Personal conveyance rules: when driving your truck is off duty

Personal conveyance rules confuse a lot of drivers, because the idea sounds simple: you drive the truck, but the time counts as off duty. Used right, it lets you go eat or get to a safe place to sleep without burning your hours. Used wrong, it looks like a false log. Here is what FMCSA says about it, in plain words.

What personal conveyance is

Personal conveyance means moving a commercial truck for your own personal reasons while you are off duty. FMCSA (the Federal Motor Carrier Safety Administration) explains it in its official guidance to the hours-of-service log rule, 49 CFR 395.8.

The guidance gives one main test. You may record the time as off duty only when you are relieved from work and from all responsibility for doing work for the motor carrier. In other words, the move is for you, not for the load and not for the company.

On an ELD (electronic logging device, the box that records your hours), personal conveyance is usually a special driving category you select. Add a short note that says why you moved.

Personal conveyance rules: what counts

FMCSA lists examples of moves that can be personal conveyance. These are the ones that matter most to truck drivers:

• Going from where you are staying to eat or relax. For example, from a truck stop or motel to a restaurant or a store.
• Commuting. Driving between your home and the terminal, or between your home and a lot where you drop your trailer.
• Finding a safe place to rest after loading or unloading. If a shipper or receiver makes you leave, you may go to a nearby, reasonable, safe location to get your required rest.
• Moving because an officer tells you to during your off-duty time.
• Carrying your own personal property while you are off duty.
• Driving home after working at an offsite location, when that use of the truck is authorized.

What does not count

FMCSA also lists moves that are not personal conveyance. These catch many drivers:

• Getting closer to your next stop. The guidance calls this enhancing the "operational readiness" of the carrier. If you pass available places to rest so you are nearer to your next pickup or delivery, that is work.
• Bobtailing or pulling an empty trailer to go get a load. Continuing a trip for a business purpose is on-duty driving.
• Repositioning the truck because the carrier told you to.
• Driving to a shop for maintenance.
• Going to the carrier's terminal after loading or unloading.
• Driving after you were placed out of service, unless an enforcement officer directs you to move.

A good question to ask yourself: "Who does this move help?" If the answer is the load, the schedule or the company, log it as driving.

Can the trailer be loaded?

Yes. The guidance says the truck may be laden, which means loaded. The load is not being moved for the business at that moment. What matters is the reason for the move, not what is in the trailer.

Is there a mileage or time limit?

The FMCSA guidance does not set a number of miles or minutes. That does not mean anything goes. An officer looks at the whole picture: where you were, where you went and why. A short trip to dinner is easy to explain. A long move down the highway toward your next delivery is not.

After you load or unload, the words to remember are nearby, reasonable and safe. Go to the first safe place that makes sense.

Your carrier can be stricter

Motor carriers are allowed to set their own limits on personal conveyance. A carrier can ban it, put a distance limit on it, or prohibit it when the trailer is loaded. If you are leased to a carrier, read its policy and follow it. If you run under your own authority, write your own short policy and keep it with your records. It shows an auditor that you know the rule.

Safety still applies

Off duty on the log does not turn off the safety rules. FMCSA says personal conveyance does not reduce your responsibility, or the carrier's, to operate safely. If you are ill or too tired to drive, do not drive, even for a short move.

Mistakes to avoid

• Using personal conveyance to stretch your day when you are out of hours and still working the load.
• Passing open parking to get closer to the receiver.
• No note on the log. Write the reason every time.
• Assuming your carrier allows it. Ask first.
• Using it to reach the shop. Maintenance trips are work.

For the basics of the daily limits, read our article on ELD and hours-of-service rules.

When to call us

TCZ Permits helps owner-operators and small fleets keep their compliance files in order, including written policies an auditor may ask to see. Call 956-526-6727. We cannot tell you how an officer will judge a specific move, but we can help you set clear rules for your own operation. Our new entrant safety audit guide shows what gets checked in your first audit.

Common questions

Can I use personal conveyance with a loaded trailer? The FMCSA guidance says the truck may be laden. Your carrier may have a stricter rule, so check its policy.

How far can I drive on personal conveyance? The guidance sets no mileage or time limit. The move has to be personal, and after loading or unloading it has to be to a nearby, reasonable, safe place to rest.

Can I use it to get closer to my next pickup? No. Moving to be closer to your next loading or unloading point is one of the examples FMCSA says does not qualify.