In a recent Q&A webinar with the FMCSA Director Joe DeLorenzo, we addressed confusing compliance questions from the trucking community.
The webinar was hosted by Travis Baskin, Motive’s Head of Regulatory Affairs.
Here are a few important points that Travis and Joe DeLorenzo discussed in the webinar.
Regarding the 150 air-mile HOS agriculture exemption, can it be used at the source and destination? Or just the source?
The regulation only allows the 150 air-mile exemption from the source of the agricultural commodity. There is additional agricultural exemption material on this FMCSA post.
Are there any limitations to personal conveyance?
No, there are no limitations. Just make sure that it’s an authorized type of personal conveyance and allow yourself to get enough rest before going back on duty. Authorized personal conveyance includes using your CMV to get to the nearest safe resting spot after driving hours are exhausted or if off-duty hours are interrupted by law enforcement demanding they reposition the vehicle. There are no specifics on time or distance.
What is personal conveyance?
Midway through the webinar, Travis asked DeLorenzo about the FMCSA’s take on personal conveyance. This refers to the personal use of commercial motor vehicles while off-duty.
Travis: “Let’s talk about PC, Joe, I know that there’s been a lot of confusion. I would take this moment to applaud the agency for giving new guidance back in June. I think it’s been very helpful. But as with most things, the more answers you give, the more questions you bring up.”
DeLorenzo answered, “Personal conveyance is a type of off-duty status. So, if you are off-duty, you are relieved from work by the motor carrier and the reason why you’re moving the vehicle is for personal use.”
Do you need a CDL to drive a CMV for personal conveyance purposes?
Yes, you can have them use the authorized personal use function (with their own login) or use the vehicle without the ELD operating and address the unassigned miles upon logging back in for duty.
DeLorenzo answered: “The answer to this question also relays to the person that is the actual driver of that vehicle and what they do.”
Their personal vehicle when it is not towing a trailer and may or may not meet the definition of a CMV.”
DeLorenzo described two ways a non-regulated driver can use a registered CMV for personal use:
- Use the ELD with personal conveyance features and enable the “off-duty” function
- Don’t use the ELD and manually track and manage the accumulated miles during the period of personal use
What is a yard and when can I use yard moves?
This topic is purposefully vague due to the wide variety of yard layouts. Generally speaking, a yard is not a public road, but a private property where carrier operations are taking place.
Why are there so many inconsistencies of standards on inspections?
With around 12,000 law enforcement officers out there, there’s bound to be some discrepancy. The FMCSA spends a lot of time making sure they’re aware of what the rules are. There are mistakes, but it’s important that everybody realizes the FMCSA is dedicated to addressing those. If a mistake occurs, you can file a challenge to that inspection and get it corrected.
What is the impact of the ELD rule on compliance?
After brief discussions regarding the ELD rule transition, Travis asked about the implementation of the ELD mandate and its effects.
Travis: “How is the implementation of these devices since December 18th really affected the compliance out in the field?”
“There certainly has been some changes over time, and where we are right now is a very high compliance rate with the ELD rule,” said DeLorenzo. “Based on the inspections that we see, the vehicles that are inspected out there, less than one percent of those vehicles are being cited for not having an ELD.”
DeLorenzo also mentioned the impact of the ELD rollout to hours-of-service compliance. Data from the FMCSA shows that HOS violations went down after the implementation of the ELD mandate. This correlation was more pronounced between December 2017 and April 2018 when enforcement was in full swing.
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