OTA Dispatch Issue 3

30 Oregon Trucking Associations, Inc. Oregon Truck Dispatch Remember, “Personal Conveyance” status doesn’t exempt carriers or drivers from other “Hours of Service” regulations. Drivers will still be required to take their 10-hour rest period and must adhere to all equipment standards. Here are the keys to the new interpretation: 1. The driver must be off-duty. The driver must be relieved from work and all responsibility for performing work by the motor carrier. 2. It doesn’t matter if the vehicle is laden or unladen. 3.The motor carrier can establish “Personal Conveyance” limitations for their drivers and can go to the extent of banning “Personal Conveyance” altogether or imposing a distance limitation. I strongly suggest that you read question #26 Interpretations/Guidance in Part 395.8 Driver’s Record of Duty Status in the latest edition of the FMCSRs becuase it gives numerous examples of how to use the “Personal Conveyance” option for drivers. Lastly, I will address the role of the “Motor Carrier” when it comes to personal conveyance. With a long history in the trucking industry, on both sides of the enforcement fence, I’ve gained some expert insight in the civil arena, dealing with a lot of policy and procedure issues. A motor carrier who is involved in civil ligation due to an accident might have done everything correctly in the eyes of the law enforcement, BUT, did the motor carrier meet the “Standard of Care” and “Best Practices” set by the industry? One way to meet the “Standard of Care” and Industry’s “Best Practices” is to have strong policies and procedures in place with progressive discipline for drivers. If you—the motor carrier—are going to allow your drivers to use the “Personal Conveyance” provision, then you must Personal Conveyance, cont.