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Fmcsa personal conveyance5/21/2023 ![]() ![]() What Is Personal Conveyance According to FMCSA HOS Rules?Īccording to the article detailing personal conveyance, it is “…the movement of a commercial motor vehicle (CMV) for personal use while off-duty. However, in this article, we will take a more in-depth look into personal conveyance and some FMCSA HOS rules that explain why it is OK but in some situations, not recommended. The waiver and guidance will be published in the Federal Register.įor more information on ELDs please visit: easy answer to the question, “Can I use personal conveyance during my mandatory 30-minute break?” Is yes, you can. While public safety is a critical concern for all of trucking, the safety of living agricultural commodities in transport must also be considered.” “I applaud Secretary Chao for recognizing these obstacles and giving extra time for compliance while DOT issues guidance. This is a classic example of a one-size-fits-all federal regulation that ignores common sense to the detriment of sectors like agriculture. “Current ELD technologies do not recognize the hours-of-service exemptions for agriculture that are in federal law. The 90-day extension is critical to give DOT additional time to issue guidance on hours-of-service and other ELD exemptions that are troubling for agriculture haulers. “If the agriculture industry had been forced to comply by the March 18 deadline, live agricultural commodities, including plants and animals, would have been at risk of perishing before they reached their destination. ![]() “The ELD mandate imposes restrictions upon the agriculture industry that lack flexibility necessary for the unique realities of hauling agriculture commodities,” Perdue said. US Agriculture Secretary Sonny Perdue applauded Transportation Secretary Elaine Chao’s decision to issue the extension. The driver will remain out-of-service for 10 hours in accordance with the Commercial Vehicle Safety Alliance (CVSA) criteria. At that point, to facilitate compliance, the driver will be allowed to travel to the next scheduled stop and should not be dispatched again without an ELD. If the driver is dispatched again without an ELD, the motor carrier will be subject to further enforcement action.” According to the FMCSA, “Carriers subject to Federal Motor Carrier Safety Regulations (FMCSRs) that do not have an ELD when required will be placed out-of-service. “It’s not a truck full of pigs or a truck full of cattle.”īeginning April 1, full enforcement of the ELD rule begins. “If worse comes to worst and your truck full of corn has to sit on the side of the road for 10 hours, it’s annoying but it’s not the end of the world,” Formica said. However, Formica pointed out, the driver pulling a trailer full of feed that would be required to pull over after hitting the HOS threshold doesn’t have the burden of considering the well-being of scores of animals that livestock haulers have. “There is a lot of pressure that if they give us one they’re going to have to grant many more,” Formica said. “They’ve applied a one-size-fits-all solution,” Michael Formica, assistant vice president and legal counsel, domestic policy for the NPPC, told MEAT+POULTRY. This may be inconvenient for a typical truck driver but will cause more issues for livestock haulers whose top priority is the welfare of their load. Once those limits are reached, drivers must immediately pull over and wait 10 hours before resuming their trip. During the initial 90-day waiver period, lobbying went on in favor of and against the mandate as both sides weighed in on electronically enforcing HOS rules that limit driving time to 11 hours per day and limit drivers from being on duty for more than 14 hours during a 24-hour period. That reprieve was set to expire March 18. In mid-December, more than 3 million commercial truckers were subject to the ELD mandate, however, the National Pork Producers Council (NPPC) successfully lobbied the DOT to grant drivers of livestock trucks a 90-day reprieve due to the nature of the freight they haul. FMCSA will continue its outreach to assist the agricultural industry and community regarding the ELD rule. Additionally, during the 90-day waiver period, FMCSA will publish final guidance on both the agricultural 150 air-mile hours-of-service exemption and personal conveyance. ![]()
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