You run out of hours, not allowed to park on property for your 10

Yes, it is true, our company has E logs for like 8 years now, the latest is you can go on PC (personal conveyance) on the People net and drive for 50 miles/one hour, with zero hours left, BUT you must note it in the remarks so it's on your ELOGS because if your stopped the DOT will want to see that, also if you get to that first safe haven truck stop, rest area and there is no room, Note that on the remarks also. Like you said you have every right to do this drivers, just don't make it a habit and don't leave that shipper if they have provided ovnp and you just want to go somewhere else, because if the DOT calls and checks, your going to be in trouble. Use the rule but don't abuse it, and like your saying you can avoid a hefty tow charge.

 

personal conveyance has been legal at least since I started driving in 1999. its nothing new. The rules have always been you must be unladen and free to pursue own interest at the destination, or you couldnt be commited to a load. The issue has been that either companies didnt know about it ir they didnt want their drivers using the provision, JB Hunt is one company I know of that didnt when i worked there.

The real issue about the topic in this thread is when youre done loading at a shipper and what you can do legally when youve run out of time. The FMCSA has or was formulating a provision for drivers to seek legal parking.

 

Not exactly. First PC has always, and continues to be guidance. Guidance does not have the same force as regs. What I mean by that is it's always been a fairly grey area.
That said, before the new guidance came out last year there was only two valid ways to use it.
Unladen to/from restaurant.in the area.
Unladen to.from hotel in the area.

Not that any of that matters now....

 

The three magic words: “seeking safe haven” lol

 

I think that anybody looking for the FMCSA to change 395 to give license to a driver to bust the 11,14 or 70-hour clocks are going to be disappointed. They may tinker with the PC options a bit though. I admit I am a bit ignorant of the elogs because I always used paper. In the old paper days, to be honest, most drivers just cheated. Some would show the extra time and add a notation of why. I think this problem will be with truckers for a long time yet. I can think of no solution that does not invite abuse. I no longer get CVSA training material, however, @brian991219 does. There might be something in the CVSA material used to train state DOT officers about this problem and how best to handle it.

 

Which has absolutely nothing to do with HOS...
Safe haven is a hazmat term.

 

I was reading most of the comments in this thread. Most were good, some were a bit out there. I then went back and looked at the actual situation asked about. You are out of hours and you can't park where you are. To be honest you really only have 2 options. I don't really see a 3rd. You either crank up and leave the property or you inflame the situation further, risk criminal trespassing charges and getting towed. Different states define trespassing differently. In almost every case though once asked to leave the property and you refuse to do so, you can be arrested. Now I have never understood the need to strut around on private property that is not mine, spilling testosterone all over the place. the smart driver will take a few minutes and start talking to people that work there about close parking. I think I told this story once already. I was in a Walmart DC and my load was so fouled up it took a while to fix and get unloaded. I was out of my 14 and the DC would not let me stay. As i was getting my empty inspected by security I mentioned I needed a close place to park. I was directed to a Walmart store about 2 miles away. The parking lot was a bit small but there was a fast food place close and I got my 10. Then that morning I got my truck up to Kansas City to get my next Load. You can't use 395 to trump an order to leave private property. best to find and get to a place to park ASAP. Oh one more thing, there are no FMCSA or state DOT officers waiting to stop and arrest you as soon as you bust a clock. I have had a Virginia DOT cop to look at my logs once where I noted violating my 14 on a previous day's log. The cop handed my logbook back reminded me that logbook fines are expensive and sent me on my way. Note the violation and keep on trucking!

 

The latest FMCSA guidance on personal conveyance mentions this exact situation and permits driving to the nearest safe place to park, even if you are laden (they removed the unladen requirement completely) and even if the nearest safe place is in the direction of the load. Now, in typical FMCSA fashion they did not give an actual definition of nearest or reasonable leaving much open for officer and company interpretation.

The CVSA is accepting the guidance and has published a memo to their inspectors about this situation, however since off-duty driving is only a concept governed by guidance not actual regulation each state and officer is within their rights to interpret or restrict as they see fit.

That said, not all companies will allow this, some do not give any off-duty drive time when configuring their ELDs. It becomes a matter of company policy at that point.

I agree 100% with you about not giving the property owner a hard time, hours of service does not supersede private property rights. Bottom line, even if it is a violation and it will show do what you have to for immediate safety, note it in the remarks and don't worry about it.

I am on the road this week and don't have all my stuff with me. If I remember qhen I get home I will find and scan the memo for reference, may be able to find it online just don't have the time right now.

FMCSA updated guidance can be viewed on their website for those interested.

 

Per the original question: Why is there a question?

Hit the log buttons and boogie.

 

I was referring to this:

“The movement from a shipper or receiver to the nearest safe resting area may be identified as personal conveyance,” according to a notice from FMCSA, “regardless of whether the driver exhausted his or her hours of service, as long as the CMV is being moved solely to enable the driver to obtain the required rest at a safe location.”