Personal Conveyance revisited

If you don't mind @Cattleman84 I would like to amplify your comment a bit. I 100% agree with that part about staying on line 3 or 4 until you are actually parked. NEVER falsify a log, EVER! Most carriers are OK with going over driving or on-duty time, from time to time because unfortunately, it's the nature of OTR driving. Even FMCSA auditors actually expect to see these from time to time when they do audits. They expect to see where the company spoke to the driver and they won't take it further unless it's grossly abused. In fact, if a FMCSA auditor finds ZERO clock busts it's a sign to them the carrier is either illegally falsifying logs or are forcing the drivers to do so, and they have been known to spend days combing through all the available records. This was more the case back in the paper logs days. Above all, don't overthink PC. Just find a safe place to park and shut down. Drivers have been doing this for years and you are far from the only one facing this.

 

Keep in mind that alot of companies severely limit using pc at all except under an emergency situation, and will make you call safety in the middle of the night for permission. Then of course, saftey doesn't answer and then your on your own. Some of the smaller outfits are a little more accepting of using pc.

 

That is actually one of the reasons we have PC. *PC dates back to way before e logs. Most log books just didnt have a line 5. But it was legal to draw that line in book yourself* 1993 got an out of service and a ticket in Rhode Island. Cop said there was no such thing. I went to court with my green book. Read it out loud to judge CASE DISMISSED.

 

Personal Conveyance | FMCSA


Examples of Appropriate Uses of a CMV While Off-duty for Personal Conveyance
The following are examples of appropriate uses of a CMV while off-duty for personal conveyance include, but are not limited to:

1. Time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities.
2. Commuting between the driver’s terminal and his or her residence, between trailer-drop lots and the driver’s residence, and between work sites and his or her residence. In these scenarios, the commuting distance combined with the release from work and start to work times must allow the driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued.
3. Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available.
4. Moving a CMV at the request of a safety official during the driver’s off-duty time
5. Time spent traveling in a motorcoach without passengers to en route lodging (such as motel or truck stop), or to restaurants and entertainment facilities and back to the lodging. In this scenario, the driver of the motorcoach can claim personal conveyance provided the driver is off-duty. Other off-duty drivers may be on board the vehicle, and are not considered passengers.
6. Time spent transporting personal property while off-duty.
7. Authorized use of a CMV to travel home after working at an offsite location.

Examples of Uses of a CMV that Would Not Qualify as Personal Conveyance
The following are examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following:

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.
2. After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the motor carrier to pick up another towed unit.
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.
4. Time spent driving a passenger-carrying CMV while passenger(s) are on board. Off-duty drivers are not considered passengers when traveling to a common destination of their own choice within the scope of this guidance.
5. Time spent transporting a CMV to a facility to have vehicle maintenance performed.
6. After being placed out of service for exceeding the maximum periods permitted under part 395, time spent driving to a location to obtain required rest, unless so directed by an enforcement officer at the scene.
7. Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.
8. Time spent operating a motorcoach when luggage is stowed, the passengers have disembarked and the driver has been directed to deliver the luggage.

 

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I was looking for something and came across THIS article. The last paragraph is a link to some of the history behind this change and why the FMCSA made these changes. I have been in contact with some of the carrier officials that made comments during the rulemaking procedures. There was MAJOR concern coming from several large carriers that their drivers were being forced by shippers and receivers all across the country to violate the HOS rules in 395, in violation of 390.6. So the FMCSA made these changes as a part of their guidance to part 395. On a personal note, I think the FMCSA handled this in a chicken (redacted) way. Instead of acting in accordance with their authority in regulating goods and services in interstate commerce and placing these crooks in these places on notice TO STOP doing this, the FMCSA went the cowards way out! This my friends is the kind of government we all have!

 

Yes; I was told to continue driving in violation but to show and make notes that I had attempted to find parking. Logs suggested to start looking around the 2hr mark and it would be justifiable to rarely go into violation if unable to find parking.

I usually know where I’m going to be parked by that time. I’ve not driven into a violation while looking for parking. I have while under PC looked for parking; I made log notes and pulled my dash cam. I found parking at the 3rd truck stop.

 

Odd how what the head of FMSCA, said the time was ok, dot disagrees with. Drivers are routinely told to leave the premises or be charged with trespassing,,if your out of hours go P C and find a safe parking place, that's going to better than the consequences of most of Chicago.

 

You can go to Yard Move to get to the door, then PC if kicked off property.