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FedEx Freight | FMCSA Guidance on "Personal Conveyance" (off duty).

SwampRatt

SwampRatt

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IMPORTANT-FedEx policy allows this, but should be more clear and widely known.

10 things to know about personal conveyance

http://www.fleetowner.com/regulatio...m=email&elq2=5dc77db97a8349aeb21e7b0d2f697bf9


"For the first time in more than 20 years, the federal agency responsible for motor carrier regulation has issued official guidance on personal conveyance. That's where a commercial truck or bus driver can operate the vehicle while off duty and isn't subject to on-duty hours restrictions."

A couple of highlights:

1. This is not a requirement — it's up to the carrier whether to allow personal conveyance of the commercial motor vehicle (CMV).

2. If the carrier does allow personal conveyance, there are no limits that must be placed on it.

10. A commute with the truck to and from the terminal or similar location, if allowed by the carrier/ employer, can be personal conveyance.

*Worth reading and knowing, IMHO. It solves many issues, but also raises a couple of questions that we can get into later...

The official version, if you prefer:
https://www.fmcsa.dot.gov/sites/fmc...v-personal-conveyance-regulatory-guidance.pdf
 
Thought about this yesterday. I'm coming home from a run to my home terminal. My car is there. If I run out of hours can I finish my run using PC? The fact that the load I'm carrying is going to my home terminal is irrelevant. If I can get there and park my load, I'm done for the day and can go home.
 
5. The purpose of a personal conveyance move has to be, after all, personal.

In addition to taking place while off duty, a personal conveyance of the CMV cannot advance a load being carried or the driver's job in some way. If it does, that's on-duty driving time, not personal conveyance. FMCSA also referred to this point in the guidance as whether a move "enhances operational readiness." We were told that PC was tractor only and must drop trailer.
 
The Point said:
5. The purpose of a personal conveyance move has to be, after all, personal.

In addition to taking place while off duty, a personal conveyance of the CMV cannot advance a load being carried or the driver's job in some way. If it does, that's on-duty driving time, not personal conveyance. FMCSA also referred to this point in the guidance as whether a move "enhances operational readiness." We were told that PC was tractor only and must drop trailer.
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Number 2 is what I'm interested in:

(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.
2. Commuting between the driver's terminal and his or her residence, between trailerdrop 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.
 
The Point said:
5. The purpose of a personal conveyance move has to be, after all, personal.

In addition to taking place while off duty, a personal conveyance of the CMV cannot advance a load being carried or the driver's job in some way. If it does, that's on-duty driving time, not personal conveyance. FMCSA also referred to this point in the guidance as whether a move "enhances operational readiness." We were told that PC was tractor only and must drop trailer.
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Oh, and you're still basing your answer on the old rules and not the updated ones.
 
Obviously this would NOT include a VIA or stops mandated by the company in-between. I really think that if we run out of time to our "HOME" terminal we can PC this the rest of the way.
 
dsh69 said:
. I really think that if we run out of time to our "HOME" terminal we can PC this the rest of the way.
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I disagree, based on this part:

"But if the driver were to pass the nearest safe parking spot in order to get to another location that's closer to their next delivery or pickup, that's advancing the load/job and is NOT personal conveyance. DeLorenzo emphasized "safe, reasonable" parking for the truck several times, urging drivers and carriers to use good judgment."

But, if the driver plans ahead and uses the PC option earlier, like when (seeking to, or) taking their 30 min. break, then yes, It could buy the extra time needed.

Example: driver pulls over and stops, makes the off duty-PC entry, then drives to a suitable (parking) lunch location, place to shop, goes to the bank-post office, whatever... Then all of that time counts as off duty (personal). This would/could buy some time against the 11 hour rule, but not the 14.

The key here is what could be considered reasonable. 50 miles, non-stop, directly towards the destination does NOT seem reasonable.
 
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SwampRatt said:
We were NOT told this.

If that were the case, what happens with the drop/hook/additional pre-trip time? THAT is, without question, on-duty.
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Not sure what happens as we were encouraged to not use it. Different terminals have different policies like we continually find out about.
 
Redracer3136 said:
We were told the same thing, PC is for bobtail only....hmmmm :scratchhead:
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PC "USED TO BE" for bobtail only. The rules have changed. The old rules said to use PC if one was "unladen". Oh, God. Like as a European or African swallow? That could mean anything from an empty trailer to bobtail. Most companies erred on the side of caution and mandated it meant bobtail.

The new rules throw-out the "unladen" requirement.

I know what you're saying Swampratt about going to the nearest rest area but my point remains: If I'm going to my home terminal to drop my set and go home, I should be allowed to continue.

Obviously some distance or time requirement would need to be established.
 
dsh69 said:
PC "USED TO BE" for bobtail only. The rules have changed. The old rules said to use PC if one was "unladen". Oh, God. Like as a European or African swallow? That could mean anything from an empty trailer to bobtail. Most companies erred on the side of caution and mandated it meant bobtail.

The new rules throw-out the "unladen" requirement.

I know what you're saying Swampratt about going to the nearest rest area but my point remains: If I'm going to my home terminal to drop my set and go home, I should be allowed to continue.

Obviously some distance or time requirement would need to be established.
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If your being compensated for the miles how do you figure it's off duty, DOT would think they had died and gone to heaven, especially if you are involved in an accident.
 
All of the misunderstanding come from a lack of communication on the part of the carrier. This highlights number 3...

3. Carriers should be clear on their personal conveyance policy.

As complex an issue as personal conveyance can become, it's a good idea for carriers to spell out their position on it clearly with their drivers.
 
Redracer3136 said:
We were told the same thing, PC is for bobtail only....hmmmm :scratchhead:
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I'm not saying that y'all are wrong on the bobtail being a company requirement. It may well be. If so, it makes absolutely no sense and should be changed for a couple of reasons.

1) It was likely designed originally to allow the road driver to travel to and from a motel, for obvious reasons. It also allows for a city driver, when sent to another center to assist (in an understaffed situation), to commute to and from the motel, in the tractor they brought along.

2) The scope of the provision is much more far reaching and beneficial than the above, limited use.

3)The ability to move the vehicle, while off duty (lunch), for any reason, without being kicked to on-duty. The ELD (actually AOBRD) is far more sensitive to movement, and will eliminate the elapsed off duty time.

4) There would be no way to move a parked tractor trailer if bobtail only were, in fact, the policy.

5)The bobtail only position would negate the provision of #9 since you would have to return to the original location, obviously.

9. The driver does not have to return to the last on-duty location after a personal conveyance.

FMCSA clarified in the guidance that there is no requirement that the driver return to his or her last on-duty location after a personal conveyance move.

"A driver may resume on-duty status immediately after an off-duty status, regardless of the location of the CMV," the agency stated.

When we were told of the (then new) added option, the observation was made that, for a city driver, the default selection for a lunch break should be off-duty (PC), unless there was zero chance that the truck would need to be moved.

I'll see if I can get a hold of "the actual policy", so we can end the speculation, and/or attempt to change the policy.
 
For those that use the tractor to go to and from the motel, how do you handle the required pre trip/post trip on the tractor? That must be considered on-duty. Minor (non) issue to me, but could be significant, from a legal stand point, in terms of "policy". :scratchhead:
 
SwampRatt said:
For those that use the tractor to go to and from the motel, how do you handle the required pre trip/post trip on the tractor? That must be considered on-duty. Minor (non) issue to me, but could be significant, from a legal stand point, in terms of "policy". :scratchhead:
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For road drivers, our pre/post-trip compensation is factored into our fixed task pay so we’re compensated regardless of when we actually preform the duty. For me, I pre/post- trip the tractor in the hotel parking lot eventhough I was compensated and showed “on duty” while on the yard.
 
SwampRatt said:
I'm not saying that y'all are wrong on the bobtail being a company requirement. It may well be. If so, it makes absolutely no sense and should be changed for a couple of reasons.

1) It was likely designed originally to allow the road driver to travel to and from a motel, for obvious reasons. It also allows for a city driver, when sent to another center to assist (in an understaffed situation), to commute to and from the motel, in the tractor they brought along.

2) The scope of the provision is much more far reaching and beneficial than the above, limited use.

3)The ability to move the vehicle, while off duty (lunch), for any reason, without being kicked to on-duty. The ELD (actually AOBRD) is far more sensitive to movement, and will eliminate the elapsed off duty time.

4) There would be no way to move a parked tractor trailer if bobtail only were, in fact, the policy.

5)The bobtail only position would negate the provision of #9 since you would have to return to the original location, obviously.

9. The driver does not have to return to the last on-duty location after a personal conveyance.

FMCSA clarified in the guidance that there is no requirement that the driver return to his or her last on-duty location after a personal conveyance move.

"A driver may resume on-duty status immediately after an off-duty status, regardless of the location of the CMV," the agency stated.

When we were told of the (then new) added option, the observation was made that, for a city driver, the default selection for a lunch break should be off-duty (PC), unless there was zero chance that the truck would need to be moved.

I'll see if I can get a hold of "the actual policy", so we can end the speculation, and/or attempt to change the policy.
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We were originally told bobtail only more for the transportation to lunch option, otherwise we would’ve had guys going to “pc” while driving down the highway while claiming they were “on lunch”.
 
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