This is a great discussion.
The FMCSA website has Powerpoint slides that state their focus is on the intent of the personal conveyance. Thus, from that perspective, I agree that in circumstances where the genuine intent is for personal purposes (shopping at Walmart) it's a valid use of PC. But what if my side trip to Walmart moves me two miles closer to my destination. I'm not substantially advancing the operational readiness of Prime. But what if those two miles makes it so that I can get there within my 11-hour drive clock. Without moving two miles closer, I would have had to deliver after my 10-hour break. In that situation, LEO could have discounted the genuineness of my PC move.
Personally, and Turtle and I have disagreed on this, if the objective, primary intent of the PC use is for personal reasons, a minor enhancement of the operational readiness of the motor carrier should not matter. See the link below to Joe Delorenzo's perspective that the rule allows judgment on the driver's part.
Joe Delorenzo FMCSA Driver's Judgment in PC
However, I can see Turtle's point of view: any movement that enhances the operational readiness of the motor carrier, no matter how genuine the personal intent of the movement, should be on the drive line.
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
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I don’t discount his point of view but as you’ve both mentioned, you’re going to defer to FMCSA guidance. Based on that, your 2 mile gain is a moot point because you used PC to make a grocery run. It works out to be a benefit but does not violate the policy. Opinions are just that if we’re going to stick with the guidance and the only interpretation which matters is left specifically up to the officer. Nobody can predict that, but an individuals attitude can definitely impact the outcome. It’s best to just stay cool.
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
A 2 mile move is certainly inconsequential, and hardly worth mentioning. But if someone were to ask me if it was legal, I'd have to answer no it isn't, technically. That's just an inescapable fact based on the literal translation of the law. Would I make that 2 mile move? Absolutely. But that wasn't the point.
The only disagreement I have is when someone deems something as ok or not when the law clearly says differently. I feel the need to add the disclaimer that technically it is or is not legal. The individual can then make their own decision based on accurate info from both sides.
Of course, those stinking gray areas spark the most confusion and controversy. I sometimes wonder if that's done intentionally to allow the officer discretion. The final answer will almost always come down to LEO's interpretation, and will sometimes even depend on what mood he or she is in. That brings up Robert's last statement, which is absolutely true:
Opinions are just that if we’re going to stick with the guidance and the only interpretation which matters is left specifically up to the officer. Nobody can predict that, but an individuals attitude can definitely impact the outcome. It’s best to just stay cool.
Great discussion. Again, thanks for following up on the Packrat scenario, Robert.
Operating While Intoxicated
Anytime brother, anytime. Oddly enough, I found the portion being used to “justify” the restart of the 10 hour break when using PC for out of hours parking. It’s very convoluted wording and wrong to be doing it for those officers who are but when you read it carefully, you can see how they could get away with it.
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Also, I did talk to Tim again about our earlier discussion regarding how Packrat uses it. It’s perfectly legal and what it’s designed for, even being a dedicated account which was my concern. He did however mention that if it’s being used every day and the combined trip to and from was adding up to several hours per week, it could raise a red flag and potentially get sent off for a review. Granted, it’s still legal but could pose a hassle for the company involved, especially if it involved multiple drivers.