Moving Words – Personal Conveyance

Timothy Brady

“Time abides long enough for those who make use of it.” – Leonardo da Vinci

 In the majority of the trucking industry the focus for the driver seems to be miles driven, not emphasizing time. In the moving industry, time is far more critical than miles driven in a day. This is best expressed by Scott Michael, CEO of the American Moving and Storage Association, in his statement regarding the New HOS Rules which go into effect September 29, 2020. Michael said, “The operational demands of the household goods transportation industry are unique in that our motor carriers spend a majority of their ‘duty time’ outside the truck by interacting with the consumer, taking inventory of the items, and wrapping and securing their shipment for travel.”

Under the old rule, regardless of how well a van operator planned his/her day there would be unexpected delays and changes occurring at the shipper’s residence, making compliance  to the old 14-hour rule very difficult. And under the old rule, van operators would be forced many times to leave their semi tractor-trailers parked at the residence overnight, even though the truck was loaded and ready to travel to the next shipper’s residence or head on to destination. This created a safety concern in the residential neighborhood, reducing traffic visibility for morning commuters headed to work and children boarding buses for school the following morning. It also presented a security risk to the shipments on board the truck, inviting theft and damage to the shippers’ belongings. Not to mention the inviting ‘playground’ a semi-truck and trailer present to the children in the neighborhood. Added to all this, local laws and Home Owner Associations rules often prohibited overnight parking of commercial vehicles in many neighborhoods. This meant the van operator had to cut loading/unloading short, in order to have time under the 14-hour rule to move the truck to a legal, safe location and return the next day to finish the job. This created logistic challenges for both the movers and the shippers. This also caused real economic harm to families closing on the sale of a home, delaying pre-booked travel, or the start of new employment.

Enter the new ‘Personal Conveyance.’
According to the FMCSA Website:

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

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. 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. Personal conveyance does not reduce a driver’s or motor carrier’s responsibility to operate a CMV safely. 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.

Examples of Appropriate Uses of a CMV While Off-duty for Personal Conveyance
The following 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 enroute lodging (such as a motel or truck stop) to restaurants and entertainment facilities.
  2. Commuting between the driver’s terminal and his/her residence, between trailer drop-lots and the driver’s residence, and between work sites and his/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 so 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. Time spent transporting personal property while off-duty.
  6. Authorized use of a CMV to travel home after working at an offsite location.

Examples of Uses of a CMV that Would Not Qualify as Personal Conveyance
The following are 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 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. 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 to pick up another towed unit.
  3. 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.
  4. Time spent transporting a CMV to a facility to have vehicle maintenance performed.
  5. 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.
  6. Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.

Note: It’s up to each carrier, van line and agent to establish personal conveyance limitations for their van operators 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.

“Don’t wait. The time will never be just right.” – Napoleon Hill

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