1st there is no safe haven in reguards to HOS. By keeping using that phrase, you show just how little you know of HOS.
Also, under the guidance, is there an exception to going to a terminal? As there isn't you may specifically not go to a terminal under PC. You can try and twist it anyway you want, but going to a terminal is not allowed. I'm sorry you are reading it wrong, but it's fairly straight forward.
PC and paid parking
Discussion in 'Questions From New Drivers' started by Lostmykey, Mar 1, 2020.
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As far as I know, the FMCSA issued new guidance on PC about a year ago. I do not know if they have edited this in the guidance section of the HOS rules.
Question 26: Under what circumstances may a driver operate a commercial motor vehicle (CMV) as a personal conveyance?
Guidance: A driver may record time operating a CMV for personal conveyance (i.e., for personal use or reasons) as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time. Personal conveyance does not reduce a driver’s or motor carrier’s responsibility to operate a CMV safely. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, this guidance, such as banning use of a CMV for personal conveyance purposes, imposing a distance limitation on personal conveyance, or prohibiting personal conveyance while the CMV is laden.
That link I posted has examples in it,of what is a legal PC and what is not! I suggest following this guidance! Any questions ask your safety critter!drivingmissdaisy Thanks this. -
Let me ask you this. You're a mile from a safe place to park (your terminal.) You deliver and run out of time. You can't stay where you are. What do you do? HMM?
"Safe haven" is a common phrase used to mean "safe place to park". I happen to know the actual phrase "safe haven" has to do with carrying hazmat. But it's used interchangeably. That doesn't make it wrong. And yes, you are allowed to use PC to find one. I don't care if you call it a safe haven or a cheese burger. And the law you quoted becomes "obsolete" if you're out of hours and can't stay. Then the law I'M quoting kicks in.
FMCSA to allow drivers hours flexibility in finding parking after leaving shipper/receiver
See post 12. I was not performing any work for the motor carrier. I was unladen and looking for a safe place to park in complete compliance with HOS rules.Last edited: Mar 1, 2020
Bean Jr. Thanks this. -
That’s what I thought too; and my sister said that as well. What I was told from our log department is that we can use it to not interrupt our breaks regardless of whether we still had legal drive time or not.
Of course just the act of PCing could interrupt sleep. So at least to my understanding even if the 10hr break is up, there could still be situations where I wouldn’t feel rested.
Nearest one is Mr Fuels #1108 and the nearest one to that is the Big D Travel Center.Last edited: Mar 1, 2020
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I'm inclined to agree with you on this. I posted the Feb 2019 new PC guidance and on that webpage they have what seems to be a contradiction. I am going to say I think that example of what is NOT proper means you can't go 200 or more miles to get to a company terminal or drop yard and bypass other suitable places to stop. You nailed it about the common sense part, just a small amount of common sense tells you if you are within close proximity of a terminal or drop yard even laden its OK to PC there. You just can't take off across a state or two.
EXAMPLES OF APPROPRIATE USES OF A CMV WHILE OFF-DUTY FOR PERSONAL CONVEYANCE
3 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.
EXAMPLES OF USES OF A CMV THAT WOULD NOT QUALIFY AS PERSONAL CONVEYANCE
7 Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.
Lostmykey and drivingmissdaisy Thank this. -
Yea some people can't use their brains. Unfortunately those people drive trucks for a living.
While I agree this would definitely be advised, I'm pretty sure it's not an actual HOS rule. I've PC'ed to McDonalds before (lots of low hanging stuff, be careful) while doing a 10hr break. It was not seen as a violation by my company or my qualcomm box which won't let you do anything illegal. If your company says it can't interrupt your break thats THEIR rule, not the DOT and therefore not applicable to anyone else on the road.Bean Jr. Thanks this. -
Now understand there seems to be a small bit of grey area there in regard to a terminal or drop yard. I'm not sure you can PC to a terminal if you are going to repower or get a repower. I won't get involved in that one.
Edited to add: I am not an active driver and honestly don't care either way. So I won't do this, if, however, someone is interested the FMCSA has a chat page setup for normal business hours, go ask them!snowlauncher and Bean Jr. Thank this. -
So say that I drive from where I park my trailer to my home then back the next day, would this be a legal use of PC
Bean Jr. Thanks this. -
Yes, we're talking about going to a terminal from a receiver, nothing to do with going home.
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Yeah I get that was just wondering about this
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