How has the ELD mandate changed the use of Personal Conveyance?

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Personal Conveyance ELD

VDO RoadLog screen showing Personal Conveyance

We’ve received a lot of questions recently about the use of Personal Conveyance status under the ELD mandate. What do drivers and fleets need to know? Read on.

Personal Conveyance & ELD

Under the ELD rule, a carrier that allows its drivers to use their trucks as a Personal Conveyance may configure the ELD to provide this special driving category as an option. This means, the ELD software will include a functioning Personal Conveyance button on the display screen to give drivers the ability to select this category of driving when they are Off-Duty, and their truck is unladen. Keep in mind that, it’s the carrier’s choice on whether it will allow use of Personal Conveyance. A carrier may also choose to disable the button.

Meeting FMCSA Requirements

When drivers meet the FMCSA criteria to use the Personal Conveyance category, they must first change their duty status to “Off-Duty,” and then select Personal Conveyance using the button on the display screen. At this point, when the truck starts moving, the ELD will automatically capture and place this Off-Duty driving time on line 1 (Off-Duty line) of the ELD record and not on the line 3 (Driving line). Under the ELD rule, this Off-Duty driving time must look different on the electronic record, that is, it must be programmed by the supplier to be either a dotted, dashed or shaded line so that it can be easily seen or viewed as Off-Duty Personal Conveyance driving. When a driver is finished using the truck for personal use, the driver must change from Personal Conveyance by again pushing a button on the display screen.

What Now?

Most drivers and companies will use the Personal Conveyance line as intended and consistent with FMCSA’s longstanding guidance (i.e., short driving distances, driver not under dispatch, has no work responsibilities, is truly Off-Duty, and truck is unladen). However, it’s likely there will be occasions when the Personal Conveyance line is used improperly by a driver. It is up to the Carrier to ensure that the driver’s follow the guidance.
Personal Conveyance is a common and accepted industry practice that will continue under the ELD rules. While the criteria for using Personal Conveyance is not clearly spelled out in the ELD rule, FMCSA’s longstanding Personal Conveyance guidance still applies.

FMCSA guidance on Personal Conveyance rules

FMCSA’s regulatory guidance is currently available on the Agency’s website at:
https://www.fmcsa.dot.gov/regulations
Question 26 under section 49 CFR 395.8 currently reads as follows:

If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered Off-Duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered Off-Duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a Personal Conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home. A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest.

For more common questions about ELD regulations and the VDO RoadLog ELD System, check out our FAQs

 

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