Personal Conveyance Clarification

Topic 32807 | Page 1

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DallaStrong's Comment
member avatar

Can i use personal conveyance on the same day of my pickup? I have a pick up at 1400, but I also need to go to walmart before hand. I don't want start my clock until I am close to being ready for P/U. The walmart I'm going to is headed in the direction of my P/U. I would shutdown at the walmart until ready to actually leave later in the day. My question is would I be misusing PC in the eyes of DOT/FMCSA?

Thanks for the help.

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.
Rob T.'s Comment
member avatar

That's misusing PC even though that may not be your intent. If you go to Walmart you would need to return to your current location prior to going on duty to head to your pickup due to it being the direction you'll be headed.

PJ's Comment
member avatar

This is a huge gray area in the guidance. They purposely left it vague. It is very much subject to interpertuation.

Personally I would do it and not worry about it. There could be a case made both ways.

IE your going shopping and that is certainly not work related.

The other way, an arguement could be made your futhering the load because your going that direction.

If you didn’t happen to see that dispatch before you went to walmart it wouldn’t be furthering a load at all…

DOT looks at what is reasonable, some field officers may not be so reasonable, its always a roll of the dice.

Bigger question what is your company policy???

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.

ID Mtn Gal's Comment
member avatar

This video is done by John Seidl, a 23 yr DOT/Federal Inspector and Instructor.

Just copy and paste this YouTube link and listen to it. There are 4 valid reasons for Personal Conveyance:

https://youtu.be/4ODK3595Xa8

Laura

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.

BK's Comment
member avatar

I use PC on a regular basis and I know I really am liberal, but my company doesn’t say anything, so I try to be a good boy most of the time, but I am a sinner at times.

One thing I just recently learned is that I can’t use PC when I have drive time left on my clock. So, I’ve been observing that rule. But I agree with PJ that there seems to be many versions of the truth when it comes to PC

PJ's Comment
member avatar

I watched the link. Very good info!! Thanks Laura

Robert B. (The Dragon) ye's Comment
member avatar

That's misusing PC even though that may not be your intent. If you go to Walmart you would need to return to your current location prior to going on duty to head to your pickup due to it being the direction you'll be headed.

The requirement to return to the point of origin was dropped.

Rob T.'s Comment
member avatar

double-quotes-start.png

That's misusing PC even though that may not be your intent. If you go to Walmart you would need to return to your current location prior to going on duty to head to your pickup due to it being the direction you'll be headed.

double-quotes-end.png

The requirement to return to the point of origin was dropped.

Even if they're using PC going to a location that will put the driver closer to their pickup/delivery? Even if it isn't their intent it's still furthering their load or repositioning their vehicle which will save them time on their clock. I agree with the others though the law has gray areas. I've only had to use PC once to get to a hotel when I ran out of hours in a dock. Although I did head in the direction towards our DC but that was the nearest hotel with vacancy and could accommodate trucks in my search. It's just not something I use in my line of work, just the way I interpreted the regulations surrounding it.

PackRat's Comment
member avatar

If he already has a known dispatch, the PC to a point THAT ADVANCES THE TRIP cannot be utilized. Ever.

Just do the driving as normal, especially since it's on the way. Stop at the WM, shop while off duty, then continue the trip. 11 hours on Duty/Driving in a 14 hour day leaves 3 hours for things like this. Don't give the inspector or your employer reasons to question your logs and actions. Do it the legal way and there's no gray areas to think about.

Chief Brody's Comment
member avatar

As PJ correctly points out, the problem with understanding personal conveyance, involves the lack of clear guidance from the FMCSA.

Therefore people develop their own idea of what qualifies as personal conveyance which in some circumstances actually contradicts the limited guidance that the FMCSA has given.

You don't need to have exhausted your driving hours in order use personal conveyance. In addition, moving in the direction of your next load does not necessarily constitute an illegal use of the personal conveyance.

See the quote below from the FMCSA on the Federal Register which is linked below as well.

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.

https://www.federalregister.gov/documents/2018/06/07/2018-12256/hours-of-service-of-drivers-of-commercial-motor-vehicles-regulatory-guidance-concerning-the-use-of-a

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

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.
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