FMCSA adds frequent questions to Personal Conveyance page

Question 6 bugs me.

The newly-posted FAQ states "...except for the one exception described in the guidance...", however the guidance being referenced mentions a second exception immediately after the first:

1. Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available.
2. Moving a CMV at the request of a safety official during the driver’s off-duty time

 

Screw the DOT and their PC....

 

typical DOT has now made the language that pretty much everything is considered a "round trip" so they can slam it to you!

 

just remember guys, this is a guidance, not a regulations and states can ignore it because it is not a regulation.

 

I notice they changed PC from being unladen to being ladened. That would allow driving off duty to Walmart while still under dispatch.

Definately a must to read the new guidelines as there are important updates.

 

I don't think the FMCSA is doing any favors by trying to define it, their "reasonable" may not include what others think like driving 300 miles home without logging, the state who does an audit or if there is a road side, that may come out as falsified log ticket.

It is a big change, agree with you there but ... again the states do not have to accept them, no matter what. A state has to agree to the guidance change to change how they enforce a specific issue, but regulations are a bit different.

 

Being that they are stepping on people's off duty personal time.. it is going to end up as a Constitutional court challenge eventually.

The FMCSA has went too far on this by making your Commute to and from work "on duty hours" they want to regulate.

Having a CDL should never mean throwing away your Constitutional rights. Ever.

 

WARNING not to make this political in any way but .... it has to be said ...

Please drop the constitutional stuff, there isn't anything here to do with the constitution.

It isn't even a regulation and the state can reject it if they want to or come up with their own rules on how to handle PC.

I don't think that there was even a case to do with HOS after the 1940's in the courts.

If you all wish that it ends up in the court, be warned that they can write it into a regulation to eliminate it altogether and restrict HOS even more.

You are a regulated person in a regulated industry, AND yes having your CDL means that there are still requirements YOU have to deal with on or off duty, like medical cars but if your off duty time didn't count, then there would be a challenge to the drug testing on a constitutional level.

 

Can the FMCSA regulators use this nonsense FAQ "guidance" to enforce law and prosecute you ?

Does it affect your liberty when you aren't actually working?


Yes, YES;

They now want to regulate and prosecute for your commute to and from work.
They have stepped way out of their jurisdiction this time.