Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. A driver may record time operating a CMV for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. The CMV may be used for personal conveyance even if it is laden (loaded), since the load is not being transported for the commercial benefit of the motor carrier at that time. Personal conveyance does not reduce a driver’s or motor carrier’s responsibility to operate a CMV safely. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, the guidance provided by the FMCSA.
You wake up and do your pre-trip inspection at 6:00 am. You do a mix of driving and on-duty work throughout the day. At 8:00 pm you're parked on the dock and finished driving for the day. The dock workers want you to come inside and count freight as they load your truck. According to the 14-hour rule, can you legally do this, and why?
No, you can not legally work after the 14-hour window unless you have less than 2 hours of drive time remaining to get to your destination. Since you are at the destination already, you must not work until you get 10 consecutive hours off duty
Yes, you can legally work after your 14-hour window has passed because you didn't drive the entire 14 hours. You mixed in some on duty time so that means you can drive or work after the 14-hour window.
Yes, you can legally work after your 14-hour window has passed, but you can not drive again until you get 10 consecutive hours off duty.
No, you can not legally work after the 14-hour window until you get 10 consecutive hours off duty
According to the 14-hour rule, you have a 14 hour window to complete your driving for the shift once you have started work for the day. You started working at 6:00 am so you must complete your driving by 8:00 pm. You can not drive again until you get 10 consecutive hours off duty but you can perform other non-driving duties.
Remember, the 14 hour rule means you must complete your driving within a 14 hour window. It does not mean you can not work past that window. It just means you can not drive.
The purpose of HOS regulations is to reduce accidents caused by driver fatigue. Many drivers don't like being told when they can and can not drive. Still, studies have proven there are more accidents amongst fatigued drivers. The risk of an accident is directly related to how many hours a driver has been behind the wheel. The DOT designed the HOS regulations to prevent drivers from pushing themselves too hard and to keep carriers from forcing drivers to drive beyond their limits.
The regulations allow you to restart your 60 or 70-hour clock calculations after having at least 34 consecutive hours off duty. In other words, after you have taken at least 34 consecutive hours off duty, you have the full 60 or 70 hours available again. You would then begin counting hours on the day of the restart and not go back the full 7 or 8 days.
Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. A driver may record time operating a CMV for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. The CMV may be used for personal conveyance even if it is laden (loaded), since the load is not being transported for the commercial benefit of the motor carrier at that time. Personal conveyance does not reduce a driver’s or motor carrier’s responsibility to operate a CMV safely. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, the guidance provided by the FMCSA.
Generally, DOT officers are the ones who enforce HOS rules, although any police officer may inspect a driver’s electronic logs.
In addition to the laws created by the FMCSA, most carriers have their own company policies regarding electronic logs. Not only do carriers want to ensure their drivers are safe on the roadways, but carriers often receive audits from DOT officials and face heavy fines if too many drivers have violations on their logs. Internal auditors frequently review a driver's logbook for discrepancies or violations.
In order for time to be considered off duty, you must be relieved of all responsibility for performing work and be free to pursue activities of your own choosing.
According to the 14-hour rule, you have a 14 hour window to complete your driving for the shift. If you begin working at 6:00 am you must complete your driving by 8:00 pm and you can not drive again until you get 10 consecutive hours off duty.
You may divide your 10-hour break into two separate breaks. One break has to be at least 2 hours long. You can use any combination off-duty and sleeper berth time.
The other break must be a minimum of 7 hours. The longer of the two breaks must be logged as sleeper berth.
When you combine the two breaks they must total 10 hours.
Neither break period counts against your 14-hour clock.
Truck drivers must use a logbook to record all of their time. The amount of time a driver can spend driving is regulated by the federal government. You must know the logbook rules.
What Are The Hours Of Service Regulations?
HOS regulations are rules issued by the Federal Motor Carrier Safety Administration (FMCSA), a division within the Department of Transportation. These regulations limit the number of daily and weekly hours you can spend driving and working. They also regulate the minimum time drivers must spend resting between driving shifts.
Drivers must keep a current log showing all of their working and resting hours. You must keep these logs on an electronic logging device that meets DOT regulations as laid out in the FMCSA guidebook. You can find this information in the ELD rule section 395.22. The ELD rule applies to most motor carriers and drivers currently required to maintain Records Of Duty Status (RODS) per part 395, 49 CFR 395.8 (a). The rule applies to commercial buses, trucks, and Canada and Mexico domiciled drivers.
Why Do Hos Regulations Exist?
The purpose of HOS regulations is to reduce accidents caused by driver fatigue. Many drivers don't like being told when they can and can not drive. Still, studies have proven there are more accidents amongst fatigued drivers. The risk of an accident is directly related to how many hours a driver has been behind the wheel. The DOT designed the HOS regulations to prevent drivers from pushing themselves too hard and to keep carriers from forcing drivers to drive beyond their limits.
The following chart illustrates how driver fatigue increases the likelihood of an accident in a CMV.
Who Enforces Logbook Regulations?
Generally, DOT officers are the ones who enforce HOS rules, although any police officer may inspect a driver’s electronic logs. Individual states maintain weigh stations where they pull drivers in for random vehicle and logbook inspections. Police officers and DOT officers may also pull drivers over for random vehicle checks and log inspections.
13.3 Determining On-duty And Off-duty Time
Four Types Of Duty Status
There are four types of duty status you can log in your logbook:
Off Duty
Sleeper Berth
On Duty (not driving)
Driving
The hours of service rules will determine when you can drive based upon the amount of time you have spent either on duty or driving versus sleeper berth or off duty. First, let's talk about on-duty time.
What Is Considered On-duty Time?
The 60 / 70-hour limit is based on how many hours you work over a 7 or 8-day period. Just what kind of work is considered on-duty time? It includes all time you are working or are required to be ready to work for any employer.
Here are some specific activities that are considered to be on-duty time:
All time spent at a plant, shipping / receiving facility, terminal, or other facility of a motor carrier, unless you are in your sleeper berth or have been relieved of all work-related responsibilities.
All driving time.
All time loading, unloading, supervising, or attending your truck; or handling paperwork for shipments.
All time spent doing any other work for a motor carrier, including giving or receiving training and driving a company car.
All time inspecting or servicing your truck, including fueling it and washing it.
All other time in a truck unless you are resting in a sleeper berth.
All time spent providing a breath, saliva, hair, or urine sample for drug / alcohol testing, including travel to and from the collection site.
All time spent doing paid work for anyone who is not a motor carrier, such as a part-time job at a local restaurant.
The bottom line is that on-duty time includes:
All time you are working for a motor carrier, whether paid or not
All time you are doing paid work for anyone employer.
All the time you are required to be ready to work for any employer (on-call)
What Is Considered Off-duty Time?
By understanding the definition of on-duty time, you will get a good idea of what they consider off-duty time. For time to be considered off duty, you must be relieved of all responsibility for performing work and be free to pursue activities of your own choosing.
If you are not doing any work (paid or unpaid) for a motor carrier, and you are not doing any paid work for anyone else, you may record the time as off-duty time.
Personal Use Of A Commercial Motor Vehicle
Occasionally, you may use a truck for personal reasons and not for commerce. You may move your personal belongings to a new house or, as a hobby, you may take your horses to a horse show. As long as the activity does not support a business, you are not operating in commerce. If you are not operating your truck in commerce, you are not subject to the hours of service regulations.
Hours Of Service Limitations
HOS regulations determine when and how long you are allowed to drive a commercial motor vehicle (CMV). This is accomplished by placing specific limits on the number of hours you can drive or be considered on duty. The rules also specify how much time you must remain off duty before you can legally resume any driving duties. And finally, the regulations dictate when breaks are required during your workday.
There are three limits and one break requirement which must be followed at all times. They are:
The 14-hour, on-duty limit
The 11-hour-driving limit
The 60/70-hour, on-duty limit
The 30-minute break
THE 34-HOUR RESTART
The regulations allow you to restart your 60 or 70-hour clock calculations after having at least 34 consecutive hours off duty. In other words, after you have taken at least 34 consecutive hours off duty, you have the full 60 or 70 hours available again.
A driver may take a 34-hour reset at any time, as often as they like. You don’t have to be at home to take a 34-hour break. You can take it on the road. One nice thing about taking a 34-hour break on the road is that it gives you a chance to see something in the area that might interest you. When taking a 34-hour break, you may log it all as off duty, or you can mix in some sleeper berth time if you want. The main thing is that you don’t interrupt your break with any on-duty or drive time.
The 34-hour reset is not a mandatory requirement. It is an option that gives a driver more flexibility in their schedule.
If you choose not to take a 34-hour reset and you're near the limit of your 70 hours, you may find the time you have available each day equals the hours that became available after the 8th day drops off the calculation. They commonly refer to this as “running on re-caps.”