I received a question from “Wayne”, regarding personal conveyance. Here is the question:
“I did my post-trip safety inspection and went to off duty personal conveyance at our gathering terminal on the US side of the border. On my way home DOT pulled me over said I cant do that. He took my log book drew a line in drivin 4 1/2 hrs then a line down in that town. He gave me a over 11 and over 14, both OOS. I had driven 2.75 hrs and 160 miles and was 1 hr from home unladen and was not over my 11. Does he have the authority to falsify my logbook in order to incriminate me?”
ANSWER: Personal conveyance is found in Question 26 of the interpretations to 49 CFR 395.8, which states:
Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?
Guidance: “When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driverâ€™s home to his/her terminal (normal work reporting location), or from a driverâ€™s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driverâ€™s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driverâ€™s home, from the driverâ€™s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrierâ€™s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest.”
So, let’s assume Wayne was bobtailing back to Canada. According to Question 26, the police officer is wrong. Wayne is off-duty, despite the fact he is driving down the road in a tractor. There is no commerce, as Wayne is going home. It seems as if it is a little different, when he leaves home, according to Question 26. The interpretation specifically says Wayne would be on-duty from when he leaves home, if the employing motor carrier calls Wayne at home, and directs him to drive to the terminal to pickup his load. So, I would say, Wayne going home, he is definitely off-duty. Wayne coming back to work, it all depends on when and how he’s dispatched whether his 4 hour trip back to the terminal is on-duty or off-duty.