Is this considered personal conveyance when parking at home?

Discussion in 'Questions From New Drivers' started by Flyingdriver, Mar 9, 2021.

  1. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Less than 2 hours used......no big deal, but ask the safety guy/dispatcher. And where exactly are you leaving the truck 30 mi from home ? Truck stop, abandoned K-mart, dirt pull-off along the highway ?
     
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  3. Moose1958

    Moose1958 Road Train Member

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    I think the OP can find their answer here. BTW as stated follow company policy!

    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.

    (a) Examples of appropriate uses of a CMV while off-duty for personal conveyance include, but are not limited to:

    1. Time spent traveling from a driver's en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities.
    2. 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. In these scenarios, the commuting distance combined with the release from work and start to work times must allow the driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued.
    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.
    4. Moving a CMV at the request of a safety official during the driver’s off-duty time.
    5. Time spent traveling in a motorcoach without passengers to en route lodging (such as motel or truck stop), or to restaurants and entertainment facilities and back to the lodging. In this scenario, the driver of the motorcoach can claim personal conveyance provided the driver is offduty. Other off-duty drivers may be on board the vehicle, and are not considered passengers.
    6. Time spent transporting personal property while off-duty.
    7. Authorized use of a CMV to travel home after working at an offsite location.
    (b) Examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following:

    1. The movement of a CMV in order to enhance the operational readiness of a motor carrier. For example, bypassing available resting locations in order to get closer to the next loading or unloading point or other scheduled motor carrier destination.
    2. After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the motor carrier to pick up another towed unit.
    3. 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.
    4. Time spent driving a passengercarrying CMV while passenger(s) are on board. Off-duty drivers are not considered passengers when traveling to a common destination of their own choice within the scope of this guidance.
    5. Time spent transporting a CMV to a facility to have vehicle maintenance performed.
    6. After being placed out of service for exceeding the maximum periods permitted under part 395, time spent driving to a location to obtain required rest, unless so directed by an enforcement officer at the scene.
    7. Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.
    8. Time spent operating a motorcoach when luggage is stowed, the passengers have disembarked and the driver has been directed to deliver the luggage.
     
    slow.rider and SoulScream84 Thank this.
  4. Flyingdriver

    Flyingdriver Bobtail Member

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    Oct 29, 2020
    Walla Walla WA
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    So I did pick up my truck & was told by my new company to mark it as personal conveyance. I ended up running bobtail. A loaded trailer will be parked by my truck tonight for me to hook onto & pull in the morning.

    And for those that were curious. I am parked at a mini mart with a large paved parking lot. They are open 24 hours & have yard lights & security cameras. I talked to the manage before had & he was fine with me parking there. When I arrived today I spotted out my truck to him & he said they'd keep an eye on it but reminded me that they were not responsible for any theft or damage. I kinda knew that.
     
  5. Hyweighman

    Hyweighman Medium Load Member

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    CONGRATULATIONS on new job and a place to park. Guard it. Its getting harder to find decent place to park on home time.
     
  6. Cobrakaiguy

    Cobrakaiguy Light Load Member

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    Written in FMSCA it’s legal, but I would be asking your company DOT compliance person what their policy is.
     
  7. 86scotty

    86scotty Road Train Member

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    Hey, sounds nice. Could you share this location with me? I've got 5 trucks, 7 trailers, a few campers and personal car projects and a boat or two I need good parking for. I'll talk to the manager, of course, wink wink.
     
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  8. laaylor

    laaylor Road Train Member

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    Yes, and most of us are awesome at giving advice on what we think: others are turds and judgemental: just ignore them... lol... :)
     
    Old - School and Speed_Drums Thank this.
  9. murat

    murat Light Load Member

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    Jul 21, 2009
    nebraska
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    I use PC to bobtail 45 miles to pickup a loaded trailer.On my way back from delivery I may have to wait a day or the weekend for the next load so I keep the empty trailer at home until then. I cannot use the PC while returning the empty because it's considered part of completing the load. I drop the trailer and bob tail home then I use the PC again.
     
  10. ZVar

    ZVar Road Train Member

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    Flint, MI
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    That will get you and your company in trouble as it's not a valid use of pc.
     
  11. Atlaw4u

    Atlaw4u Heavy Load Member

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    Agree, if you are advancing towards a load you are on the clock.
     
  12. Atlaw4u

    Atlaw4u Heavy Load Member

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    Also, a question was asked in this month's 10-4 magazine regarding the use of PC for returning home or to the terminal.

    Q: If I unload my freight and am just two hours from home, may I use Personal Conveyance to drive home? Paul in Arizona.

    A: Provided by Trooper Brent Hoover with the Indiana State Police:
    According to the FMCSA Personal Conveyance Guidance, the answer is as follows: May a driver, who drops his/her last load at a receiver's facility use personal conveyance to return to their normal work location (i.e. home or terminal)? Guidance: No. Returning home or to the terminal from a dispatched trip is a continuation of the trip, and therefore cannot be considered personal conveyance.
     
    Last edited: Mar 13, 2021
    Reason for edit: edit
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