personal conveyance thread
Page 1 of 13
It's in black and white and not hard to understand if one doesn't try to read between the lines.
From what I read in DB's trashed thread again is....
Save your personal trips while you are empty or stop enroute loaded if you must. I have never come out from under a loaded trailer other than company direction. That's just poor planning and lack of responsibility. Drop a loaded trailer in an unsecure location and most likely you will be fired if something happens. But drop a loaded trailer and bobtail, legally you are still laden if you got in an accident in that short distance unless your company relieved you from responsibility. Most companies will give you a card stating such.
2) To and from terminal.... personal conveyance
That's for drivers that live near their terminal, drop their trailer usually and bobtail home.
That doesn't include an OTR driver that works for a company in another state and you deliver 150 miles from home and told to deadhead home.
The statement says "short distances". 150 miles is not a short distance. Someone has to be able to look at your logbook with no help and see how you got from point A to point B. If someone saw you went off duty at one place and back on duty 150 miles away, flags are going to fly. Did this guy run another load or not? Some seem to think if you are empty and not under load, you are free to relocate to another city. No, you are not free to do that. Personal conveyance means immediate area.
Now there are exemptions for an owner operator to use his tractor trailer for personal use. He can use his truck to move to a new residence or if he wants to move some of his own personal property, he is not under the regulations. I didn't mention company driver because they won't let you use the truck for personal use.Last edited: Apr 1, 2012
This is why some of the large companies with EOBR's are using it to jog empty trailers around an area... Say the Dallas/Fort Worth area? (ie Three empty trailers in one night to different locations in that area could add up to 120+ miles)
They are wrong and when you say some, you mean yours.
Here's what I posted in the other thread.
You are missing key words.....short distances....in the vicinity of
Dead heading 150 miles home is not a short distance.
Personal conveyance is just an exception to run around a local area to take care of personal business.
In this case the empty truck and trailer are considered property.
Though the FMCSA doesn't specifically address the issue of miles they sure tell what you have to do.
I did find one question about driving a empty truck to a shop.The answer was the empty truck was still property carrying as the empty truck was the property and therefore must adhere to the regulations.
I'm relieved from duty or performing work and I could go ANYWHERE I personally want after my last drop... Strip Joint, Hotel, Mall, WalMart, Truck Stop, Home anywhere. In this sense, I'm not directed to go home... I choose to go home because I sleep better at home than in the truck... If I'm rested better, I perform better... and Safer. Therefore, using PC to get home increases the safe performance of my driving endeavors.
So if the case is about property, the boss has say of the use of his property. Correct? Where does it state in the PC interpretation that property ownership is an issue in the use of PC?
An empty truck moved to a shop is not PC as it is required for the truck to be worked on, to perform work... In other words, your taking it to the shop because of an issue that needs to be addressed for the truck to continue to perform work... It's NOT a personal choice. So the issue we are facing now is, "What is a Personal Choice for driving the truck under off duty time".Last edited: Apr 1, 2012
Let me re-post one from the other thread.
The personal conveyance exception comes from the FMCSA interpretations on 395.8.
1) terminal/home - home/terminal commuting
2) travel to "restaurants in the vicinity" of enroute lodgings
These are the ONLY two allowed uses of a CMV as "personal conveyance". Just being "relieved from work and all responsibility for performing work" is not enough in and of itself.
Any other driving of a CMV would be DRIVING time.
I just keep reminding them of the increased liability that we're putting the company in by allowing so much PC time.
Crete's policy is along the lines of the posts above. Specifically, we can not be hooked to a trailer, the PC exemption is only for going from a given location to, say, a restaurant and return to the original location. It does not include any one-way trips.
While we may be assigned to a particular trailer (and, in rare cases, be under load), we must be bobtailing to use the PC exemption.
Page 1 of 13