

- FMCSA PERSONAL CONVEYANCE DRIVERS
- FMCSA PERSONAL CONVEYANCE UPDATE
- FMCSA PERSONAL CONVEYANCE DRIVER
- FMCSA PERSONAL CONVEYANCE FULL
18 denied a CVSA petition requesting that the agency update its definition of personal conveyance and clarify a mileage limit.Ī letter written by FMCSA acting administrator Wiley Deck and addressed to CVSA Executive Director Collin Mooney claims that the CVSA proposal lacks a “sufficient safety basis” to proceed with rulemaking that “would essentially propose arbitrary limits without any evidence of safety critical events avoided.”ĬVSA filed the petition in May, after FMCSA announced a controversial final rule the agency claims adds flexibility to hours-of-service regulations.
FMCSA PERSONAL CONVEYANCE DRIVER
In 2021, false records of duty status violations represented the 3rd most documented driver violation, as compared to it being the 6th most frequent violation in 2019,” the CVSA stated.Washington - The Commercial Vehicle Safety Alliance is evaluating its next course of action after the Federal Motor Carrier Safety Administration on Sept.

As a result, the number of false log violations are increasing. In some instances, inspectors are able to identify this misuse and cite a driver for false record of duty status. “Since our original petition, inspectors are seeing an increased misuse of this provision. The CVSA previously requested that the FMCSA provide new guidance on personal conveyance in 2018, but the FMCSA denied the request, which the group says is resulting in an uptick in log book violations.

That change has opened the door for drivers to falsely claim the use of personal conveyance when they are really attempting to further their trip and extend driving time. These challenges were exacerbated by the change in the guidance to allow laden vehicles to be used under personal conveyance. These parameters, however, are extremely difficult to verify during a roadside inspection, particularly when the personal conveyance has been utilized on previous days and/or trips in the record of duty status, making enforcement of the misuse of personal conveyance very difficult. The guidance provides some parameters for the use of personal conveyance, all with the goal of ensuring the trip is for personal use. In addition, the lack of a defined maximum daily time or distance makes it difficult for law enforcement to determine if a driver is genuinely operating under personal conveyance or attempting to circumvent the hours-of-service regulations. Allowing significant extension of driving time with the use of personal conveyance undermines the goals of the hours-of-service regulations. The hours-of-service limits exist to mitigate the impacts of fatigue on highway safety.
FMCSA PERSONAL CONVEYANCE DRIVERS
Without a maximum daily distance and/or time limit, the guidance presents a legal way for drivers to significantly extend their driving time and the furtherance of their load while recording personal conveyance.
FMCSA PERSONAL CONVEYANCE FULL
This presents the opportunity for increased driver fatigue and risk on our roadways, as drivers may decide to travel hundreds of miles in order to strategically relocate to an alternate location after driving a full day. Under the current guidance, a driver could, in theory, drive hundreds of miles over the course of several hours all under the designation of personal conveyance. In a letter to the FMCSA, the CVSA points to several reasons for adding concrete limits to the use of personal conveyance: 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. Personal conveyance does not reduce a driver’s or motor carrier’s responsibility to operate a CMV safely. 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. 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. Question 26: Under what circumstances may a driver operate a commercial motor vehicle (CMV) as a personal conveyance? Current FMCSA guidance on personal conveyance is below:įMCSA guidance for § 395.8, Driver’s record of duty status currently states:
