Fmcsa personal conveyance laws drivers#
Fmcsa personal conveyance laws driver#

Fmcsa personal conveyance laws driver#

What if a driver determines that the nearest location to rest is inadequately lit or otherwise unsafe, so he or she proceeds to the next location that happens to be closer to his or her next loading or unloading point? What if the driver passes up multiple locations that he or she determines are not “reasonably safe”? What is a “nearby, reasonably safe location” will inevitably vary from driver to driver. But, if the driver were to pass the nearest safe parking spot in order to get to another location that is closer to the next delivery or pickup, that is advancing the load/job and would not be a proper use of personal conveyance status. If the driver at that point goes off duty and moves the CMV under personal conveyance to the nearest safe parking spot to continue required off-duty time, that would be a legitimate use of personal conveyance under the guidance. The driver is then told to leave the property. The guidance does not define what is a “nearby, reasonably safe location to obtain the required rest,” nor does it define what is deemed to “enhance the operational readiness” of the motor carrier, other than to say that a driver may not bypass available resting locations in order to get closer to the next loading or unloading point or other scheduled motor carrier destination.ĭrivers often cite a scenario where they are delivering or picking up a load at a shipper or carrier and it takes longer than planned, using up the driver’s available hours of service. (4) Moving a CMV at the request of a safety official during the driver’s off-duty time. (3) Commuting between the driver’s residence and terminal, trailer-drop lots, and work sites and (2) Time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities (1) Traveling to a nearby, reasonably safe location to obtain required rest after loading or unloading The guidance gives the following examples of appropriate uses of a Commercial Motor Vehicle (CMV) for personal conveyance: Generally speaking, under the new guidance, a driver can operate a laden vehicle for personal reasons without running afoul of the hours of service regulations as long as the purpose of the operation is not to “enhance the operational readiness” of the motor carrier.

Fmcsa personal conveyance laws drivers#

Although the guidance will give drivers greater flexibility, the subjective language in the guidance will likely give rise to further disputes in the tort and insurance coverage arenas. The guidance updates a 1997 policy requiring the trailer be empty before the vehicle could be used as a personal conveyance. Effective immediately, the FMCSA will allow drivers to enter into personal conveyance status-whether the truck is loaded or not-for certain purposes after their hours of service are exhausted. The Federal Motor Carrier Safety Administration (FMCSA) recently issued new guidance regarding the use of “personal conveyance” status.