That my friend is never going to happen. I was thinking about this topic with regard to a drive-a-way shipment. I don't know if they still do this, but there used to be a truck body fab plant in Union City Indiana that made UPS delivery truck bodies. What about repos? In both cases, the trucks themselves IS the load. When the FMCSA or any federal rulemaking agency makes a rule they have to publish the proposed rule in the Federal Register for a formal comment period. Then they take these comments and concerns and account for them. The FMCSA is a bureaucracy! Bureaucracies are noted for 2 things. First, they almost never make a rule that does not have a footnoted exception AND they spend money. In the last year, I have sent the FMCSA 3 requests for guidance. THREE! Of those 3 I only got one reply and they replied by to refer back to the same rule I was asking for clarification on.
Then you have the CVSA that will interpret a vague rule and teach this to their members. In some ways, it is like the FMCSA and the CVSA have an incestuous relationship and the FMCSA does this on purpose. I do know that several carriers have been talking about bringing lawsuits against both the FMCSA and the CVSA but as of now, I have seen so movement.
I'm not going to bleed over into this thread HOS debates from other threads. However, this CVSA thing is why a lot of these horror stories are possible. I don't believe a story until I actually see the paperwork. So drive carefully, keep your mouth closed when stopped and stop wishing for things that are never going to happen. This is my best advice.
Personal Conveyance question while on your reset?
Discussion in 'Questions From New Drivers' started by RunningAces, Feb 10, 2019.
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Question 10: How does compensation relate to on-duty time?
Guidance: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.
- Section § 395.2: Definitions.
As is also the case under the new Personal Conveyance Guidance when a driver runs out of time at a shipper’s and has to drive to a safe parking location; driving in the direction of the receiver is not going to negate the ability to use PC.Last edited: Feb 11, 2019
Reason for edit: Shut up and driveAccidental Trucker, brian991219 and Expeditor Thank this. -
By the way, I am a CVSA member and they are equallly as frustrated with the lack of clarity from FMCSA and their state partners.GreenPete359 and x1Heavy Thank this. -
not4hire Thanks this.
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You are giving great info. Please don't mess it up by using "safe haven" instead of "safe parking". -
Boilerplate stacks of rules written in obscure legalise can be eliminated by two simple words.
Yes or no.
Or they can add a third option, if Motor Carrier approves such behavior.
Then shut up. The driver will have the PC and there is no confusion anywhere. -
Safe haven for Hazmat and explosives and any high value or load that has to be babysat 24/7, you can still use PC. -
brian991219 Thanks this.
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I am glad you got out, wish it was for reasons other than your health. Unfortunately for me I have at least another 15-20 to go dealing with this chaos. -
What if your home and or terminal is the closest safe place to park? I run into this all the time. run out of hours getting unloaded and run empty 100 miles home. Try finding SAFE parking in Orlando or tampa after 5 pm. The side of a street in an industrial park is NOT safe parking. Right or wrong its what i do and have been through several dot inspections and nevet had an officer question that.Last edited: Feb 11, 2019
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