

1. The movement of a CMV in order to enhance the 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 motor carrier destination.
2. Continuation of a CMV trip in interstate commerce in order to fulfill a business purpose, including bobtailing or operating with an empty trailer in order to retrieve another load or repositioning a CMV (tractor or trailer) at the direction of the motor carrier.
3. Time spent transporting a CMV to a facility to have vehicle maintenance performed.
4. After being placed out of service for exceeding the maximum periods permitted under part 395, time spent driving to a location to obtain required rest, unless so directed by an enforcement officer at the scene.
5. Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.

The operative rule here is, under personal conveyance the location to which the van operator is traveling must be Nearby, Reasonable and Safe. This can mean that if the nearest, safest location is in the opposite direction of the direction of travel the truck would be going to transport a load or stage itself to load, that is where the van operator needs to go. In other words, the van operator can’t travel 30 miles to a truck stop in the direction of his next pick-up or delivery if there is one 18 miles in the other direction.

Bottom line: each Agency, motor carrier and van line needs to establish their own Personal Conveyance rules within the FMCSA guidelines.

“It is recommended that drivers be permitted to use Personal Conveyance under specified guidelines. It would be shortsighted not to allow Personal Conveyance at all.” – John Seidl, Reliance Partners

Timothy D. Brady © 2018

To contact Brady, go to www.timothybrady.com