Personal Conveyance to go home

I want to point out 390.6
§390.6 Coercion prohibited.
(a) Prohibition. (1) A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 171-173, 177-180, 380-383 or 390-399, or §§385.415 or 385.421;
(2) A motor carrier or its agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 356, 360, or 365-379.
(b) Complaint process. (1) A driver who believes he or she was coerced to violate a regulation described in paragraph (a)(1) or (2) of this section may file a written complaint under §386.12(c) of this subchapter.
(2) A complaint under paragraph (b)(1) of this section shall describe the action that the driver claims constitutes coercion and identify the regulation the driver was coerced to violate.
(3) A complaint under paragraph (b)(1) of this section may include any supporting evidence that will assist the Division Administrator in determining the merits of the complaint.
[80 FR 74710, Nov. 30, 2015, as amended at 81 FR 68348, Oct. 4, 2016]


This regulation is what it is. On page 6 of THIS FMCSA DOCUMENT, you can see where during the comment period of their proposed rulemaking you can see where Crete carrier asked about 390.6 in regard to a driver having to leave a shipper/receiver in violation of HOS rules. The FMCSA is between a rock and a hard place on this. They can't list an exception to the HOS rules because one they will be abused and two just as soon as someone kills the FMCSA will have liability. This is why they changed the PC rules to allow a driver a way out. Notice that regulation says you can make a complaint, however, if this is noted and the carrier has spoken to the driver about it, the carrier can use 390.6 to defend the time EVEN if it is logged on duty.

 

I seriously don’t think any DOT officer is dumb enough.

 

Wrong. And don’t spread misinformation. If you’re that misinformed just don’t post.

 

This is my OPINION ONLY! I am basing this opinion on MY interpretation of how the FMCSA has issued their guidance. I think you should NOT do this, and if you were driving my truck and under my numbers, I would ONLY allow you to go PC to get to the best rest haven. Let's assume you are driving 300 miles. This is going to take you at least 5 hours. I know what the guidance states, and I agree with it. 300 miles? after a 9 to 10 hour day driving? Then be in your 14th hour driving? Have an accident? I could never recommend a driver do this. @Ridgeline and others have touched on the insurance issue in other threads. they have a point. You drive 5 hours after a full day (just) going home and you are taking on serious legal liability, insurance carriers might not want you doing this.

 

Only if you dropped off your load at your home terminal and company allows PC can you go home on PC, legally. Of course you can do what ever you want. This from the FMCSA explains the different scenarios.

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


Edit: Please note the date at the footer of the page, very current, not from 1990's like some people are quoting from.

 

As ling as you are NOT advancing towards your next dispatch you can use PC.

So... if you live in PA, and your yard is in NJ... let's say you drop off your load in Delaware and are gonna deadhead back. Since you're NOT going to your Jersey yard for another load, you technically can PC to your home.

If you dispatch from home... you can NOT.

 

I guess you didn't read the FMCSA interpretations that I linked to, answer to question one disagrees with your scenario.

 

Question 1 on the FAQ states "normal work location", using "i.e., home or terminal" as an example.

It is not a question about returning to your "home" or "terminal" per se, but specifically your "normal work location".

If you normally dispatch from your home and did so that day, then no you can not PC back home since you are still under dispatch until the trip is complete.

If you normally dispatch from a terminal and did so that day, drop your load and choose to drive home then yes - this can be done under PC.

 

I think we are losing sight of the intent behind the PC rules. For the average OTR driver, they are NOT going to be using PC to go home or to a terminal. In fact, I can only remember just a few circumstances where I delivered or picked up within a few hours of my home or my terminal and be out of hours. Regional and local drivers operate in most situations differently. So at its base, the PC rules allow a driver an "out" to get to parking while out of hours after delivery or pickup or to travel off duty to eat or maybe to watch a movie. Once we get out of there situations the PC rules get murky. In these situations, I highly recommend a driver follow their carriers PC rules.

 

It all boils down to one thing only.

INTERPRETATION OF THE WRITTEN RULE.
Every LEO can, and will, have a diff interpretation as likely as each and every one of us do.

The best advice?
Follow the 11/14 and use the PC strictly to get yourself out of an emergency consignee situation, or to go to a restaurant/shopping on your 34.

That's what I do.

I'm out of it.