FMCSA adds “flexibility” to personal conveyance provision

Today the FMCSA issued clarification on regulations involving the personal conveyance provision for CMV drivers. U.S. Secretary of Transportation Elaine L. Chao says that the clarifications were made “to provide greater clarity and flexibility regarding the intent and effect of these regulations.” One of the biggest takeaways from the FMCSA’s newly issued guidance is clarification on personal conveyance from a shipper to a safe parking area to rest. “The movement from a shipper or receiver to the nearest safe resting area may be identified as personal conveyance, regardless of whether the driver exhausted his or her HOS, as long as the CMV is being moved solely to enable the driver to obtain the required rest at a safe location. The Agency recognizes that the driver may not be aware of the direction of the next dispatch and that in some instances the nearest safe resting location may be in the direction of that dispatch.

If the driver proceeds to the nearest reasonable and safe location and takes the required rest, this would qualify as personal conveyance. FMCSA recommends that the driver annotate on the log if he/she cannot park at the nearest location and must proceed to another location.” The FMCSA also offered clarification for drivers who are asked to move by law enforcement officers while they are taking their 10 hour break. “If a Federal, State or local law enforcement official requires a driver to relocate the CMV during the 10-hour break period for truck drivers or the 8-hour break period for bus drivers, personal conveyance may be used to document the movement. Again, as this is off-duty time, this does not require a restart of the rest period. However, the CMV must be moved no farther than the nearest reasonable and safe area to complete the rest period.”

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