Behind the Wheel Weighing the Benefits and Drawbacks of Personal Conveyance

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Personal Conveyance (PC) refers to using a commercial motor vehicle (CMV) for personal reasons while a driver is off duty. The Commercial Vehicle Safety Alliance (CVSA) has advocated for the Federal Motor Carrier Safety Administration (FMCSA) to impose specific time or distance restrictions on PCs to prevent their misuse for unethically extending Hours of Service (HOS).

?CVSA's Position

The CVSA has petitioned the FMCSA to begin rulemaking for a more precise definition of PC. The alliance suggests that imposing time or distance restrictions could help reduce the instances of drivers using PC to circumvent HOS regulations, which are designed to reduce cumulative fatigue and enhance road safety. The CVSA's stance is that PC, if not regulated, can be exploited to extend driving hours, potentially leading to increased driver fatigue and safety risks.

FMCSA's Repeated Denials

The FMCSA has consistently maintained its position, denying the CVSA's requests for stricter PC guidelines. The agency cites insufficient safety data to support the initiation of a rulemaking process and believes that the current guidance, which allows motor carriers to establish their PC limitations, is adequate for ensuring the safe operation of CMVs.

Appropriate uses of a CMV while off-duty for personal conveyance include:

Traveling from en-route lodging involves moving from a motel or truck stop to restaurants and entertainment facilities.

Commuting between the driver's terminal and residence, which includes travel between trailer-drop lots and the driver's residence or between work sites and the driver's residence, requires that the commuting distance, when combined with the release from work and start-to-work times, must provide the driver with sufficient time to achieve the necessary restorative rest to prevent fatigue.

• Traveling to a nearby, safe location to rest after loading or unloading is critical. The time spent driving under personal conveyance must be adequate to obtain the required rest in compliance with minimum off-duty periods before resuming on-duty driving.

Pros and Cons of Strengthening PC Guidance

Pros:

• Limiting PC by time or distance could reduce the risk of driver fatigue by preventing extended driving hours.
• Specific restrictions would provide a clear standard for drivers and law enforcement, reducing ambiguity and potential misuse.
• Time or distance caps would allow for more straightforward documentation and verification of PC use.

Cons:

• Strict limits could reduce drivers' ability to reach safe locations for rest or to attend to personal emergencies.
• Imposing uniform restrictions may not account for the diverse operational realities of carriers and drivers.
• Monitoring and enforcing precise time or distance limits could prove challenging and resource-intensive.

The debate over PC guidance reflects a tension between the need for clear, enforceable standards and the practical realities of trucking operations. While the CVSA argues for stricter limits to enhance safety and compliance, the FMCSA has not found sufficient justification to alter the existing framework. The ongoing dialogue between industry stakeholders and regulators is crucial for developing policies that balance safety with operational flexibility.

In 2022, FMCSA initiated the Crash Casual Factors Program (CCFP). Based on the published timeline, the program is still in the Establishment stage and possibly the early Phase 1 Preparation stage for the Heavy-Duty Truck Study. Assuming the FMCSA takes a proactive approach, which is often the case regarding safety, if CVSA's concerns are correct and Phase 1 of the study does highlight the need for strengthening and further defining Personal Conveyance regulations to reduce driver fatigue and improve driver safety, I would expect CVSA's petition to advance with approval before the release of Phase 1 results, which are expected sometime in 2029.

The CVSA and FMCSA's positions regarding PC highlight the complexities of regulating off-duty CMV use. They underscore the importance of continued research and discussion to ensure that any changes to PC guidance serve the best interests of road safety and the trucking industry.

The burden placed on Supply Chains and Motor Carriers to adapt to regulations is cumbersome. The FMCSA is responsible for ensuring that new regulations imposed increase safety for not only the carriers and drivers but everyone on the road. Phase 1 of the Crash Casual Factors Study does not begin until 2026; making changes to the PC guidelines at this point, without the research to support this change, would only create disruption and opposition, especially if the report ultimately indicates that the current PC regulations do not impose additional safety concerns when the report is released.

For now, we wait.