Misconceptions about Personal Conveyance and the FMCSR..

I suspect that I dive pretty deep into the FMCSR and am good at connecting the dots. I get annoyed when people say; "Well an inspector told me!" I find it troublesome that some Commercial Vehicle Safety Alliance inspectors are reportedly providing misinformation that convolutes the FMCSR. Many drivers and I suspect some Commercial Vehicle Safety Alliance inspectors don't understand how wide a net "COMMERCE" is. I am using "articles" vs "post" as I appreciate the editing tools and lack of restraints in "articles."

One of the prime examples of misconceptions is the misunderstanding of the Personal Conveyance (PC) interpretation:

2. Commuting between the driver’s terminal and his or her residence, between trailer-drop lots and the driver’s residence, and between work sites and his or her residence. In these scenarios, the commuting distance combined with the release from work and start to work times must allow the driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued.?

My issue is too many believe the commute from the driver's residence to the terminal/drop lot is part of the PC.

§ 390.5T Definitions.

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—

Interstate commerce means trade, traffic, or transportation in the United States

§ 395.1 Scope of rules in this part.

(j) Travel time —

(1) When a property-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period.

§ 395.2 Definitions.

Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

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I don't understand how people can say a driver can PC from the "Home" to the "Drop Lot/Terminal." Once a driver walks out to the truck to start for the drop lot/terminal they're on-duty as they have to be satisfied the vehicle is safe to operate and are no longer free of obligations to the carrier:

§ 392.7 Equipment, inspection and use.

(a) No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

Service brakes, including trailer brake connections.

Parking (hand) brake.

Steering mechanism.

Lighting devices and reflectors.

Tires.

Horn.

Windshield wiper or wipers.

Rear-vision mirror or mirrors.

Coupling devices.

Wheels and rims.

Emergency equipment.

§ 396.13 Driver inspection.

Before driving a motor vehicle, the driver shall:

(a) Be satisfied that the motor vehicle is in safe operating condition;

(b) Review the last driver vehicle inspection report if required by § 396.11(a)(2)(i); and

(c) Sign the report to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination.

§ 390.5T Definitions.

Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

IOW, hotshot drivers whose tow vehicle is 10,000 pounds GVWR or less are subject.

FYI ya all... I'm anal in nature and live by the mantra; "Nothing Matters Until It Matters!"

I hope the Federal Motor Carrier Safety Administration and Commercial Vehicle Safety Alliance does a better job in educating its inspectors. The purpose of the FMCSR/CSA/MCSAP/CVSA is uniformity. When people neglect to understand the FMCSR they place the drivers in Harm's way and shame on any MCSAP officer that provides guidance beyond the scope of the Federal Motor Carrier Safety Administration 's guidance:

1. May a driver, who drops his or her last load at a receiver’s facility use personal conveyance to return to their normal work location (i.e. home or terminal?)?

No. Returning home or to the terminal from a dispatched trip is a continuation of the trip, and therefore cannot be considered personal conveyance.

Personal Conveyance: Frequently Asked Questions | FMCSA (dot.gov)

The trip from a receiver to the driver's home CANNOT be logged as PC.

For those that want to ask.. If the FMCSA regulates "commerce" as defined, does that mean they regulate everyone?

§ 390.3 General applicability.

(a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.

(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to—

(3) The occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise;

While a tractor and trailer are a carrier's/owner-operator's property? Deadheading towards "home" is not included in the exception.

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Sorry for the rant, I plan to tag a few of the Commercial Vehicle Safety Alliance members so they're aware of some possible discrepancies in information provided by MCSAP officers. When I was a "Safety Inspector" for Colorado 1998/1999 we met every April when the new OOS Criteria was issued to discuss the changes and review inspection procedures.

Collin B. Mooney, MPA, CAE, AT Thru-Hiker Paul P.