elog/off duty drive ?

You'll have to post the link or take a photo of what you believe is in the green book. We've already posted what is in the green book stating otherwise in previous links. Not sure what you did wrong when you got "popped". Did they see your beer? obviously you were off duty

 

The problem is what if your next load picks up in the same direction as the truck stop from the customer? Then your off-duty driving actually took up part of the driving you would have had to do had you not driven off-duty, which gives you more time to drive on-duty then you should have. That wasn't the intention of the original ruling. I'm not saying you will get tickets if you don't do it that way as I doubt too many LEOs are going to go that deep into your logs, but the interpretation is there in the clarification. I can't find the link to the clarification atm, but here's an article that quotes it heavily. http://www.truckinginfo.com/article...driving-time-be-considered-off-duty-time.aspx

 

Again it depends. If you drive off duty to the nearest truckstop from where you run out of hours, and it happens to be in the direction of the next dispatch there is no issue. The guy that will have a problem is the one that drivers past 3 truckstops so he can sit at the one right next to the next shipper. It has already been said that this article is flawed. Anyone can write an article.


Fourth, you must not be “repositioning” the equipment. If you go from your company’s terminal to home, and then are dispatched to go get a trailer somewhere else, you have repositioned and cannot call the trip personal conveyance.

this statement is incorrect. If you go home that is Personal Conveyance. Once home if you are dispatched, the NEXT trip has to be on duty.

 

It must've been a company policy to not run the truck PC while out of hours because JJKeller says it is OK.

[h=2]J. J. Keller's Idea of the Week - Understanding Personal Conveyance: Is it really personal use?[/h]
June 11, 2010 at 9:18am

Understanding personal conveyance

Under certain conditions, the Federal Motor Carrier Safety Regulations allow commercial motor vehicle (CMV) drivers to drive their CMVs for personal use without risking violation of the hours-of-service limits. The use of a CMV for “personal conveyance” is common, but is often misunderstood. Do your drivers understand the rules?

In concept, the idea is simple: if you’re driving a vehicle for your own personal use (whether a family car or a Class 8 truck), then it’s not really a “commercial” vehicle at the time, so your driving time shouldn’t count against you. In practice, it gets a little more complicated.

Try as you might, you won’t find mention of “personal conveyance” in the regulations. Rather, it’s based on some DOT guidance that was first published in 1975. Here is that guidance in its current form, relating to 49 CFR §395.8:

Question 26: If a driver is permitted to use a 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 [i.e., loaded]. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's 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 CMV to any location to obtain rest.​

Stated more plainly, these are the requirements for claiming that a movement is "personal use" that can be logged off duty:

• The driver must be operating a completely empty vehicle, either bobtailing or with no cargo onboard. This also means that if you’re driving a utility truck full of tools (even if your business is a private one), you can’t claim the “personal use” exception.
• The driver must not perform any work involving the company or the vehicle while driving or as a result of driving (e.g., traveling at the direction of the company). In other words, the driver must be completely relieved of all responsibility to the vehicle and the company.
• The driver must be en route to or from home (i.e., commuting), to or from eating or lodging facilities, or to or from some other “personal” destination. If the driver stops at a company facility to drop off some paperwork on the way home, the movement cannot be considered “personal.” Similarly, a driver who travels home from the last stop (bypassing the “normal work reporting location”) must log that trip as “driving.” However, the personal use exception would be available to drivers who report to a temporary reporting location, such as a construction site, and who drive to and from a local lodging or eating facility.
• The driver must not be the subject of an out-of-service order at the time.
• Finally, the driver must not be “repositioning” the truck or tractor for a business purpose. This is the one that often catches drivers and carriers off guard. For example, a driver who leaves a trailer in one town, goes home, and then picks up a different trailer in a different town cannot use the exception. This generally means that the “personal use” must be a round trip and not one-way, although a driver could commute to home as “off duty” and then log “driving” when going from home to a shipper the next day (i.e., if he/she is dispatched from home).

If the trip can be logged “off duty,” it means that there will be no violations of the driving limits or the on-duty limits during that drive time, and the time spent driving would not count against the 60- or 70-hour on-duty limits.

What about …

Fueling? Any time spent fueling a CMV or doing any other type of conditioning or servicing of the vehicle must be recorded as “on duty” time, even if it’s the weekend and the driver used the “personal conveyance” exception to take the truck home. This is especially true given that the “conditioning” and at least some of the fuel will likely be used for a business purpose, unless the driver can argue that the whole tank was used for personal conveyance. Which leads us to…

Distance? Did you notice that the above guidance makes no mention of distance traveled? There is no official limit to the amount of time or miles that could be spent driving a CMV for personal use and logging it “off duty,” just like there are no mandates saying what drivers “must” do during any other off-duty time. In theory, a driver could bobtail from the home terminal in Chicago to visit relatives in San Diego and log it all as “off duty” — getting a 34-hour restart along the way. Of course, it’s up to the company to decide if this type of CMV usage is authorized. Long-distance personal use may be scrutinized closely by enforcement officers and DOT auditors, so your records should verify that the use was in fact personal.

The 10-hour break? As suggested above, time spent driving “off duty” will count as part of a driver’s consecutive 10-hour break. For example, if a driver commutes home in a CMV for 2 hours, rests for 6 hours, and then commutes back to work for 2 hours, it would count as a valid 10-hour break, as odd (and dangerous) as that may seem. Again, this is based on the fact that there are no restrictions on what a driver can do during his or her off-duty time, as long as the driver is truly “off duty.”

Authorization? It is ultimately the company’s responsibility to authorize or not authorize personal use of the company’s CMVs, although the DOT does not require written authorization. Motor carriers should check with their insurers to discuss coverage issues, and have policies and training in place so that drivers know exactly when they can use company CMVs for personal conveyance.

Copyright J. J. Keller & Associates, Inc.

 

This bears repeating because it is true. There is NO HOS requirement regarding personal conveyance. None. The ONLY stipulation in the regulation (aside from that defining personal conveyance itself) is the following:

So, regardless of whether you are over your 11/14/70, or you're in the middle of your 10 or 34, if your personal use meets the requirements set out in the Guidance, you're good to go so long as you're not OOS. Obviously you can't use personal conveyance on a sleeper-berth 8/2 split... unless you can drive from the sleeper.

 

I got over excited and misread that last post. That post sums it up!

 

Not sure what you're trying to get at. I was agreeing with your post and providing the supporting FMCSA regulation guidance (including the link to the page on their website) and clarifying the OOS portion. :headscratch

For some reason it didn't hyperlink in the quote, but here it is again: http://www.fmcsa.dot.gov/regulations/title49/section/395.8?guidance (Question 26)

 

Sorry Lol I was reading your post wrong. I'm getting a MAXXFORCE coolant leak taken care of and feeling negative.