Notes on Proper and Improper Use of Personal Conveyance under ELDs
In May, the FMCSA came to the decision to allow personal conveyance use from a shipper or a receiver to find a safe parking or rest area. If the driver has exhausted their hours-of-service they would be allowed to move their vehicle to a safe place to rest, which would be considered “off-duty”.
According to the head of enforcement of the FMCSA, Joe DeLorenzo, there must be to key elements in order to use personal conveyance.
One, the driver must be off duty and two, movement of the vehicle must be for personal reasons only.
A proper example of use would be, drivers commuting to and from work unless a driver is under dispatch upon leaving they must be considered on duty. If a driver is forced away from a shipper but it over hours would be allowed to proceed to the nearest safe location, regardless of what direction it is in. When personal conveyance is used in such instances it must be noted in the driver log and the reason for the move.
An example of improper use would include any movement with the purpose of enhancing operational readiness. Any time spent receiving and dropping off loads should be recorded as on-duty time. If a driver is over hours, they cannot pick up a new load to get ahead of the next day. If a driver is over hours they also are not permitted to pass rest areas to get the load closer to its final destination.
Driving with an empty trailer to retrieve a load or head back to the terminal and trips for fuel and maintenance are still considered on-duty time.
It is also important to note that personal conveyance does not exempt drivers from other regulations.