Long post, hang in there:
I'm a relatively new authority but did 25 years with a trucking company before. That was mostly short/regional stuff and I was home every night. I never had to think much about the ELD though we did use them. In fact, before going OTR in my own truck I had hardly heard of the term 'personal conveyance'.
I've got some questions I'd like to throw out to other Owner Op's.
Most of the rules I see talk about moving the truck, laden or not, 'at the direction of the carrier'. That's how I see that we are different. We are the carrier. We can make our own judgements and take risks as we see fit.
If you are risking missing an appointment at the end of a 10 or 34 what would you do? This has more to do with a 34 than a 10. I think if you are risking this with a 10 you need to realign your priorities and schedule better. I was in a circumstance recently where I had a 6 hour drive at the end of a 34 to make a Monday appt. and I needed to get in about 2 of it at the end of my 34 to make the appointment. What would you do? Risk PC'ing late Sunday about 2 hours up the road or not?
I ask this to O/O's rather than anyone affiliated with a company for a few reasons. We risk and manage our own safety scores, which in turn affects our insurance rates, etc.
If you run your own truck WHO is checking this? Assuming you don't wreck, get pulled over or checked for 7 days. Do they ever look back further than 7 days?
Oh, I'm in a 2015 tractor so I DO run an ELD and make every attempt to stay legal. I guess my question is am I alone or some of you guys have to risk it occasionally to make sure your customers are happy.
Owner operators and Personal Conveyance
Discussion in 'Ask An Owner Operator' started by 86scotty, Aug 26, 2018.
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1. I would foresee the possible time problem, and schedule more of a cushion. Most receivers don't really care if you get it there at 6 am or 10 am. Most. Not all. I tell them I want an appointment for say 9 am OR LATER not earlier. Broker likes to book them for first available which is usually 4 or 6 am. And everyone is trying to get their stuff unloaded at that time. Way easier to roll in at 7 or 8 ahead of your 9 or 10 time and things have cleared out a bit.
2. If it was something unavoidable I would consider using eld in disconnected mode and pray to God I don't get stopped. Claim a malfunction, use it as an app and not connected to ecm, go on about your business the next day and plug it back in again. Play dumb if inspected later and questioned on it.CorsairFanboy and 86scotty Thank this. -
And now begins the abuse of PC to deliver a load. Itis going to take one accident and PC will be permanently removed. Or get caught in an audit. 6 months of records anyone? Why because you need to cheat to deliver?
You folks act like people outside the industry don't read these boards and see the openly admitted violations in the interest of chasing a few pennies.Tb0n3, roshea, Hegemeister and 2 others Thank this. -
Not insinuating that I am angelic (maybe Fallen), goodie two shoes, perfect law abiding citizen....
...BUT,
You’re talking about taking risks for REGULAR freight pay? Are you serious? You’re working wayyyyyy to cheap. You’re all risk and no reward. Regular freight pay, it gets there when I say it gets there. I set all appointments.wore out, brian991219, 86scotty and 2 others Thank this. -
The FMSCA checks when you are audited. The NESA will be checking for these exact types of situations. You must keep your logs for several years so they can go back through them during an audit if they see fit. I wish it was only a 7 day for record retention! Anyway...to answer your question, I wouldn't shave any time off the logs if I were unable to hide it, cover it up and/or justify it somehow to make it "legal". It's not worth jeopardizing my authority otherwise.
Shanebklyn and 86scotty Thank this. -
Abuse it? I don't agree with it, but crap happens. As long as we learn and don't make the same mistakes repeatedly then we are moving forward. Making habits of abusing the regulations is what they will hammer you for. One off? No big deal. Just don't crash :/ -
4 years for ifta calculations.
(In canada) it is 7 years for making meal deduction tax claims on your income tax.
The dot man won't call the ifta man to get more than 6 months. I guess that's where the legal battle may happen.brian991219, DSK333 and 86scotty Thank this. -
@gokiddo and triple6, the said load did pay much more than usual and I was already pushing the delivery. I do set my appointments usually myself and am really careful. First time this happened to me.
Great info on the audit dates, etc. I didn't know any of that.
So, to ask another question for O/O's regarding personal conveyance. I was reading somewhere that you can't use PC while you are on your 34 to have your truck repaired, washed, oil change or tire fixed? Does anyone worry about that? NO way I'm going to do this stuff any OTHER time but at home or on a 34. Who would? I sort of subscribe to the fact that the 34 hour restart (our weekend, whether it's during the weekend or not) is exactly for things like this, so of course I'm going to go in to PC if I need to move the truck. This is what people who work for a living do with their weekends. Rest, recharge, recover and prepare for the next week. For us owners that involves the truck. To deny us this basic right seems a bit inhumane to me. Just sit in the prison cell of a truck stop and not be able to get ready for the week?
I'd love to hear some of y'alls feedback on this. -
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I would think that would be disallowed. You are using pc for a business purpose at that point. And if you're using ta or speedco or similar, yes, that is considered on duty work. They will hammer you for that.
I work it like this. I keep my truck at my mechanics yard when I am home. He does all my repairs and maintenance. I park for free. He moves it into and out of the shop. I pay the bill when I notice my truck has moved as I drive past. Other than the time at which I pay the bill, I have 0 interaction work wise. I don't consider paying a bill as needing to be on line 4.
The issue for you is you have to move the truck to the mechanic. If you could eliminate that and allow him to move it you would be good. However I wouldn't trust these drive thru shops. I trust my shop.86scotty and brian991219 Thank this.
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