Over-abused Personal Conveyance

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by reefertank, Jun 22, 2020.

  1. reefertank

    reefertank Light Load Member

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    I'm sure a lot of you have abused this far more than once, I being one. I haven't gotten caught on the road, but what worries me is when DOT comes in to do an annual inspection/audit. If I have misused this status, say 20 times, does that mean I get ##'d 20x?

    For instance, I've traveled empty, no dispatch, from the receiver to my terminal to take my 34 hour at home. I've done this maybe 10 times already. I just saw an opinion piece by an expert that says this is a common misunderstanding. You should be finding the nearest truck stop as driving back to the terminal is considered work.

    I've done other no-nos as well that could get me in the hot seat.
     
    Last edited: Jun 22, 2020
    Reason for edit: inspection/audit
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  3. wichris

    wichris Road Train Member

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    If you're audited it takes 10%> of the log violations to get big fines.
     
  4. bad-luck

    bad-luck Road Train Member

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    They could bang you during an Audit. If you get a level 1 inspection you will get put out of service for falsifying your logs. Go to FMCSA and look up any mega carrier, and they will have many out of service log violations for falsifying logs. This is most likely why
     
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  5. Lennythedriver

    Lennythedriver Medium Load Member

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    If you deliver a load on Your way to start your time off, and you run out of hours waiting on a shipper to unload, why can’t you use personal conveyance to drive home? I mean if you’re working a regular job and you get off work after a long day you can still get in your car and drive home. LOL why should truck drivers be any different? Why do I have to find somewhere around the corner and sit like an idiot for 10 hours so the government says I can legally drive home?
     
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  6. CousinVinny

    CousinVinny Medium Load Member

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    "Personal Conveyance" is not a duty status. It is simply OFF DUTY with a canned reason as to why you are driving the truck at that moment.

    But - that is only a valid explanation if that is what you are actually doing. If you are driving back to your terminal, you are not off duty. If you are driving back to your terminal under PC, you are falsifying your logs.

    Now FMCSA did clarify that there are some exceptional situations where PC is appropriate. Like you describe, getting stuck at a receiver waiting to be unloaded and running out of hours.

    In that situation, the driver should locate the closest safe place to take their break and PC there. That parking spot might be in the direction the driver is headed, or it may be in the opposite direction.

    If the driver instead decides to PC to a spot that is slightly further than the closest one, but is in the direction of travel, that driver is now enhancing operational readiness and has falsified their logs.
     
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  7. bad-luck

    bad-luck Road Train Member

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    Your right! Most big truck accidents are caused by 4 wheelers, and studies have shown this. The government knows this as well! When is the last time that you saw a public service announcement on tv, showing the dangers of cutting off a big truck?
     
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  8. Lennythedriver

    Lennythedriver Medium Load Member

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    All very valid points and I agree with all of them but you missed my main question. If I’m delivering my last load before I go on home time, and let’s say I’m 50 miles from home when I finished my delivery but I’m out of hours, why do I have to sit in that area for 10 hours before I can drive home? I’m off work, I delivered my last load, it’s no different than getting in my car and driving home to start my days off. But per my understanding I’m not allowed to go on personal conveyance and do that?
     
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  9. bad-luck

    bad-luck Road Train Member

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    The reason why is that the trucking industry is governed by the government, and has rules and regulations. That most of us don't agree with. Some government cronie sitting behind a desk, who has never driven a truck and doesn't even know how comes up with these regulations.
     
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  10. CousinVinny

    CousinVinny Medium Load Member

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    Oh ok I get what you mean.

    If you have to drive the empty trailer back to the terminal, you aren't off work yet. If you don't have to drop the trailer off at the terminal, then you are OK to PC all the way home. If you choose to drive back to the terminal because your car is parked there, you are not off work yet. But you can choose not to pick up your car and drive straight home under PC.
     
  11. Lennythedriver

    Lennythedriver Medium Load Member

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    Good stuff! I always thought I would have to park somewhere nearby and do a break before I could drive home. But this makes more sense to me. My terminal is out of Texas but I live in Oklahoma so I don’t have a vehicle at the terminal. When I go home, I always take the truck and trailer with me. That’s the way my company does it.
     
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