Carriers aren’t required to allow drivers to use personal conveyance, but those that do should keep in mind these key points: With 2018’s updates, question 26 of the interpretations for 49 CFR Section 395.8 was updated as follows: Question: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded? Any movement that involves the maintenance or conditioning of the vehicle must be recorded as drive time, even if it’s the weekend and the driver used the “personal conveyance” exception to take the truck home. The insurance world can be filled with sticky situations. (iii) time spent in a stationary commercial motor vehicle to satisfy the requirements of sections 37.13.02 and 37.13.03, and (iv) time spent in a stationary commercial motor vehicle that is in addition to the off-duty requirements of (i) I am the lawful owner of the vehicle described above. Secure .gov websites use HTTPS 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— (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or For example, if a bakery gets into an accident while transporting a wedding cake, a commercial vehicle policy may cover the cost of the cake, but a personal auto plan likely would not. To answer that we need to look at Question 26 the DOT’s Hours of Service guidance . Stay current on the critical safety and compliance news that impacts your business. A commercial vehicle is any type of motor vehicle used for transporting goods or paying passengers.The European Union defines a "commercial motor vehicle" as any motorized road vehicle, that by its type of construction and equipment is designed for, and capable of transporting, whether for payment or not: (1) more than nine persons, including the driver; (2) goods and "standard fuel tanks". See Private use of company cars for further information. This section is only applicable where ownership of the van does not transfer to the employee. Although, a four-hour nap during a 10-hour break after using PC for three hours to get home may not be deemed to be “restorative.” Also, the driver may not operate the vehicle under PC while ill or fatigued. Commonly insured commercial trucks and vehicles include the following: 1. Moving a CMV at the request of a safety official during the driver’s off-duty time. The FMCSA didn’t set a threshold of distance or time, but officials can and will use the ELD data, mapping software, supporting documents, and the driver’s comments to determine whether the personal conveyance category was appropriately used by the driver. An official website of the United States government Here's how you know. 1200 New Jersey Avenue SE This could possibly include a gross vehicle weight (GVW) limitation or a clause that restricts coverage to owned pickups or vans only. Find out what's new at J. J. Keller, and discover how our latest solutions can make your job easier. Personal conveyance does not reduce a driver’s or motor carrier’s responsibility to operate a CMV safely. Act means the Motor Vehicle Transport Act. California Vehicle Code (CVC) 465. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available. Title 49 Part 395 49 CFR Part 395 Hours of Service of Drivers of Commercial Motor Vehicles: Regulatory Guidance Concerning the Use of a Commercial Motor Vehicle for Personal Conveyance; Federal Register Vol. The Highway Traffic Act considers all pickup trucks to be commercial motor vehicles, but a pickup truck only needs a Commercial Vehicle Operator's Registration ( CVOR ) certificate if it has an actual or registered gross weight of more than 4,500 kg . Time spent operating a motorcoach when luggage is stowed, the passengers have disembarked and the driver has been directed to deliver the luggage. You are instructed to return the motor vehicle to me in the same condition you received it including all contents, or pay me for the full present market value of the vehicle, within ten (10) days of your receipt of this notice. However, motor carriers should check with their insurers to discuss liability coverage issues, and have policies and training in place so drivers know exactly when they can use company CMVs for personal conveyance. (a) Examples of appropriate uses of a CMV while off-duty for personal conveyance include, but are not limited to: (b) Examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following: The two key questions that enforcement will use to assess the appropriate use of personal conveyance are: The 10-hour break or 34-hour restart?Time spent appropriately driving under personal conveyance while off duty will count as part of a driver’s 10- or 34-consecutive-hour break, with the requirement that the driver obtain “restorative” rest during the break. Commercial Vehicle Drivers’ Hours of Service Regulations made under Section 303 of the Motor Vehicle Act R.S.N.S. J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations and ensure environmental health and safety. Any commercial motor vehicle with a Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or heavier Any commercial vehicle that is designed to transport 16 or more passengers, including the driver Any vehicle transporting hazardous material and is required to be placarded in accordance with 49 CFR Part 172, Subpart F In the United States, a vehicle is designated as “commercial A driver may record time operating a CMV for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. When prompted by the ELD, each instance of personal use must be annotated to note the circumstances. Other off-duty drivers may be on board the vehicle, and are not considered passengers. Fringe benefits tax – exempt motor vehicles An employee's private use of a taxi or a panel van, utility (ute) or other commercial vehicle (that is, one not designed principally to carry passengers – see Table 1) is exempt from fringe Is the movement solely for personal use with no benefit to the carrier? Time spent operating a motorcoach when luggage is stowed, the passengers have disembarked and the driver has been directed to deliver the luggage.”. Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available. Authorization and liability? Time spent driving a passenger-carrying CMV while passenger(s) are on board. The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time. United States. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, the guidance provided here. However, a driver leaving a customer and driving off-duty past two or three truckstops before parking would likely be questioned. If the only personal use of an employer-provided vehicle is commuting to and from work, then the employer can use the commuting rule. Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver. A trip to the local repair facility cannot be completed under personal conveyance. ? Enforcement does not meet all the criteria above the vehicle may be on board COVID-19! 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