![]() ![]() If the driver still gets a citation and doesn’t believe he or she should have, carriers can use the DataQs process to challenge it.ĭeLorenzo also said that returning to the terminal is not considered personal conveyance, but rather the continuation of an interstate move. Other questions such as the amount of lighting available are left up more to the discretion of the driver.ĭeLorenzo emphasized the need for drivers to document the situation using annotations in their ELD, and to have a conversation with the enforcement officer at roadside. Obviously parking on the side of the road is not safe. What exactly is considered a safe location is not explicitly defined. “The next reasonable safe location with parking available is where you have to be.” However, he said, it’s not to be used as an excuse to get further down the road toward your next pickup or delivery. Again, the purpose of that movement is not to advance the load or get closer to where you’re going the purpose is to get somewhere safe in order to take rest.” ![]() Say I get woken up in the middle of the night because law enforcement wants me to move my truck. “But when you analyze why you are making that move – to get to a safe location to get your required rest – that can be done during personal conveyance. “Previously we had said, ‘Do the best you can, but it’ll put you in hours violation,’” DeLorenzo said. This opens it up to the ability to be used by drivers who run out of legal driving hours while delayed at a shipper or receiver so they can get to the nearest reasonable safe place to park, explained Joe DeLorenzo, director of the Federal Motor Carrier Safety Administration’s Office of Enforcement and Compliance, in a conference call with reporters. The new guidance focuses instead on the reason the driver is operating the commercial vehicle while off-duty, without regard to whether it’s loaded or not. The previous guidance, in 1997, explicitly excluded the use of “laden” vehicles as personal conveyance. ELD manufacturers are required to include a special driving category for personal conveyance. This must be documented in a driver’s logs, whether electronic or on paper. Motor carriers may, at their discretion, authorize drivers to use a commercial motor vehicle while off-duty for personal conveyance. Personal conveyance is not a new part of the hours of service regulations. FMCSA on May 31 published new guidance documents providing more detail of the “personal conveyance” provision of federal hours of service rules, including a key change from the 1997 guidelines, as well as clarifying the longstanding 150 air-miles hours-of-service agricultural commodity exemption. ![]()
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