Change To FMCSA Allows Personal Conveyance To Find Parking? Anyone Have More Info?

Topic 23261 | Page 1

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Grumpy Old Man's Comment
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Found this at Parking Project

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JuiceBox's Comment
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Company policy will dictate PC moves. Some companies do not allow it at all and do not have the option on their QC. My company allows 30 minutes of PC per day. When 30 minutes is up, I am automatically kicked on to the drive line.

Grumpy Old Man's Comment
member avatar

This appears to be a real thing:

Overdrive

Official FMCSA link

"FMCSA Response The movement from a shipper or receiver to the nearest safe resting area may be identified as personal conveyance, regardless of whether the driver exhausted his or her HOS , as long as the CMV is being moved solely to enable the driver to obtain the required rest at a safe location. The Agency recognizes that the driver may not be aware of the direction of the next dispatch and that in some instances the nearest safe resting location may be in the direction of that dispatch. If the driver proceeds to the nearest reasonable and safe location and takes the required rest, this would qualify as personal conveyance. FMCSA recommends that the driver annotate on the log if he/she cannot park at the nearest location and must proceed to another location."

It also says you can use personal conveyance laden or unladen.

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Grumpy Old Man's Comment
member avatar

Company policy will dictate PC moves. Some companies do not allow it at all and do not have the option on their QC. My company allows 30 minutes of PC per day. When 30 minutes is up, I am automatically kicked on to the drive line.

It appears you can use Off Duty Status:

"FMCSA Response Personal conveyance is an off-duty status. Therefore, there are no impacts to the 11- or 14-hour limitations for truck drivers, the 10- or 15-hour limitations for bus drivers, the 60/70-hour limitations, the 34-hour restart provisions, or any other on-duty status."

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Grumpy Old Man's Comment
member avatar

"6. The CMV can be loaded or empty during personal conveyance.

In a key change under this new guidance, a commercial motor vehicle can be laden or unladen during personal conveyance. It now means that straight trucks can be part of this as well; before, since those can't unhitch from their trailer and cargo, straight trucks weren't allowed to be used for personal conveyance.

"The revised guidance allows these vehicles, under the circumstances described in the guidance, to be driven as a personal conveyance," FMCSA noted. Similarly, a semi-truck doesn't need to be unhitched from its trailer or be pulling an empty trailer for a personal conveyance, as would be the case in the scenario discussed in No. 5 above.

Putting it succinctly, FMCSA stated, "This guidance now applies regardless of whether the vehicle is laden. However, the requirement for the driver to be off duty still exists.""

Source

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CSA:

    Compliance, Safety, Accountability (CSA)

    The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

    FMCSA:

    Federal Motor Carrier Safety Administration

    The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

    What Does The FMCSA Do?

    • Commercial Drivers' Licenses
    • Data and Analysis
    • Regulatory Compliance and Enforcement
    • Research and Technology
    • Safety Assistance
    • Support and Information Sharing

    CMV:

    Commercial Motor Vehicle

    A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
    • Is designed or used to transport 9 or more passengers (including the driver) for compensation
    • Is transporting hazardous materials in a quantity requiring placards

    Fm:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

    HOS:

    Hours Of Service

    HOS refers to the logbook hours of service regulations.
Big Scott's Comment
member avatar

Here is a link to the FMCSA site that is not a download. Your company's policy may differ.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Grumpy Old Man's Comment
member avatar

Here is a link to the FMCSA site that is not a download. Your company's policy may differ.

I've seen posts on here arguing about finding a place to sleep when they run out of hours and couldn't sleep at a shipper. I would think a company would allow it in those cases, since it really isn't personal conveyance except in wording. It benefits them, it would be silly to refuse. Of course, companies do silly things all the time.

But from those posts, some claiming the adverse conditions rule to get to a place of rest, it appeared to me no one is aware of the change which is why I brought it up.

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Brett Aquila's Comment
member avatar
since it really isn't personal conveyance except in wording. It benefits them, it would be silly to refuse.

For companies that have billions in revenue the legal ramifications are surely beyond what the average person would expect. It's not as simple as, "Why not do it?" There are big lawsuits awaiting around every turn for these carriers. They have a lot to consider.

Turtle's Comment
member avatar
it appeared to me no one is aware of the change which is why I brought it up.

I can't remember the exact thread, but we discussed this change at length on the very day it happened. It never hurts to keep discussing though, to clear up any confusion.

Grumpy Old Man's Comment
member avatar

double-quotes-start.png

since it really isn't personal conveyance except in wording. It benefits them, it would be silly to refuse.

double-quotes-end.png

For companies that have billions in revenue the legal ramifications are surely beyond what the average person would expect. It's not as simple as, "Why not do it?" There are big lawsuits awaiting around every turn for these carriers. They have a lot to consider.

That makes sense. It is legal, which would lessen the risk, but lawyers will be lawyers. But what is the alternative? If you are held at a shipper until you are out of hours, and they won't let you stay, you really have no choice. At least it is legal.

To Turtle:

I didn't see that thread, I guess. I did see two where using the "safe haven" or "adverse conditions" rule was being discussed as being applicable, and the consensus was neither is, except in the case of unforeseen conditions, which would not include being held at a shipper. I'll have to search for the thread.

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

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