I'm getting empty in Barstow tomorrow morning and that will drain my 70 dry. I'd like to PC to Ontario, about 90 miles, to park it at the TA or Petro. Plan is to get a rental car and room on the beach for a few days. I dont know where I will get a load from when I'm done at the beach on Wednesday or Thursday but I imagine it will be somewhere around the LA area. Since I'm not loaded will this be acceptable use of Personal conveyance?
Another PC question
Discussion in 'ELD Forum | Questions, Answers and Reviews' started by RunningAces, Jun 6, 2021.
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This is a tough one, and probably going to get a toss up of answers. In my opinion, although there are many on here with more expertise, if you are not dispatched on a load, you may be OK. If you work for a company, they may have a pc policy that you may violate. In example, some companies limit you to 1 hour a day of pc. However, that's only a company policy and not an fmcsa rule.
Someone will probably, hopefully, quote you directly from the fmcsa rule governing this itself. I think it's pushing it and Mr. DOT may ticket you, simply because it appears to be a stretch.
But, IDK. The honest intention for doing this is personal and you are not under load or trying to progress a load in any fashion. So, I think it's a valid use of PC. It would be clearer, to me, if you were bobtail. Since you aren't I'm unsure if having a trailer attached, even though it is empty, will effect it.Dieselboss and RunningAces Thank this. -
Probably not. You could park in Barstow and rent a car there. Why are you going to Ontario? To be in a better place to reload would be my guess.
Jarhed1964, brian991219, CrappieJunkie and 4 others Thank this. -
I believe @RunningAces runs his own numbers too. @Bean Jr. hit the right note....... think about this. If you unloaded in LA area and wanted to spend some time in the Mojave, would you run PC to Barstow and rent a car there for a few days? Or if you were stopped while doing PC going to Ontario would your story sound believable(whether its legally allowed or not) to DOT....
Jarhed1964, brian991219, RunningAces and 1 other person Thank this. -
If I was an O/o I'd go to the closest place I could safely park my truck and not have it towed. Then get a rental from there. That way you avoid it "looking" like you were advancing towards where you planned to be getting another load. Don't want to give DOT any excuses to give you a HOS violation.
Jarhed1964, Dieselboss, brian991219 and 4 others Thank this. -
One thing though, and this is hypothetical but if I wasn't renting the car and instead was taking an Uber to the beach it sounds like personal conveyance would be more feasible.
Either way, you guys convinced me it was a bad idea and I don't want to risk an OOS on my numbers over 90 extra miles or so deadhead. I'll park and rent the car in Barstow and save $50 on parking, which is a nice bonus for doing so.ZVar, Bean Jr., 86scotty and 1 other person Thank this. -
However...ill say this...personally Id run to LA on PC just like the scenario you put out there. You may luck out and pick back up in Barstow and youll be in the clear!!
Bean Jr. Thanks this. -
Back in the day, I drove off duty from the Bay Area to LA. Thanksgiving, and seeing as I abandoned a dispatch, that was as PC as it gets
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In my opinion if you had your hotel room and rental car booked that right there would be a realistic explanation for the DOT that in fact you are doing PC and not trying to advance another load.
Bean Jr. and Wasted Thyme Thank this. -
Here is the wording of the guidance in case you don't know.
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.
Examples
3. Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading.
Now knowing that, do you think an LEO will see this as a reasonable distance? I don't know if I would push it, as you can rent a car in Barstow too. Ultimately it's your call as this is a very grey area and can be interpreted depending on the mood of the LEO who is looking at your logs.RunningAces and Bean Jr. Thank this.
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