FMCSA Adds Flexibility to ELD Rule

June 12, 2018

The Federal Motor Carrier Safety Administration (FMCSA) has revised its personal conveyance guidelines, increasing the flexibility for commercial drivers to expand the use of off-duty driving status.

The new guidance is a break for drivers under the federal hours-of-service rules, as well as for shippers and consignees that do not have adequate parking on site at warehouses and similar locations.

FMCSA says drivers now can move from a shipper or receiver to get to the nearest safe resting spot as a personal conveyance after their hours of service are exhausted. Drivers can also use the personal conveyance status if their off-duty hours are interrupted by law enforcement demanding they reposition their vehicle. FMCSA notes that the commercial motor vehicle may be used for personal conveyance even if it is laden, because the movement is not for the benefit of the carrier.

Trucking groups told FMCSA that drivers should be allowed movement from the shipper or receiver’s place as personal conveyance if the drivers’ purpose for operating the vehicle is to find a safe place to rest. FMCSA agreed, telling drivers to annotate their log if they cannot park at the nearest safe location and must move to another place.  However, FMCSA cautioned that the vehicle should not be moved any further than the nearest reasonable safe area for the driver to complete his or her rest.

ILMA members can review FMCSA’s new Personal Conveyance Regulatory Guidance. The guidance includes examples of what does and does not qualify as personal conveyance.