KRCL Director Brian Fisher and Attorney Sydney Warren have contributed an article to In Transit, the newsletter for the DRI Trucking Law Committee. The article, titled “Laden with Flexibility: FMCSA Issues New Guidance on Personal Conveyance,” ran in Volume 21, Issue 2 of the publication and explained the latest guidance issued by the FMCSA in more than two decades.
In the age of the electronic logging device (ELD) mandate, motor carriers and drivers alike have faced a number of new and unique issues that have, in many instances, created more questions than answers on proper compliance with regulations promulgated by both the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). One of the
most problematic matters has centered on the options available to those drivers who are out of service, but need to find a safe place to park. Fortunately, for the first time since 1997, the FMCSA recognized and has finally addressed several questions related to the “personal conveyance” provision of the hours of service (HOS) rules and regulations.
On May 31, 2018, the FMCSA issued—for the first time in more than twenty years—new guidance on the issue of personal conveyance, which has been utilized by many motor carriers and drivers to provide the much-needed flexibility to operate a commercial motor vehicle (CMV) for personal use while off-duty. However, both motor carriers and drivers were unclear on some of the terminology used in the guidance in determining how to properly comply with the HOS regulations while also taking advantage of the flexibility afforded by the personal conveyance provision. This led to inconsistent application of the personal conveyance provision by drivers, motor carriers, and even law enforcement officials.