Personal Conveyance

Then we're back to true free market capitalism.

 

Back to? You make it sound like we ever had true free market capitalism.

 

Sorry, but I have to disagree. When the Bar Association claims it's a grey area, well I have to give them more credit than a line officer. Please read that document I posted earlier. It has some good info on guidance.

Plus, you do realise there is guidance saying 8 hour off duty is all that is needed? I doubt that will fly...

Question 22: A driver returns to his/her normal work reporting location from a location beyond the 100-air-mile radius and goes off duty for 7 hours. May the driver return to duty after being off-duty for 7 hours and utilize the 100-air-mile radius exemption?
Guidance:
No. The 7-hour off-duty period has not met the requirement of 8 consecutive hours separating each 12-hour on-duty period. The driver must first accumulate 8 consecutive hours off-duty before operating under the 100 air-mile radius exemption.

Question 7: May a sleeper berth be used for a period of less than 2 hours’ duration?
Guidance: Yes. The sleeper berth may be used for such periods of inactivity. Periods of time of less than 2 hours spent in a sleeper berth may not be used to accumulate the 8 hours of off-duty time required by §395.3of the Federal Motor Carrier Safety Regulations (FMCSRs).


Here is one that contradicts an earlier post by you...
Question 9: A driver drives on streets and highways during the week and jockeys Commercial Motor Vehicles in the yard (private property) on weekends. How is the yard time to be recorded?
Guidance: On-duty (driving).

Another one that was updated years ago, but guidance is still old..
Question 13: What is the duty status of a co-driver (truck)who is riding seated next to the driver?
Guidance: On-duty (not driving).


I'm giving up from there. That simply shows that guidance is often contrary to to actual regs. If guidance was the same as regulations I could take an 8 hour break and it be 100% legal.

Now all that being said, if you have a source contradicting the Bar Association I'd love to see it. Would help me win an argument or two from the past here on the boards.

 

Guess what? Some companies do not allow PC. Mine doesn't. I have been written up for being 3 to 30 minutes over my log time trying to get to a truck stop. They claim it is personal time in a company truck and insurance won't pay in case of accident. Certainly defeats the intent of the rule.

 

Fact is they're probably right. A good lawyer will show a pattern of using an exception for monetary gain. Jury decides for the plaintiff......90 million dollars.

 

This goes back to the "shouldn't have been there" problem I suppose, but it is a legal, albeit vague, law.

 

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.

I don't know about you guys, but I can't have a load in my passenger car.

 

Such a load of BS. You are still working for the most part, just trying to find a place to park. I think more companies would allow it if the wording was different. Lawyers would rip someone up if they had an accident under PC.