For company drivers and leased owner-operators, a lot depends on the carrier you’re driving for or leased to and its internal policies, as it’s fairly common for carriers to set limits on “personal conveyance” — off-duty driving of the truck for non-work/-business reasons — that simply don’t exist in current regulatory guidance.
In this video, originally part of Overdrive‘s Trucking Law series, attorney Paul Taylor’s distillation of regulatory guidance around personal conveyance (PC) makes clear what is and isn’t acceptable off-duty movement of the truck. If some in the enforcement community and trucking have their way, though, guidance in the future could change, with new limits.
[Related: CVSA asks for ‘personal conveyance’ clarification in HOS]
The Commercial Vehicle Safety Alliance of law enforcement and industry associates in 2022 reiterated a request to the Federal Motor Carrier Safety Administration to update its guidance around PC to include a time and/or distance limitation on personal use of a truck. That request was later denied, not the first time CVSA run up against a denial by regulators. A previous petition to FMCSA for time/distance limits to personal conveyance was denied by the agency in September of 2020. CVSA contends that inspectors have difficulty determining if a driver’s use of personal conveyance is legitimately for personal use rather than a method of skirting hours of service regulations.
Yet that apparent difficulty didn’t prevent inspectors from issuing thousands of false log violations for improper use of personal conveyance since June of 2021, when enforcers began tracking the issue specifically.
Some among owner-operators also note confusion around what is and isn’t law when it comes to personal conveyance as a significant source of inspector/driver animosity at roadside. Notably, Canada takes a distance-limited approach to personal conveyance, with a 75 km (about 47 miles) cap on personal use miles, similar to what CVSA would like to see in U.S. guidance and/or regulation.
[Related: ‘Personal conveyance’ in the hours of service: Owner-operators say no to time/distance limits]
Further reading on the topic of personal conveyance and the hours of service:
Read next: How to challenge erroneous violation and crash data: FMCSA’s DataQs system
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