The DOT FMCSA allows commercial drivers to use personal conveyance as a non-duty status on their Electronic Logging Device (ELD) to use their commercial vehicle for personal errands while off-duty. 

“Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. A driver may record time operating a CMV for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier.” — The DOT FMCSR on Personal Conveyance.

However, authorization must be given by the carrier for fleet drivers. Likewise, changes to the Record of Duty Status (RODS) on the ELD must be coordinated with fleet HQ after a mistaken use of personal conveyance counted as on-duty driving. 

Examples of Personal Conveyance 

All transport done for personal reasons while off-duty is considered personal conveyance, and the ELD RODS must be changed before driving. 

Personal conveyance is:

• Driving to a convenience store for a sandwich and cola to take back to the driver’s lodging.
• Driving from lodging to dinner at a local restaurant.
• Driving home after dropping off or picking up a load. Driving should not be too long a distance so that the driver would not get adequate rest before their next on-duty driving shift.
• Moving personal property while off-duty.

Remember, personal conveyance is for personal transportation while off-duty and unrelated to work. 

What Is Not Considered Personal Conveyance According to the Hours of Service Rules

Things done for the employer or fleet manager or work-related are NOT considered personal conveyance:

• Fueling the vehicle.
• Picking up parts for the vehicle.
• A driver may not pass an acceptable lodging to park closer to the next loading or unloading point.
• Driving to a maintenance shop or garage.
• Traveling to a carrier’s designated location after loading or unloading.

Remember, anything that could be considered work-related is not personal conveyance. Chances are if the employer or fleet manager requested it, it is work-related.  

Although they are off-duty, drivers are reminded to operate their CMVs safely. 

Likewise, carriers may prohibit personal conveyance while there is cargo in the truck or luggage and/or passengers onboard a charter bus. In fact, they can restrict or prohibit their CMVs from being used for personal conveyance entirely. 

If you’ve been cited for exceeding the limits of the DOT FMCSA Hours of Service rules, consult a CA traffic attorney. 

Contact Bigger & Harman, APC, When You Need Assistance Disputing an Errant Charge for an Hours of Service Rules Violation Due to Personal Conveyance  

Truckee Courthouse in Truckee, CA, 

Call Bigger & Harman, APC, at (661) 349-9300 — use our contact form and send an image of the ticket/violation or email attorney@biggerharmanlaw.com. 

Se habla Español (661) 349-9755.

Download our e-book, Protecting Your Commercial Driver License.

References:

The DMV Portal CA Commercial Driver Handbook.

The DOT FMCSA Hours of Service Regulation concerning Personal Conveyance.

The DOT FMCSA Hours of Service PowerPoint Presentation on Personal Conveyance.