On Monday July 23, 2018, retiring House Transportation and Infrastructure Committee Chairman, Rep. Bill Shuster, released a discussion draft of an infrastructure bill, otherwise known as a highway bill. While there is little chance of this bill passing this year or next, it is meant to set the boundaries of the debate as Congress looks to a 2020 expiration date of the FAST Act (the last infrastructure bill).
On May 31, 2018, FMCSA issued updated guidance on use of personal conveyance by commercial truck drivers. Previously, guidance had restricted the use of personal conveyance to “unladen” vehicles, which many interpreted as bobtail or power only moves. This final guidance makes clear that drivers can use personal conveyance for laden vehicles in certain circumstances.
One of the biggest impacts this guidance will have is to finally provide clear guidance on what to do when a driver runs out of hours on private shipper property due to unexpectedly long loading or unloading delays. Previously there was no clear answer to this as we outlined in this blog from December 2014.
Specific information about the guidance
C.H. Robinson submitted comments specifically asking FMCSA to address this question and they responded as follows:
The following are examples of appropriate uses of a CMV while off-duty for personal conveyance that include, but are not limited to:
Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available.
New guidance adds flexibility
All ELDs have the ability to currently log personal conveyance time. This new guidance by FMCSA will allow drivers significantly more flexibility in the use of safe and appropriate personal conveyance than they were previously able to use.
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Categories: Transportation Policy