Mark Schedler - DOT Sr. Editor - J. J. Keller & Associates, Inc.
June 29 , 2018
The new Personal Conveyance interpretation which is an updated version of question 26 from §395.8 is below, including FMCSA’s examples of what is allowed and not allowed as PC:
“Question 26: Under what circumstances may a driver operate a commercial motor vehicle (CMV) as a personal conveyance?
Guidance: A driver may record time operating a CMV for personal conveyance (i.e., for personal use or reasons) as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time. Personal conveyance does not reduce a driver’s or motor carrier’s responsibility to operate a CMV safely. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, this guidance, such as banning use of a CMV for personal conveyance purposes, imposing a distance limitation on personal conveyance, or prohibiting personal conveyance while the CMV is laden.
In our last post we discussed appropriate uses personal conveyance. Here are some additional examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following:
Hours-of-service regulations have not changed. However, the electronic logging device mandate has brought to light many of the operational challenges posed by operating within those regulations. Carriers must recognize that what is “appropriate use” in this interpretation may be viewed differently in a court room. FMCSA was clear that liability determination after a crash is outside FMCSA authority, and is a matter to be based on factors such as the principles of tort law. When crafting and disseminating a personal conveyance policy, consider the tradeoff of increased potential liability for this new-found flexibility.
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