OTA Dispatch Issue 4 2018

SAFETY 36 Oregon Trucking Associations, Inc. Oregon Truck Dispatch Setting Personal Conveyance Policy By Adam Williamson, OTA’s Director of Training & Development Watch our calendar for upcoming LCV classes. T he year 2018 was a busy one for personal conveyance (PC) regulation in the trucking industry. FMCSA issued a two-fold rule and guidance update early in the summer that loosened some of the restrictions of prior regulation. Specifically, PC use is now permitted even when the vehicle is laden . This gives drivers significantly more flexibility and, of course, raised additional questions about proper application of the rule (Note: advancing the progress of delivery or pick up of a load is still not acceptable use of PC). FMCSA was kept busy issuing additional guidance throughout the year to address frequently asked questions. Particulars of the updated rule and guidance can be found at FMCSA’s website (www.fmcsa. dot.gov/regulations/hours-service/ personal-conveyance). Another aspect of the rule update is that more responsibility was given to carriers to set their own policy on the use of PC by drivers. Basically, carriers can choose to allow drivers to use PC as permitted under FMCSA issued rules and guidance or they can opt for a more restrictive self- imposed policy. For carriers setting their own policy, what should be considered? To begin with, they should know what their options are. Carriers are at liberty to ban use altogether, impose distance limitations, or prohibit use while the CMV is laden. Obviously, each trucking operation is unique in the way that it conducts business, so it is not surprising to find considerable variance in terms of individual policy. However, there are still some good general questions that should be asked when setting a policy. Is it necessary for our operations model? With so many ways of doing business, many carriers find that PC use does not significantly improve either the efficiency of their operations or the employee satisfaction of their drivers (absence of long-haul rest stops, commuting to and from work, etc.). In these instances, carriers usually opt to forbid PC use altogether and avoid having to deal with its potential complications. Are the drivers using it responsibly? With new ELD’s in nearly every truck after the mandate, the old problems associated with paper logs (form and manner, running multiple log books, etc.) have been greatly reduced. However, these problems have been replaced with new ones: inadvertently signing in under another driver’s name (usually after the previous driver failed to sign out), imprecise rest break logging, as well as inadvertent or inappropriate PC use (if a driver is trying to fudge their hours of service, unauthorized time will often be logged under PC). In all honesty, driver difficulty in mastering ELD operation and general confusion about proper use of PC continues to be an issue. This is compelling some carriers to exercise other options (like banning PC use altogether). Is it impacting the driver rest periods? When trying to set limitations on PC use, carriers can be left wondering where to start. The critical principle to keep in mind is that the PC rule does not reduce carrier and driver responsibility to safely operate a commercial motor vehicle. Specifically, provision 392.3 of the FMCSA regulations prohibiting operation of a CMV while fatigued still applies. Ideally, a company policy should include a distance and/or time limitation with language that provides for adequate rest periods between on and off duty periods. This type of safety provision works to protect the company, the driver, and the general driving public. Are we addressing the off-duty needs of our drivers? While concern for improving safety and reducing liability are primary when setting a policy, carriers should also not forget the general working conditions of their drivers. Under certain circumstances, it is not practical (if not out-right impossible) to unladen a vehicle during long-haul rest stops or to reach a safe resting place under typical hours of service restrictions. Consequently, the needs of the drivers must be balanced in relation to operation preferences or other general safety concerns. Usually, a fair and safe compromise can be found when all factors are considered. Bottom line: The updated rule does loosen some of its prior restrictions, but it also places more burden on carriers to set their own limitations. Carriers must do their due diligence to weigh all relevant considerations when putting together a policy that ensures their drivers PC use remains safe and compliant.  Contact Adam Williamson for additional guidance on personal conveyance and setting up a policy at your organization 503.513.0005, safety@ortrucking.org.