FMCSA extends comment period on personal conveyance guidelines

The Federal Motor Carrier Safety Administration has extended the public comment period regarding a notice of proposed regulatory guidance concerning the use of a commercial motor vehicle for personal conveyance until Feb. 20.

Originally, the deadline for comments was Jan. 18, but the FMCSA granted the American Trucking Associations’ request for a 30-day extension. The proposed change would allow truck drivers to use their vehicles for personal conveyance, regardless of whether or not the vehicle was under load.

The proposed guidance focuses on the reason the driver is operating a commercial motor vehicle while off duty, without regard to whether the CMV is or is not laden.

FMCSA notes in its request for comments that the current interpretation “had the inadvertent effect of not allowing drivers of single-unit work trucks that carry loads, as well as tools of trade and related materials, on the power unit to document this off-duty time on the record of duty status.”

Examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following:

• The movement of a CMV to enhance the operational readiness of a motor carrier. For example, moving the CMV closer to its next loading or unloading point or other motor carrier-scheduled destination, regardless of other factors.
• After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the motor carrier in order to pick up another towed unit.
• Continuation of a CMV trip in interstate commerce, even after the vehicle is unloaded. In this scenario, on-duty time does not end until the driver reaches a location designated or authorized by the carrier for parking or storage of the CMV, such as a permanent residence, authorized lodging, or home terminal.
• Bobtailing or operating with an empty trailer to retrieve another load.
• Repositioning a CMV and or trailer at the direction of the motor carrier.

Comments can be submitted electronically here.