2 ELD-Specific Duty Statuses FMCSA Issues “New & Improved” Guidance on Personal Conveyance Operating Status On May 31, 2018, the Federal Motor Carrier Safety Administration issued its long-awaited, revised guidance on personal conveyance (PC)—an operating status that allows a driver to record time operating a CMV for personal reasons as off-duty when the driver is relieved from work and all responsibility for performing work by the motor carrier. The first thing many will notice is the ability of drivers to use the 1. The movement of a CMV in order to enhance the operational PC status even if the CMV is laden. This new, and significantly readiness of a carrier. For example, bypassing available resting longer guidance replaces the Agency’s advice and direction of locations in order to get closer to the next loading or unloading the topic originally issued way back in the mid-1990s. It’s likely to point or other scheduled carrier destination; be more helpful than past guidance since it provides examples to 2. After delivering a towed unit, and the towing unit no longer drivers, carrier safety personnel and the enforcement community meets the definition of a CMV, the driver returns to the point that are designed to help determine if a “…movement of a CMV of origin under the direction of the carrier to pick up another is an appropriate off-duty use.” A link to FMCSA’s new guidance is towed unit; provided at the bottom of this article. Below are FMCSA’s examples 3. Continuation of a CMV trip in interstate commerce in order to of what it calls “appropriate uses” of a CMV while off-duty for PC: fulfill a business purpose, including bobtailing or operating with an empty trailer in order to retrieve another load or repositioning 1. Time spent traveling from a driver’s en route lodging (such as a a CMV (tractor or trailer) at the direction of the carrier; motel or truck stop) to restaurants and entertainment facilities; 4. Time spent transporting a CMV to a facility to have 2. Commuting between the driver’s terminal and his or her maintenance performed; residence, between trailer drop lots and the driver’s residence, 5. After being placed out of service for exceeding the maximum and between work sites and his or her residence; periods permitted under Part 395, time spent driving to a 3. Time spent traveling to a nearby, reasonable, safe location to location to obtain required rest, unless so directed by an obtain required rest after loading or unloading. The resting enforcement officer at the scene; and, location must be the first such location reasonably available; 6. Time spent traveling to a motor carrier’s terminal after loading 4. Moving a CMV at the request of a safety official during the or unloading from a shipper or a receiver. driver’s off-duty time; 5. Time spent transporting personal property while off-duty; and, While FMCSA’s new guidance is clearly intended to help drivers 6. Authorized use of a CMV to travel home after working at an better understand the PC operating status, and when it can be offsite location. legally used, the Agency also makes clear that carriers can establish “personal conveyance limitations either within the scope of, or Numbers 3 & 4 above are likely to be welcomed by many more restrictive than, this guidance, such as banning use of a CMV professional drivers since they address commonly encountered for personal conveyance purposes, imposing a distance limitation situations with shippers, receivers and law enforcement officials on personal conveyance, or prohibiting personal conveyance while the CMV is laden.” In other words, carriers still have discretion on in some States. Examples of uses of a CMV that, according to whether, and what, it will allow for PC use by employee drivers. FMCSA, “would not qualify” as PC, are: 8