Off Duty Driving ?

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by FLHT, Nov 7, 2017.

  1. not4hire

    not4hire Road Train Member

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    That is a misuse of personal conveyance.
     
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  3. DustyRoad

    DustyRoad Road Train Member

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    The key to understanding personal conveyance is to follow the guidance provided by the FMCSA. JJKeller aka the authority on logging has published a guide also.

    What is personal conveyance?

    Personal
    per·son·al

    adjective
    1.
    of, affecting, or belonging to a particular person rather than to anyone else.

    con·vey·ance
    noun
    1.
    the action or process of transporting someone or something from one place to another.

    Being said, in the use of : personal conveyance is only allowed when a commerial motor vehicle is used by a class a driver to transport him or herself while off duty. Being off duty means simply not being required to perform any duties associated with employment.
     
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  4. DustyRoad

    DustyRoad Road Train Member

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    Unless unassigned and unladen...you may not drive off duty. Drop the trailer....bobtail to Wal-Mart buy you some food, drive back and connect your trailer and this would be considered driving while off duty or personal conveyance.

    The key is you can not be going to pickup or drop off a load or under dispatch.
     
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  5. Dieselboss

    Dieselboss Technology Contributor

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    Incorrect. Unless he is saying that he is still hauling (which is unclear in his question.) But if he is released from the load and is heading home uladen, then he can use PC.
     
    Last edited: Nov 8, 2017
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  6. shiggins

    shiggins Bobtail Member

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    And if you own both units, then what? That thinking goes out the window.
     
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  7. skellr

    skellr Road Train Member

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    Lol, worse than that. A message gets sent when driving off duty telling what not to use PC for.
    Screenshot_20171108-135232.png
     
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  8. not4hire

    not4hire Road Train Member

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    Incorrect. The question asked is not unclear; the driver is on his way home on the return portion of a haul and at the end of his legal HOS. He is not "driving to home from the terminal." In the posted scenario, being empty is what a lot of drivers and companies are using to justify the abuse of PC.

    Just because drivers are getting away with it for the time-being, it does not mean what you are suggesting as a response is not a misuse of PC. Nor does it mean it won't get addressed in an audit. I have no doubt that is what the FMCSA will address in the pending rule change.
     
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  9. DustyRoad

    DustyRoad Road Train Member

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    If you own the wagon!

    I don't see any reason you couldn't pull that home, wouldn't you agree?
     
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  10. shiggins

    shiggins Bobtail Member

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    I would think, but then I don't expect all Law enforcement personnel to have common sense. :-}
     
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  11. Cattleman84

    Cattleman84 Road Train Member

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    So for clarification... company driver, with company tractor AND trailer inbound to home terminal (which is where one of my personal vehicles is located) unladen (empty... No cargo at all). Still have 2 hours to drive to terminal, in which I will cross 1 state line, and 2 DOT scales, houred out and due for a 34 hour reset. Can I legally use personal conveyance to get back to terminal, or my own personal house (20 mins closer than terminal) for that matter... (maybe legal to go to my house but not terminal???)
     
    Last edited: Nov 8, 2017
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