The time driving must allow adequate time for required rest and must be to the first resting location reasonably available. Under the new guidance, “ime spent traveling to a nearby, reasonable, safe location to required rest after loading or unloading” is “personal conveyance”. Frequently waits to load or unload drain a driver’s HOS, but they are then forced by the shipper or receiver to leave their premises. There are two other major clarifications. Whether “laden” or “unladen”, the guidance then looks at the nature of the activity of the CMV in determining whether it constitutes “personal conveyance.” The new guidance makes a major change in that does not require the CMV to be “unladen.” The reason for the removal of the “laden” exclusion is to make “personal conveyance” available to straight trucks and work vehicles from which loads and equipment cannot be removed. It would also include a short distance to a restaurant or entertainment while en route. “Personal conveyance” would be considered to include from home to the terminal and vice versa. If the CMV was “unladen”, the guidance then looked at the activity involved. A “laden” vehicle did not qualify for “personal conveyance.” Period. That guidance made “personal conveyance” hinge on whether or not the CMV was “laden”. Instead, the FMCSA still takes the approach that it will “know it when it sees it”.įor more than two decades, we have lived with a guidance rather than a definition. Having to account for all movements of a commercial motor vehicle (“CMV”), the time allocated to “personal conveyance” will be important to account for time that is not “on-duty” or “driving”.Īs with the prior guidance, the recent guidance still does not give us a definition. The advent of ELD’s has made the meaning of the term even more important. It has been construed in a way to reconcile the limits of driving and “on duty” time to meet the needs of a particular type of activity. “Personal conveyance” has had as many definitions as there have been trucking companies and drivers that use it. How far? How much time? From where? To where? “Personal conveyance” has long been an issue in our industry. These examples and the explanation provide major insights and changes. However, while not defining the distance or time limits of “personal conveyance”, the guidance provides examples of what it does, and does not, mean. Important clarification includes movement when laden, when HOS exhausted after loading/unloading, and when at the direction of safety official when “off duty”. This appears to the FMCSA’s approach to “personal conveyance” in their guidance. Supreme Court Justice declined to define “pornography”, instead noting, “But I know it when we see it”.
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