Personal Conveyance

As I'm still trying to understand PC, I came across this website that states this as an example on how to use PC, but on the other hand I noticed the FMCSA Website (Question 6) states the contrary. Would anyone happen to know if this example is valid?

It not contray at all. The example specifically states the driver just got loaded. That is the key nexeus.

I will comment on this more later, but I totally disagree with the proposed he's a personal conveyance in the first example.

If you are trying to understand personal conveyance better, I would look at the frequently asked questions with regards to adverse conditions, which I think are more appropriate in the circumstance described in example above.

This isn't an example of valid use of PC. In situations where a driver experiences adverse driving conditions en route to his/her destination (whether parking or otherwise), the driver can have his/her clock extended up to 2 hours. This may or may not apply to a traffic delay. If it's during rush hour when traffic delays are commonly expected, the driver has the responsibility to anticipate this when planning where to park. It may or may not apply to weather causing a delay. For example, if the adverse weather causing the delay is a storm that the driver could have been informed about when trip planning, it's the driver's responsibility to plan accordingly. In that example provided, if the delay is something that the driver should have been able to account for when planning where to park when starting, then the driver is violating hours of service, if his/her clock runs out. Trying to use PC to prevent that violation is falsifying logs, which is worse than going over hours to park safely.

PC is something that FMCSA is quite vague on, except for a couple of things. One of those is that PC is not to be used to extend a driver's clock.

The better use of PC in this instance COULD be to PC from the shipper to the closest place to park. Yes, there is time available to drive, but if it's like 17:00 on a weekday and the route takes a driver through a high traffic area, 2 hours of drive time is too little and risks a violation. It would be much better to park and get a reset. Then the driving can take place when there is substantially less traffic and no delay.

It would be much better to park and get a reset.

I should have said park and get a 10-hour break.

I may be little redundant as to what Ryan said, but here's my further comment.

First, the scenario posted above involves a traffic delay, which the regulation on adverse driving conditions specifically includes. See the link below. Thus, using PC when the FMCSA specifically addressed traffic delays under the adverse driving conditions is just plain wrong. When you have either unexpected weather or traffic that delay you, you MUST you the adverse driving condition exception.

Second, you have to remember the personal aspect of personal conveyance, which is why the FMCSA did not address unexpected weather or traffic delays under PC. PC is for the driver's personal reasons and is an off-duty status. I want to go to a restaurant. I made it to the rest area within my drive hours, but I want to go to a truck stop for a shower. I want to go to Walmart for shopping. None of these have any business purpose to my company. The adverse driving condition exception involves a circumstance where the FMCSA allows driving beyond the 11/14 hour clocks for the company's business purpose. The example above involves driving for the company's business purpose; it does not involve personal reasons for the driver.

An interesting aspect of adverse conditions, is the time and distance aspect in relation to the unexpected traffic or weather delay. This is different than PC where you are supposed to drive to the closest place to get rest if you get stuck at a shipper or receiver after you run out of hours. IN the FMCSA's example in the link below the drivers stops in the middle of the day to wait one hour for the road conditions to clear, and then drives 5 hours after that. AND, according the the example, the driver was not sitting in traffic for an hour. He was off-duty at a rest area for an hour.

So, logistically, how do you use adverse driving conditions exemption. Contrary to the example in the OP's post, you don't use PC. You just keep on driving while you're Qualcomm tells you have have violated the HOS , and then make an annotation to that drive time of an unexpected weather or traffic delay.

FMCSA Adverse Driving Conditions

Hopefully this doesn't sound snide, but I would think trip planning includes checking not just weather on your route but in the whole region you will be in as well as national trends for the week.

Any time I've gotten into weather was because I made a judgment call on running or not, and I chose to run despite the risks. It usually doesn't happen because I dive into multiple sources of forecasts and models and am very conservative in making the choice.

I've gotten caught in traffic unexpectedly, but again, with a CB, and multiple gps and an atlas, if I had to, I could alternate routes. If it's too bad, I'll just park early, use split berth, somewhere and communicate with my DM on it, reschedule if needed.

No matter what the law is, a company may have different rules. Some companies don't give you an option to PC, some require permission from logs or dispatch.

Hopefully this doesn't sound snide, but I would think trip planning includes checking not just weather on your route but in the whole region you will be in as well as national trends for the week.

Any time I've gotten into weather was because I made a judgment call on running or not, and I chose to run despite the risks. It usually doesn't happen because I dive into multiple sources of forecasts and models and am very conservative in making the choice.

I've gotten caught in traffic unexpectedly, but again, with a CB, and multiple gps and an atlas, if I had to, I could alternate routes. If it's too bad, I'll just park early, use split berth, somewhere and communicate with my DM on it, reschedule if needed.

Taking an extra 30 minutes to an hour to utilize every available resource can save hours in potential delay and rescheduling, plus increase earning potential when pre-planned loads aren't missed, etc, etc.