Trucker's Personal Conveyance: Navigating the Rules

undefined Trucker's personal conveyance is a term used to describe the use of a commercial motor vehicle (CMV) for personal reasons while not driving, and their status is off duty. However, changing the driver’s duty status to personal conveyance is essential before moving the vehicle.

What Is Trucker’s Personal Conveyance?

Trucker’s personal conveyance allows truckers to use their CMV for non-business-related activities, such as running personal errands or going to a doctor's appointment, without violating federal hours of service (HOS) regulations. However, navigating personal conveyance rules can be complex for truckers and carriers alike.

The Federal Motor Carrier Safety Administration (FMCSA) defines personal conveyance as "the operation of a CMV for personal use, unrelated to the transportation of property or passengers, by a driver who is on-duty but not driving."

That means that personal conveyance can only be used during on-duty, not driving time, and cannot be used for any activities related to the transportation of property or passengers. Additionally, the personal conveyance must not interfere with the driver's ability to comply with HOS regulations.

All of these could be considered personal conveyance:

Traveling to restaurants, entertainment, or another hotel from the driver’s lodging.
Traveling from a trailer drop site or terminal to home.
The movement of the motor coach without passengers (other drivers are not passengers) to a hotel, entertainment site, or restaurant.
Transporting personal property while off-duty.
Traveling from work to home.

Not necessarily personal conveyance:

Movement to “a nearby, reasonable, safe location” to rest.
When ordered to move their CMV by safety or law enforcement officials; however, when this occurs during the mandatory 30-minute break, the 30-minute click must re-start after the move.

Not personal conveyance:

Refueling the truck or motor coach.
Picking up parts for the CMV when that is the sole purpose of the move.
Moving your vehicle for fleet convenience, such as parking at a shipping dock.
Driving passengers to a restaurant or organized event, even when the driver will participate or eat.
Traveling to a shipping yard.
Returning left luggage to passengers or delivering baggage to a hotel or event, which is on-duty driving.

Keep in mind that anything work-related is not personal conveyance.

Avoiding Abuse of the Trucker’s Personal Conveyance (TPC) & HOS Rules

One of the primary concerns surrounding TPC is the potential for abuse. Drivers may use TPC as an excuse to violate HOS regulations or use their CMV for illegal activities. This concern is not finger-pointing, but it does happen, and something to watch for.

To prevent abuse, the FMCSA requires carriers to establish policies and procedures for TPC and to train drivers on the proper use of personal conveyance. Carriers are also responsible for monitoring and documenting TPC usage to ensure compliance with regulations. It is easy to comply with these DOT FMCSA policies using an electronic logging device (ELD).

Another essential aspect of TPC is the proper documentation of usage. Drivers are required to keep accurate records of their TPC usage, including the time, location, and purpose of each trip, which has been made easy since the release of the ELD. However, the driver must remember to change the Record of Duty Status (RODS).

This documentation must be provided to the carrier upon request and kept for at least six months. Failure to properly document TPC usage can result in penalties for both the driver and the carrier.

Personal Conveyance Benefits for the Driver

Despite the potential confusion and potential for abuse, TPC can be a valuable tool for truckers. It allows them to take care of personal matters without violating FMCSA HOS rules and can improve their overall quality of life. However, truckers and carriers alike need to understand and comply with the rules surrounding personal conveyance to ensure safety and compliance with regulations.

Another potential problem is when the driver uses the vehicle for personal conveyance without changing the RODS on the ELD to personal conveyance. When that occurs, they must contact fleet HQ to get help to amend the RODS and document the miles driven and other details surrounding the error.

In conclusion, Trucker's Personal Conveyance (TPC) is a term used to describe the use of a commercial motor vehicle (CMV) for personal reasons while on duty. TPC allows truckers to use their CMV for non-business-related activities, such as running personal errands or going to a doctor's appointment, without violating federal hours of service regulations. However, the rules surrounding TPC can be confusing, but truckers and carriers must comply with them to ensure safety and compliance with regulations.

Contact a CA traffic attorney when accused of misusing the DOT FMCSA regulations regarding personal conveyance, violating traffic laws, or violations like overweight trucks and others on I-5 or I-80 around Sacramento.

Ask Bigger & Harman, APC, About Your Situation or Traffic Ticket in Sacramento County, CA

Ask Bigger & Harman, APC, about issues and accusations surrounding FMCSA HOS violations, call (661) 349-9300. You can also use the online contact form or email attorney@biggerharmanlaw.com.

Se habla Español (661) 349-9755.

References:

The DOT FMCSA Final Rule 27 DEC 11, Summary of Hours of Service Regulations

The DOT FMCSA, Summary of Hours of Service Regulations.

The DOT FMCSA RODS Summary.