My company wants me to request two inspections at weigh stations

What was the HOS violation regarding PC?.

 

It was PC.

That's why I try to never use it. You open the door to someone's interpretation of the rule.

Our resident DOT and scale guys said when this
started you can define PC as anything you can do in a taxi cab.

 

I was wondering if there was a specific thing he did while using PC that brought about the violation. Time?, distance?, loaded?.

I know its open to interpretation, but I use it regularly. Just can't bring myself to burn up valuable drive/duty time to get groceries.

 

Any interpretation by big brother, always challenge it in court. Get Legalshield and explain to the lawyers what happened.

If you off duty pc to the shipper and receiver so you can get ahead, then you’re doing it wrong.

Off duty pc to another city while deadheading to the next pickup, you’re also doing it wrong. O/O’s are guilty of this. For example, if Atlanta market is dry and you want to head to another city or area to get better rates, you have to be on duty. It cannot be off duty. Hard headed people will argue otherwise. People always wonder why they can’t get 1 million-5 million in liability, it starts with you and your business. Honesty goes a long way.

Off duty pc can be used to find truck stops or parking if you can’t find any.

 

He said he was "on his way home for vacation." I assume he was actually returning to his home terminal (or the equivalent action), which despite possibly being unladen, is not a proper use of PC. Yes, you'll get lots of guys claiming they do it and get inspected without issue, but that isn't what PC is for.

I have used PC as intended a lot and been inspected without issue, so I wouldn't have any qualms about doing so.

 

You can't do that.
See: How to log Personal Conveyance Legally | Tips | Trucking Answers

If the truck was at your house and your used it to go on vacation, that would count as PC. You'd have to log it as such, and you'd still have to meet the rest period requirements, but you could use PC. Going home from a shipper does not count as PC, regardless of why you are doing it.

Your lawyer may get this reduced to something else on your MVR, but it'll stay as is on your PSP as a log violation.

 

Both violations were because of the Company’s Truck. I’d say they need to look in the mirror.

 

The problem with PC is it is up to interpretation. If you want to be safe use it only to safe haven.

 

A huge amount of title 49 CFR as it relates to the trucking industry is open to interpretation. This really should not be. The FMCSA has issued guidance on the proper use of PC and in my view, the primary reason this is a problem is the carriers are not properly training the drivers AND you have some drivers that want to push that envelop to see how far they can go.

The FMCSA is under at least one court settlement as it relates to HOS. In my view, they should have never started tinkering with the HOS in the early 90s. When they added that 14-hour clock they really caused a lot of trouble for drivers and carriers.

PC was designed to allow a driver to get to a safe secure place to park NOT a truck stop, home, or a girlfriend's house if they are not closer to avoid being stuck at some shipper and go past the 14-hour clock. When a driver abuses PC they are subject to getting stopped, getting a HOS violation and being placed OOS, and having their rig impounded. This happened in Ohio a few weeks ago. The driver was OVER 150 miles from his last logged stop. He crossed the Indiana/Ohio line and Ohio nailed him. People can't use PC like that.

 

Problem with PC is not only the interpretation, which is a huge issue, but it's no one can read the guidance. Let's take for example these two quotes....

Nope, it only is available if the shipper / receiver doesn't allow parking and you run out of hours.
Examples of Appropriate Uses of a CMV While Off-duty for Personal Conveyance
"Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading."

Nope. You can go home, you just cannot go to the terminal.
Examples of Appropriate Uses of a CMV While Off-duty for Personal Conveyance
Commuting between the driver’s terminal and his or her residence, between trailer-drop lots and the driver’s residence, and between work sites and his or her residence.

Examples of Uses of a CMV that Would Not Qualify as Personal Conveyance
Continuation of a CMV trip in interstate commerce in order to fulfill a business purpose, including bobtailing or operating with an empty trailer in order to retrieve another load or repositioning a CMV (tractor or trailer) at the direction of the motor carrier.
(To me it's a stretch to call going to the terminal continuing a trip, but FMCSA does, and has even way before to new PC guidance came out.)