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Feds seeking comments on commercial vehicle off-duty ‘personal conveyance’

Tuesday, December 19, 2017

The Federal Motor Carrier Safety Administration is proposing to revise the regulatory guidance concerning riving a commercial motor vehicle (CMV) for personal use while off-duty, referred to as ‘‘personal conveyance.’’ This provision is available to all CMV drivers required to record their hours of service (HOS) who are permitted by their employer to use the vehicle for personal use. The Agency requests public comments on the guidance and its economic impact. Comments are due by January 18, 2018.

To comment visit the Federal Register’s web page on the issue here.

Summary From FMCSA:

“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:

  1. 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.”