FMCSA about Special Driving Statuses News

FMCSA about Special Driving Statuses

01.12.2018 - 6:32 PM Comments: 14

The way truck is used by drivers is likely to change due to the approach made by the Federal Motor Carrier Safety Administration (FMCSA) concerning it. A proposal has been issued with the aim of modifying the current guidelines for the use of trucks as personal means of movement to motel, restaurant or home.

However, the guide is not the ELD mandate, but it shall focus mostly on hours-of-service regulations. The used of trucks as personal vehicles have gained attention since December 18, 2017, as the ELD mandate became compulsory.

The Federal Motor Carrier Safety Administration (FMCSA) proposal as suggested the removal of the law which required that CMV (commercial motor vehicles) must first be unladen in order to be used for personal purpose. If this is possible, the truck driver will be able to use their truck for personal conveyance even if it is for carrying load-related or work materials.

In the next 30 days, FMCSA shall post a notice in Federal Register concerning the proposed changes and will need feedback from the stakeholders.

Special Driving Statuses

A subsection on special driving statuses; 395.25 of the e-CFR (Electronic Code of Federal Regulations) stated the following:

  1. Motor Carrier Options: ELD can be configured to allow the driver to show that he is operating a commercial motor vehicle in any of the special categories like Yard moves or authorized personal use.

If a logging device is set as personal conveyance mode, its location function will change because it tracks the vehicle by a lower level of accuracy through GPS which is approximately a 10-mile radius rather than the one-mile radius needed for on-duty recording.

FMCSA confirmed it on the FAQ page of its site.

Once a driver choose the personal conveyance status as permitted and configured by the motor carrier, the commercial motor vehicles (CMV) location will be recorded with a lower precision level.- That is about 10-mile radius.

Subsection 395.28 on special driving statuses stated that a truck driver who is operating a commercial vehicle under any of the following (in paragraph (a)(1)) special driving categories must:

  1. Choose the ELD appropriate for the special driving category before starting the status and deselect at the end of the indicated status.
  2. When requested by the ELD, explain the driver’s ELD Record telling the driver’s activity.

It seems that the FMCSA expects tractor and trailer drivers to leave their trailer before using their trucks for personal use.

Based on the notice from the FMCSA regarding the proposed changes, truck drivers shall be permitted to use their truck when they are off-duty for “time spent traveling from a driver’s en route lodging” (for example; truck stop or a motel) “to entertainment and restaurants and also back to the lodging.”

The time spent on “traveling from the place where the on-duty activity began to the permanent residence of the driver and back to the last on-duty location was also included, and even driving from trailer drop-off point to a driver’s home and between work sites and residences.

The Federal Motor Carrier Safety Administration (FMCSA) pointed out that personal conveyance in the revised guidelines doesn’t cover truck movement to improve operational readiness, like moving closer to a pickup point or drop-off location.

The below acts are likewise prohibited from personal conveyance use:

  1. Driving bobtail or an empty trailer to a place to carry another load.
  2. Driving an empty truck to a designated parking space after being unloaded.
  3. Repositioning trailer or commercial motor vehicles (CMV) towards the motor carrier.

The Federal Motor Carrier Safety Administration (FMCSA) is requesting for feedback from the stakeholders in the industry to know more about other scenarios and circumstances where personal conveyance would be suitable.

Always check our website for more updates and news from the trucking industry. We shall inform our audience once the full notice is available.

14 Comments
Dale mandelt 01.22.2018 - 7:55 AM Reply

A move in the right direction, still need to work on city driving, accidents, road closures, ext…

George Linkenhoker 01.23.2018 - 9:16 AM Reply

I’m not leaving a trailer loaded no where except hooked to my truck . Does the fmsca realize there are thieves out there . Come on leave trucking to truckers . Where do you guys come up with this stuff . I drive cross country for over 20 years. Never leave a loaded trailer I don’t care

    Robert Bradley 02.11.2018 - 12:12 AM Reply

    Well said

Ripudaman 01.24.2018 - 7:57 PM Reply

Please pay attention on loading and unloading timings, 90 % problem is there. Shippers and receivers force drivers because they don’t understand about traffic conditions but they want their product on time or pay late fee. Shippers and receivers are big problem for produce and meat haulers, they take to much time and drivers have to suffer for timings. There no rules for shippers and receivers by government. Why??????

Russ Arey 01.25.2018 - 1:07 AM Reply

Sounds like number 2 on the prohibited list is incorrect. In the circumstances that you are unloaded without a dispatch aren’t you ” non laden” as this article read? Wouldnt that be “personal conveyance “? You’re empty…..jobs done. Cant stay at the recieving office.

    Chris 02.6.2018 - 12:52 AM Reply

    That’s what I was thinking also

    Robert Bradley 02.11.2018 - 12:14 AM Reply

    That’s what I was thinking as well.

David tickle 01.25.2018 - 10:32 PM Reply

I believe I’m with Russ on this one, the number 2 in this list should be discarded due to shippers won’t let you stay on property and companies nowadays won’t give you a plan or load til after you get unloaded! If your close to out of time you have to find truck stop! No load your unladen or considered non dispatched on load! Thanks

Chris 01.26.2018 - 11:02 PM Reply

Parking is becomming a issue. We need personal conveyance to be able to find safe parking when we run out of time and the planned parking location is full. Or we fall short traveling to our planned parking as well as when,we run out of time loading or unloading and can’t stay at facility…

Tony 02.5.2018 - 8:57 PM Reply

I haul fuel and my home is midway between my loading terminal and my customers unloading locations. Does this mean i won’t be able to go to my home which is my terminal after unloading without being in violation? We either need 16 hrs for local work or a totally different set of rules other than what’s provided for OTR operations.

Sarge 02.9.2018 - 4:40 AM Reply

Rules made by people paid off my tax dollars and dont give a darn if i make a living or get home to see my family. Tired of you educated fools who only experience with a truck is seeing them from a car while your driving, keep taking money from truckers and there wont be no truckers. We are the most ridiculously over regulated industry. You will give a cop a badge and a gun and let him work as many hours as he wants, yet he is no safer after a 14 hour work day than you claim truck drivers are. Tired of the double standards you ass hats put on us.

Robert Bradley 02.11.2018 - 12:11 AM Reply

I feel if the truck and trailer is empty after being unloaded at a shipper, the driver should be able to drive to a safe haven parking within reason as alot of these shippers and receivers don’t allow you to park on property after before or after being loaded or unloaded and force the drivers to go into valuation if they are in between there 10 hour break or running put of hours.

Lawrence Cooper 02.18.2018 - 10:57 PM Reply

If you own the truck and the trailer and you have delivered your load and are now empty you are no longer under dispatch and should not have to show any duty status besides off duty.
With dedicated services you are often loaded only one way and than you drive home not to another load until you are called to do load again.. if you are not under a load or under dispatch for another load it should not matter if you have a trailer on or not. Pacifically if you own it. The trailer in most cases is part of our equipment we need for our next load when we are dispatched.

Jeremy cevedia 02.26.2018 - 11:53 PM Reply

As long as trailer is unloaded. I dont see why you couldnt use personal conveyance. My last loads are my home loads. My trailer is empty when i go home. And i live so far from my distribution center. Trailer goes home with me. After i drop my last load i am no longer dispatched or under a load and when i go bavk to work. My whole first day is driveing cause i live 7 hours from my d.c. so ill get my load and might make it to my first drop might. And thats just to drop it the next morning at 6 am cause its so late.

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