Personal Conveyance question while on your reset?

Hey, you've got to eat, I can't think of a better reason for personal conveyance, but then I don't belong to a company that would put a blotch on my career for breaking the rules, or an angry DOT cop that lost his wife to a truck driver, but that's me.

 

Yes that's what I was thinking of.

Pc is saying for enroute lodgings or restaurants... 40 miles in the direction of the destination? And with the recent rule of loaded trailers allowed? I think that's stretching it... Wal-Mart or movies don't exactly fit that criteria I'd say..

If you were my driver I would say no sorry..

 

The regulations says the first safe area, if that happens to be in the direction of the load, that is legal. Now on the other hand if the closest safe area was in the opposite direction and he/she decided to head towards the direction of the load, then driver would be in the wrong. In this scenario we are not talking about safe haven, we are talking, supplies and a movie. Why would he have to drop trailer? Laden or unladen is the same now. He/she needs to know company policy on PC. Did they limit to 40 miles, FMCSA has no limit on miles or times. Just has to make sense to DOT, reasonable miles and times. As a matter of fact one FMCSA scenario talks about 60 miles in Alaska as being reasonable.

 

Actually, I think the FMCSA has not issued any guidance as to where you go or how far you can go. In a lot of cases like this, they refer to the carrier. However that guidance I posted is clear, you had better not be loaded while running PC. You can get busted for that.

 

Moose, laden or unladen, doesn't matter anymore. That was change to include box trucks that couldn't drop their load. You are right, FMCSA, does not limit on hours or miles, Carrier can if they elect to do so. Also carrier can prevent PC all together or limit it to mile or hours and so on.

 

All I can go by with advice is what the FMCSA has issued with their guidance. The FMCSA will not continue to place regulatory guidance if it has been changed or altered by later rule changes. If you say otherwise I'm going to need to see a link. I'm not trying to troll you or be a jerk. When I post advice I do my best to ensure said advice is right from title 49 CFR. As I said, if that guidance has been superseded I need to see a link!

 

Personal Conveyance

 

If your intent is truly solely for the purpose of doing some shopping, meals, entertainment, etc., you are not moving under instruction from the carrier, and you are going to the first such facilities available to you, then I would say you are good to go. Just be prepared to articulate your move as I have just described it if you do get stopped.

Nor would I be overly concerned about returning to your starting point.

There is nothing in the Guidance referring to direction of travel. That is a misunderstanding of the actual words (furtherance of carrier's business) and intent of the new Guidance. The closest reference to "direction" regarding your situation is shown below.

Examples of Uses of a CMV that Would Not Qualify as Personal Conveyance

1. The movement of a CMV in order to enhance the operational readiness of a motor carrier. For example, bypassing available resting locations in order to get closer to the next loading or unloading point or other scheduled motor carrier destination.

3. Continuation of a CMV trip in interstate commerce in order to fulfill a business purpose, including bobtailing or operating with an empty trailer in order to retrieve another load or repositioning a CMV (tractor or trailer) at the direction of the motor carrier.

- Personal Conveyance

- Personal Conveyance: Frequently Asked Questions​

 

Guys, it doesn’t matter if you’re loaded or not anymore.

 

Thank you! I see that bit in the guidance section of 395 is outdated. I'm satisfied!

 

People need to understand PC was made to get you out of a bind, not to drive for hundreds of miles. Go to restaurant, go to hotel, find first safe haven. Here you can clearly see its from FMCSA Nov 2018. You can not deliver and then go home on PC. Yeah people will do what people want to do, but it in not legal. You guys can interpret the law anyway you want, what matters is when DOT pulls you over and sees the regulations his way and gives you a warning that you can't fight.

Edit: By the way Moose, I respect the fact that you don't want to give out false information on the site. You and I are on the same page.....Thanks


https://www.fmcsa.dot.gov/sites/fmc...s-service/427416/personal-conveyance-faqs.pdf