With the introduction of electronic logging devices (ELD), which automatically captures all the times that a vehicle is driven, it is more transparent when a driver is using personal conveyance. This has highlighted the need for further clarity on when the use of personal conveyance will be permitted from an enforcement standpoint.

The latest FMCSA guidance on personal conveyance clarifies that personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. As a general principle, a driver must be relieved from work and all responsibility for performing work by the motor carrier when recording the driving time as off duty for personal conveyance. The CMV may be laden or unladen, which allows those straight trucks to be used for personal conveyance, if the carrier allows.

The guidance further clarifies the circumstances when that status can and cannot be used.

Personal conveyance can include: Traveling from a driver’s lodging to restaurant and entertainment facilities Commuting between driver’s terminal or trailer-drop lots, between work sites and the driver’s place of residence Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading Moving a vehicle at the request of a safety official during the driver’s off-duty time Time spent transporting personal property while off-duty Authorized use of CMV to travel home after working at an offsite location

Personal conveyance cannot include: Moving the CMV to enhance the operational readiness of a motor carrier such as bypassing available rest locations to get closer to the next loading or unloading point or other scheduled destination Continuing a trip in interstate commerce in order to fulfil a business purpose including bobtailing or operating with an empty trailer to retrieve another load or reposition the CMV or trailer at the direction of the carrier Traveling to a facility to have vehicle maintenance performed Traveling to the carrier’s terminal after loading or unloading from a shipper or receiver

Things you need to know:

• It’s up to the carrier to allow personal conveyance. Just because it is allowed within the guidance does not mean that it has to be allowed by the carrier.
• Carriers can set limits and restrictions on use of personal conveyance. These should be outlined in the carrier’s company policy on personal conveyance and important for each driver to understand it fully.
• A driver must select and deselect personal conveyance status on the ELD for it to be treated as off-duty status. Otherwise it will be recorded as driving time and cannot be edited.
• Any time that’s captured as personal conveyance is counted as off-duty time. It means that any time captured as personal conveyance will not interrupt any off-duty rest breaks or affect on-duty limits.

Want a deeper dive into the updated regulations? Join EROAD’s Director of Regulatory Compliance, Soona Lee, in a webinar on July 24th at 10am Pacific as we discuss, “How to use ELDs with personal conveyance and agricultural exemption.“