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screenshot of Federal Register post

As you likely have heard, effective June 7, 2018, the Federal Motor Carrier Safety Administration (FMCSA) has relaxed the protocol for drivers to enter personal conveyance as an ‘off duty’ status. Read more about the provision in detail here.

Personal Conveyance recording.

Listen to the presentation about Personal Conveyance or download the PDF of the presentation here.

This privilege is now afforded to a driver to find the nearest safe parking or rest location after their hours of service for a number of reasons outside their control. It could be due to a delay in being loaded at point of origin, or in those cases when a driver arrives at their final destination, but is now in the queue to back into a loading dock to unload the cargo. 

A driver can also claim personal convenience if an off-duty period is interrupted by law enforcement that requires the driver to move his commercial motor vehicle (CMV).

 

Historically, personal conveyance use in the U.S. was only prescribed in those specific instances where an unladen truck was moved for personal use, outside the realm of any commerce.

In the new world, personal conveyance will continue to have no commerce involved, but the CMV can now be either loaded or emptied. Further, when a driver proceeds to the nearest reasonable and safe location and takes the required rest under the HOS rules, this movement will now qualify as personal conveyance. Such use will also not affect either the driver’s on-duty or the driving maximum time under HOS.

Any driver using personal conveyance for these purposes is urged to annotate the specific purpose for selecting this off duty status in the remarks section of the log should the motor carrier be subsequently audited. Equally important is for the motor carrier to have a clear and transparent written personal conveyance policy for driver use, if questioned by law enforcement.

Personal conveyance was never prescribed as an option in regulation, but was merely a FMCSA guidance. This continues to be the case with this change. Therefore, personal conveyance continues to be a privilege that a motor carrier can allow a driver to use or not depending on their circumstances. 

If a motor carrier decides to allow personal conveyance, there are no limits that must be placed on a driver in the U.S. For motor carriers in Canada, please note that this protocol is managed quite differently. 

Firstly, the privilege is prescribed in regulation as ‘personal use’. A driver in Canada can elect to be off-duty on personal use when they drive a commercial motor vehicle only if:

  1. He or she is driving the vehicle for personal use that has no commercial purpose;
  2. The vehicle has been unloaded;
  3. Any trailers have been unhitched;
  4. Driving is restricted to no more than 75 kilometres in a day;
  5. An entry is made in the “Remarks” section of the daily log or on the time records, stating that the driver used the vehicle for personal use.
  6. Driver must indicate the odometer readings at the start and the end of the personal use driving.

 

Stay safe, folks!

 

The above information is for informational purposes only, and should in no way be relied upon as legal advice.

  Jun 11, 2018     Marc Moncion

Moncion-Marc

Marc Moncion

Marc is the Head of Safety, Compliance & Regulatory Affairs at Fleet Complete. He is an author and industry subject matter expert who has worked in numerous senior transportation management roles for over 25 years, including an Inspector for the MTO. Marc sits on several Federal/State/provincial regulatory bodies and frequently provides commentary on emerging technology, best practices and regulatory affairs. In addition, Marc is a commercial driver's licence (CCD) holder and can drive all types of commercial vehicles in North America.

Get to know Marc here!

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Ask The Expert - Guy Broderick (Driver trainer)

 

Guy Broderick linkedin2

Guest Expert - APPS Transport Group

Guy is a Driver Recruiter/Training Supervisor and Social Media Specialist at APPS Transport Group. Certified under the WSIB guidelines and a member of JHSC, Guy is an integral force behind the company's impeccable driving record. The APPS Safety Team has achieved the highest rating of Commercial Vehicle Operator Registration (CVOR) given by the Ministry of Transportation in Ontario. Since 2010, Guy has written for and contributed to numerous publications and associations, as well as has been elected as Chair of Ontario College of Trades Tractor Trailer Driver Trade Board, recently re-elected as Chair for the TTSAO Carrier Group, has sat on numerous provincial industry committees and is a Award Winning Driver recognized on both sides of the border.

 


 

Ask The Expert - Brayn Levi Gomez (professional installer)

 

Brayn Gomez  linkedin2

Guest Expert - Certified Professional Installer

Brayn transformed his passion and hobby of installing multimedia devices and car kits in luxury vehicles into a career in 2004. Since then, Brayn has installed thousands of electronics and GPS systems in a variety of vehicles and machines with or without a power source, even on bicycles. Bryan provides professional installation, re-installation and on-site technical services to Fleet Complete customers. Throughout his career, Brayn has encountered the effects of improper GPS system installation on the integrity of the vehicle and driver's safety, and offers his insights and tips to help ensure fleet managers and technicians are using best practices to install GPS equipment in their vehicles.