I have seen on this and another formum that the use of the truck for personal conveyance was allowed in dot regs without logging it as on duty time as long as you are unladden, ie. bobtail, in speaking with our company log dept. I was told this was a old wives' tale, no such clause in regs, can someone quote me the chapter and verse that this appears so I can either get this changed with our company or find that it is truely a old wives' tale.
Using truck for personal conveyance
Discussion in 'Questions From New Drivers' started by crazyray, Jun 16, 2008.
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It has been covered extensively. -
Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?
Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest.
I do not like this answer! I think it's pretty vague! In Canada they allow you to use the truck for personal use up to 46.6 miles however in the USA they state within reasonable miles.
This is one rule I do not agree with. I can see living 10 miles maybe 20 miles from terminal and driving home. But my argument is: If a driver is allegedly to tired to drive after 11,14 or 70 hours then why can he bob tail home and log this as off duty?
He can still hit a car/bus full of kids and kill them. I guess it just confuses me
But that is the reg above. It is technically legal to log as off duty
The internet link to the DOT website is below. You could find it in your green book by the DOT regulation # and look in the Q & A section
http://www.fmcsa.dot.gov/rules-regu...764§ion=395.8§ion_toc=1942&guidence=Ydieselbear Thanks this. -
I am glad that as a team typically we have hours at all times and we just log the time spent going home etc as normal time.
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Ok so I have read all this and when I get pulled over and tell this to the trooper and he says show me in the book what do I show him? Everything is vague to me on this. Main reason I ask is I have a buddy that bobtails home 90 miles and this could save his butt cause his run is barely legal.
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it will be in your little green safety regulations book I will get back with a page number unless #8 already has it
This is just a quick reply haven't researched it yet but all above post are. Correct ...
Ky24 -
i bob tail over 150 mile home to terminal, and it;s personal conveyance
395.8, cross 2 scales in two different states, when asked for log book i tell them personal conveyance, and log book has me off duty, every thing -otaygonnabe Thanks this. -
I just read 395.8 and saw nothing about personal conveyance. I also read our company manual and per the manual we are not allowed personal use. So I can't use it anyway even though our dispatchers will let us bobtail.
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Well that is not no differant than any other person working a double then driving home. Its up to the person to know his limitations. Thats the way i see it, Theres been times when i left the house and not been gone 2 hours and need a nap and theres other times when i've drove 11 and could drive 8 more you get the point.
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