OFF Duty Driving

In Ontario there is a maximum of 75 km that can be claimed on off duty driving or personal use.

 

The answer is found in 395.8 Question 26 http://www.fmcsa.dot.gov/regulations/title49/section/395.8?guidance

Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?

Guidance:

When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest.

 

Correct, personal conveyance time does not count against anything. In addition, as far as this subject goes, trailer no trailer isn't so much what matters. What matters is what FMCSA allows to be considered personal conveyance. From the CFR,

There are two and only two situations addressed by FMCSA in this interpretation:
1) terminal/home - home/terminal commuting
2) travel to "restaurants in the vicinity" of enroute lodgings

These are the ONLY two allowed uses of a CMV as "personal conveyance". Just being "relieved from work and all responsibility for performing work" is not enough in and of itself.

Any other driving of a CMV would be DRIVING time.

Part 395.8, Interpretations Question 26 states, "Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to their terminal (normal work reporting location), or from a driver’s terminal to their home, may be considered Off-Duty time. Similarly, time spent traveling short distances from a driver’s en-route lodgings (such as en-route terminals or motels) to restaurants in the vicinity of such lodgings may be considered Off-Duty time.
Notice this last part which specifically states SHORT distances from your lodging to restaurants IN THE VICINITY of such lodgings. So, no you may not drive around the world and claim personal conveyance. You may go from your terminal home or vice versa, or you can run down the road to Cracker Barrel and eat and come back to your terminal/motel etc. Notice also that it doesn't state "for example" before it covers driving home or to terminal from home. This is the only two instances the interpretation allows.
And face it, other than those listed instances, why else would you be driving a CMV around? You're either not dispatched and deadheading home, or you're hungry and headed to the Macdonalds down the street. Now you say, well what if I'm heading home and I run by so and so store to pick up whatever on the way, is that suddenly driving time? Well, are you under dispatch? No. Is the whatever you picked up in any way shape or form business related? No. Well then what are you doing? You're going home. Ok, you're off duty, carry on.

 

Incorrect. The company can have the discretion of letting you use the truck to move but that is a fine line with their authority and insurance. If you are pulled over and want to see a BOL and you don't have one to produce the officer could write you up for not having a manifest and you would have to dispute it in court. You can not forward a dispatched load under off-duty driving. Most will give you leeway for a safe-haven move.

 

Let me add also that in my experience and I've used this off duty driving about once a month, you can't just switch over from on duty driving to off duty driving and assume it's not going to count. You won't stop the clock that way.
You have to complete your 10 hrs of off duty rest and THEN you are in the clear. This is my particular experience/situation with QComm and the company I'm leased onto. Thus YMMV. With my company, for instance we can only bobtail in this mode.
Ive experienced this in many ways. I've also gone beyond the allocated amount of time for off duty driving and all it does is kick into on duty driving. Yes, it's a nuisance but that's the reality.
I'm sure though that QComm have covered their "assets" and made sure that what we are doing is perfectly in line but as we all know, DOT can make up some rules as they go along. I've also learned that many DOT officers are clueless about the nuances of the rules. So beware. Never trust their ####eyed judgment.
Always good to double check with your company and what they allow.
Good luck.

 

As CVE explained, Off-duty driving of an unladen CMV, as authorized by 395.8 Interpretations question 26, is restricted to two specific situations.

One, commuting between home and the "normal work reporting location" (terminal).

Two, traveling "short distances" from "enroute lodgings" to restaurants in the "vicinity".

 

So claiming you're running from LA to NYC to "get lunch" probably stretches the definition of personal conveyance just a smidge! LOL!

 

I would say so! I use PC every week usually. But I also adhere to the guidelines that FMCSA has in place. I have been stopped twice and checked by both MO and IA LEO's while doing this, and I have never gotten so much as a negative comment. After all, why would they waste their time writing something up when they don't have to? You have to adhere to the guidelines, and you will be fine. It might raise an eyebrow from a LEO, but have them call their head shed for a confirmation on the regulation guidelines. I did that with in KC one time with an LEO. He seemed confused that I was driving, not under a load, going to get a bite to eat, and was not logging it driving. Told him I understood his confusion, as many drivers haven't a clue this is legal. He called his people and they confirmed I was correct. We each said "have a good day" and I went on about my way.

While I do not use this from the "terminal" per se, I do use it from a dropped trailer location in one town, to my home in another. Normally just a 20 mile jaunt. Likewise, when I go back to the trailer I dropped, I log off duty. Then I show time for hookup and pre-trip. I have no "terminal" location per se. So the normal place I usually drop a trailer in town is my defacto "terminal". Once the trailer is dropped and I show my post trip for the day, I am relieved of all work and responsibility. So the bobtail time is my own.

 

Actually, that is, the way the qualcomm in my truck works: I can be out of hours but still drive in off-duty mode without a violation. Is that contrary to FMCSA rules? If so, a surprising over-site on the part of my mega-carrier employer.

 

Personal conveyance can only be used for your personal needs... like getting something to eat. Continuing to drive after your 11 or 14-hour clocks have expired under load is a violation.