Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

I agree with you, although I remember seeing something in the book about not having a trailer with you, but at the moment I can not find it!
I do agree with the person who posted above me, it is a fine line, to me I would not trust this "personal use" unless you are only bob tailing to wal-mart to get your supplies while on your time off (wherever you may be) or to do laundry ect.... I do not like the USA regs because they do not specify the amount of miles/time you are allowed to use the vehicle for personal use as the Canadian regs do. I am going to send a request for DOT to answer this question a little more specific. But I would not push it more than running to wal-mart, laundry etc, don't driver from West Memphis, AR to Florida. If you are in an accident this could cause you major issue's or even stopped by DOT could cost you some big bucks Have a great nite, if I find the other part about not having a trailer I will let you know, It will be tomorrow probably

 

Is there an echo in here? :roll:

 

Echo, echo, Beep, beep

 

To Uturn2001 and the REV

DOT reference to question 26.

I have read this guidance. However, it really does not address the question completely. The thing it says as a postive is "A driver may not operate a laden CMV as a personal conveyance.[/color=green] and "[/color]A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest.". Such things as How many miles? Can they pull a empty trailer? These are the gray areas I have yet been able to find an answer for.

kc0iv

 

OK, I got some real good replies; however, I don't believe I got a right answer as of yet.
Malaki86 said that because I had been dispathched I wasconsidered under load. This could be true, but I could not find it in the Regs. Malaki86, could you give us the Reg on this?
The Rev and Dawn gave pretty much the same answer. If malaki86's is wrong, they could be right, but they could be wrong too. In my post I stated I was "unloaded" I never said I was "empty" I could still have cargo onboard which would change the answer, right? In that case I believe that I would not be able to drive home under "off duty" So, lets assume I'm emptY. If Malaki86 is correct, then I would need a 10 hour break before I could drive home, Correct?
Lets now say he's wrong. According to what the Rev and Dawn stated I believe that I could drive home under the personal use rule, but it's still a grey area in alot of your minds.
So, considering that, I think Dawn made a good suggestion
in that she stated she would call DOT and ask for a more specific answer to my question.
I think if I asked this question to 5 different LEO's I would get 5 differant interpertations; would you all agree?

 

What kind of question is this? Of course you can't make it home with those numbers. What you learn in your log book class and what you do behind the wheel is a different story. And then you start with the I'm unloaded but not empty. WTF? :shock:

 

I'd be happy to:

Yes - if you are carrying any freight involved in interstate commerce, then you cannot log any time operating the CMV as Off Duty.

It depends. If you unload at a shipper, and then immediately drive home, you must log the time as ON DUTY (driving). If you report to your terminal, and they then release you from any work, you can drive the CMV as OFF DUTY. If they dispatch you from home, then you are considered ON DUTY (DRIVING) from the time you leave your house.

Proabably.

 

Good point. I gave you a situation; however I left out some info. How can anyone give me an answer without asking questions?

 

was this a test? i didnt know we where graded on here. the truth is if you wanted to get home you would speed average and compress your day so that you had the hours to make it. match your items that need matched but dont log 3 hours in traffic as 3 hours in traffic etc etc etc. :roll:

 

but dont log 3 hours in traffic

now now-this is a respectable trucking forum :P