One of the most misunderstood and misused features of ELDs is the allowance of Personal Conveyance, often noticed as PC.
Before we dive into the meaning and common questions about PC, there are two questions you should ask yourself to help determine if you are following part 395 of the regulations
Isthe movement solely for personal use with no benefit to the carrier?
- Is the driver relieved from work and all responsibility for performing work, and is the driver able to pursue activities of their own choosing?
If you answer "yes" to both these questions, then you are using PC correctly. If you answered "no" then you might want to keep reading.
With these two rules in mind, let's take a look at some frequently asked questions asked by many fleet owners.
Personal Conveyance Common Questions
- May a driver, who drops his or her last load at a receiver’s facility use Personal Conveyance to return to their normal work location?
No, returning home from a dispatched trip is still considered a continuation of the trip. This is not considered Personal Conveyance.
- Is Personal Conveyance treated any differently when the driver is hauling hazardous materials?
No, There is no restriction on Personal Conveyance regarding hazardous materials transport.
- Can a driver who claims the short haul exception use Personal Conveyance?
Yes, there is no parallel between Personal Conveyance and the short-haul exception. As always, Off-Duty time does not exceed the 12-hour duty time limitation.
- How is Personal Conveyance time calculated in the hours-of-service rules?
Time spent under Personal Conveyance is considered Off-Duty time.
- Can a loaded vehicle be used as Personal Conveyance?
When it's appropriate to use Personal Conveyance
With these looming questions answered, let's determine a few situations when it is the right time to utilize PC.
- Time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities.
- Commuting between:
- The driver’s terminal and his or her residence
- Trailer-drop lots and the driver’s residence
- Work sites and his or her residence
In these scenarios, the commuting distance combined with the release from work and start to work times must allow the driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued.
- Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading.
- Moving a CMV at the request of a safety officer during the driver’s Off-Duty time.
- Time spent traveling in a motor-coach without passengers to en route lodging (such as motel or truck stop), or to restaurants and entertainment facilities and back to the lodging. In this scenario, the driver of the motor-coach can claim PC provided the driver is Off-Duty.
- Time spent transporting personal property while Off-Duty.
- Authorized use of a CMV to travel home after working at an offsite location.
When it's NOT appropriate to use Personal Conveyance
Now that we have established a few scenarios when it is acceptable to use Personal Conveyance, let's look at some instances when it isn't acceptable.
- The movement of a CMV in order to enhance the operational readiness of a motor carrier. For example, bypassing available resting locations in order to get closer to the next loading or unloading point or other scheduled motor carrier destination.
- After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the motor carrier to pick up another towed unit.
- Time spent driving a passenger-carrying CMV while passenger(s) are on board. Off-duty drivers are not considered passengers when traveling to a common destination of their own choice within the scope of this guidance.
- Time spent transporting a CMV to a facility to have vehicle maintenance performed.
- Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.
- Continuation of a CMV trip in interstate commerce in order to fulfill a business purpose, including bob-tailing or operating with an empty trailer in order to retrieve another load or re-positioning a CMV (tractor or trailer) at the direction of the motor carrier.
If you have more questions about the differences between AOBRD and ELD, read our AOBRD to ELD upgrade guide.
FMCSA Personal Conveyance