Definition of "laden" for personal conveyance provision

Basically, it sounds like the vehicle itself is the item being transported for hire. So, any time it moves should be logged and driven legally (i.e., passes an inspection, HOS okay, etc).

 

I agree . Would a flatbedder bobtailling be considered laden because he had chains and binders in his tool box ? Carrying tools isn't laden

 

I met a guy a few years back said he was hauling a farm tractor and claimed it was his
personal tractor he had just bought. The dealer was closed so the police couldn't do nothing and had to let
him go. I have no idea if story is true or not.

 

Biggest issue with that story, relevation1911, would be that he should have had a sales slip in his hand with his name on it to get away with the not-for-hire claim. Although, he could've always made one up, if he wanted.

As for dunnage, I don't see how they could claim that as part of being 'laden'. That's a part of the business of the truck itself. I have two load locks I always keep in my trailer. If I'm empty, they're still back there. I'm not being paid to haul two load locks.

 

Laden, in this respect, means freight moved for hire. Hence - a Bill of Lading.

Meaning, if you are not being paid or otherwise compensated to transport said property - you are not laden.

 

I find the most important thing is the answers you give if questioned after you stopped or flagged to the back.
Most people tell on their selves. empty or non paying freight equals unladen to me.

 

I don't agree . This would make drivers for private fleets hauling their own product exempt .

 

You are reading only part of the answer MudBug. It starts out......

Of course a company driver won't be using the equipment for personal use. But there are more questions answered that would pertain to an owner operator.

One is how would you log hauling a car(s) to a car show. The answer is off duty if no prize money changes hands. If you are going to try and win some money then you have to log it as you are working.

An owner operator can actually move to another state loaded with his household goods and it's off duty. He is not making money.

The key words are "engaged in commerce".

There's even another question about taking a bobtail across a state line. This could be someone driving home after buying a new truck. That case the bobtail is the freight but it's not engaged in commerce. So it's not loggable and considered off duty.

The big argument are these guys after unloading wanting to deadhead home 150 miles. Yes, not engaged in commerce is what they think. But the fact they are going to pick up the next load near their house or a totally different location puts them in the deadheading to get another load. Instead of point A to point B, it's point A to point B to point C deadhead.

One hauling their own product are engaged in commerce. Their own freight makes them money.

 

No it wouldn't. Even in cases where the name on the truck door matches the name of the destination i.e. grocery haulers who only deliver to company owned stores for example. There is still a bill of lading involved and/or paperwork that needs a signature in order for the load to be consider 'delivered'.

 

None of this really matters until you wreck, or your logs are inspected.

Guidance on Personal Conveyance use defines it as driving the truck from your hotel room a short distance to a local restaurant or grocery store and back again.