Driver Off Duty Wants To Personal Conveyance Home

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Crystal C.'s Comment
member avatar

I have a driver that will be a couple hours from home when he hits running out of hours for the day (70 hrs, not daily 14) He will be unloaded and not currently hauling anything for my company. I have offered to buy him a hotel room for tonight for him to finish up tomorrow morning. He is a hotshot driver. Ram 3500 and 40 ft trailer so there is no sleeper. If I have performed my duty as the business owner i.e. offering to pay the hotel and he is finished working for me for the day and unloaded, will I get in trouble if he decides to drive on home tonight?

Anne A. (G13Momcat)'s Comment
member avatar

I have a driver that will be a couple hours from home when he hits running out of hours for the day (70 hrs, not daily 14) He will be unloaded and not currently hauling anything for my company. I have offered to buy him a hotel room for tonight for him to finish up tomorrow morning. He is a hotshot driver. Ram 3500 and 40 ft trailer so there is no sleeper. If I have performed my duty as the business owner i.e. offering to pay the hotel and he is finished working for me for the day and unloaded, will I get in trouble if he decides to drive on home tonight?

Howdy, Crystal ~

This is such a touchy subjct; always is. Did you use our search bar above, or our 'tags' function to search within this forum?

Also; here's another link:

Personal Conveyance

Theoretically, he 'should' stay at a hotel on the 'way to' his home or the next 'shipper' if there is one. My husband's company often allows him to use PC to drive the last hour or so home (because it IS on the way to his yard from his last stop, and not out of the way.)

Best of luck; let us know what y'all decide(d!)

~ Anne ~

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.

Big Scott (CFI's biggest 's Comment
member avatar

Where would he be dispatched for his next load from? If it is home then he can't use PC. If he goes from home to a dispatch point, like a terminal or customer, then he could PC home and drive on duty out. If he is driving a company vehicle you can require him to stay in the hotel. If he didn't run his 70 out to quick he may have recap hours coming back at midnight.

Hope that helps. There is a lot of grey in the PC law.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

Old School's Comment
member avatar

Crystal, I am late to answer this and it is probably already resolved at this point, but I wanted to give you some information from the FMCSA website. There is a lot of confusion over this provision, but it really isn't that difficult. In the scenario you described, your driver is perfectly legal to go home under the PC provision.

Here is a quote from the FMCSA's site...

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.

You made this comment in your description of what was going on...

He will be unloaded and not currently hauling anything for my company.

That comment certainly sounds like he is "relieved from work and all responsibility for performing work for you."

I apologize for missing this earlier, but hopefully the information will help you, and/or others, at a later date.

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.
Jammer a's Comment
member avatar

I agree with old school I made delivery lumpers ran my clock out dispatch said I’m empty and goin on home time p.c home I was 200 miles away I had no problems I just got dot inspected the other day no probs

Crystal, I am late to answer this and it is probably already resolved at this point, but I wanted to give you some information from the FMCSA website. There is a lot of confusion over this provision, but it really isn't that difficult. In the scenario you described, your driver is perfectly legal to go home under the PC provision.

Here is a quote from the FMCSA's site...

double-quotes-start.png

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.

double-quotes-end.png

You made this comment in your description of what was going on...

double-quotes-start.png

He will be unloaded and not currently hauling anything for my company.

double-quotes-end.png

That comment certainly sounds like he is "relieved from work and all responsibility for performing work for you."

I apologize for missing this earlier, but hopefully the information will help you, and/or others, at a later date.

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.
Crystal C.'s Comment
member avatar

Thanks for getting back to me everyone. Both of his unloads Friday were super quick and he actually made it fully home with 30 minutes to spare. We live in a small town in OK so everything coming or going is minimum around a 50 mile dead head. His last stop this time was Rogers, AR so a fairly decent dead head but I was trying to get him home for Easter. I would actually allow him to take the truck and trailer home, but he lives in a small neighborhood in town with no where he could possible park it. What he does is drives about 10 miles out to my house out in the country, then gets in and heads to his first load from there. So any time he is coming home, technically he comes to my house first (which is also the business address) then heads home. Although I can see this definitely happening again in the future.

Turtle's Comment
member avatar

It's all in the details...

What he does is drives about 10 miles out to my house out in the country, then gets in and heads to his first load from there. So any time he is coming home, technically he comes to my house first (which is also the business address) then heads home.

With that extra bit of information, your driver's PC use now falls squarely in the "not allowed" category.

1- Continuation of a trip beyond DOT hours to reach a terminal is forbidden. Your house is the terminal.

2- Continuation of a trip to reposition equipment is forbidden.

3- Enhancing the operational readiness of the equipment is forbidden. By bringing the truck back to the origin of dispatch, he is doing just that.

No gray area here, in my opinion. In your scenario, he would only be allowed to PC from your house to home, and back to your house.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

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.

Crystal C.'s Comment
member avatar

@Turtle - See that was my original thinking on the subject as well. But how do I keep him from coming home if he is that close and bound and determined to come on home?

I also found out from my ELD company Monday, that when the truck is home to just unplug the ELD. It is a Ram 3500 and I was trying to setup myself and my Husband as drivers in the system but exempt for logs as we do not need a CDL to operate when taking for oil changes, etc when it is not hooked to a trailer. In their software, the exempt option was greyed out, and when I called them about it, they said when it is on Personal Conveyance, or we are driving, etc to just reach down and unplug the ELD. That felt sketchy to me, but if I don't, there will be events in the system with no driver to assign them to. Which did occur Monday because I called the ELD support Friday and they did not get back to me until I called again Monday.

My driver is 45 with well over 20 years experience, but this is his first time running electronic logs. The last several years he's either been running wreckers or dump trucks locally.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Electronic Logs:

Electronic Onboard Recorder

Electronic Logbook

A device which records the amount of time a vehicle has been driven. If the vehicle is not being driven, the operator will manually input whether or not he/she is on duty or not.

Sid V.'s Comment
member avatar

Crystal, be aware that you can not just unplug the eld. The eld will continue to log if it's not plugged in or not.

If you're the administrator, you need to look for "unidentified time" and the driver has to claim it and it will automatically insert it into his log.

If your eld is telling you to unplug it, that's not a good sign, make sure they are approved by the fmcsa.

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

Dm:

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.

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.
Rob T.'s Comment
member avatar
If you're the administrator, you need to look for "unidentified time" and the driver has to claim it and it will automatically insert it into his log.

This is correct. With the gig I run we have mechanics and guys that drive it to the on-site fuel island after I've logged out and went home for the day. In the system it flags that the truck has unassigned drive time. Someone in our office goes through every event and marks the reason for it. There have been a couple times where it picked up movement but my logs didn't kick over to driving immediately. The next day or so when they reviewed unassigned drive time that movement was edited into my logs which I needed to approve.

Dm:

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.
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