REO6205

Discussion in 'Expediter and Hot Shot Trucking Forum' started by ltlmore, Aug 20, 2021.

  1. ltlmore

    ltlmore Light Load Member

    78
    40
    Jul 24, 2018
    Dayton, Ohio
    0
    I'll touch it. @ltlmore , you're asking the members here to help you find ways to break the law. I think that's called a conspiracy and it's illegal.
    Go back and read @Ridgeline 's post again. It says what needs to be said.
    This thread is closed.

    I am NOT asking members ways to help me break the law! I am actually trying to find out what is legal & what is not.
    This forum has been so very helpful.:rolleyes:
     
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  3. REO6205

    REO6205 Trucker Forum STAFF Staff Member

    12,646
    57,215
    Feb 15, 2014
    California.
    0

    Okay, I'll word it differently. You were asking the members for advice on doing something that you darn well knew was illegal and you were asking how to get away with it.
    Taking off your magnetic signs is pretty blatant and would draw a trooper's attention immediately.
    You know how drivers will sit around and talk about ways to get away with breaking the rules? What do you think LEOs talk about when they get together? Right...how to catch the truckers breaking laws and some of the bone headed excuses they come up with.
    You're in a tough racket and I admire your ambition. Don't get carried away with trying to dodge the law. You'll get away with it for a while but when you eventually get caught you'll wish you'd run it legal.
     
  4. ltlmore

    ltlmore Light Load Member

    78
    40
    Jul 24, 2018
    Dayton, Ohio
    0
    I realize that in emails & posts you cannot see the emotions & facial cues as you would in person. You seem to be coming at me as if I just drove by you with my middle finger up. Maybe you have had to answer too many questions from cheats & liars. Anyway, I did some digging myself on the FMCSA website & found the answer I was looking for. I guess I should have looked here first, instead of getting everybody's feathers all puffed up.

    Personal Conveyance

    Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. A driver may record time operating a CMV for personal conveyance 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 motor 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, the guidance provided here.

    Click here

    for a recorded presentation that provides an overview of the revised personal conveyance guidance; the corresponding powerpoint slides are available here.

    Click here for answers to frequently asked questions regarding personal conveyance and FMCSA’s recent regulatory guidance.

    FMCSA updates the guidance for § 395.8 Driver’s Record of Duty Status to read as follows:

    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.

    Examples of Appropriate Uses of a CMV While Off-duty for Personal Conveyance
    The following are 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 off-duty. 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.
    Examples of Uses of a CMV that Would Not Qualify as Personal Conveyance
    The following are 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 passenger-carrying 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.
     
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