FMCSA to allow drivers hours flexibility in finding parking after leaving shipper/receiver

Author: Todd Dills

Effective immediately, the Federal Motor Carrier Safety Administration will allow drivers to enter into personal conveyance status, whether the truck is loaded or not, to find the nearest safe parking or rest location after their hours of service are exhausted by a shipper/receiver or off-duty periods are interrupted by law enforcement.

“The movement from a shipper or receiver to the nearest safe resting area may be identified as personal conveyance,” according to a notice from FMCSA, “regardless of whether the driver exhausted his or her hours of service, as long as the CMV is being moved solely to enable the driver to obtain the required rest at a safe location.”

The change was prompted by more rigid hours of service compliance brought on by the agency’s electronic logging device mandate.

In a media call Thursday, FMCSA Enforcement and Compliance Director Joe DeLorenzo emphasized a key point that might apply more broadly to other scenarios where personal conveyance for the purpose of getting “to your safe place to rest. It’s all about why you’re making that particular movement,” in the end.

Generally, personal conveyance use has not been allowed for any move intended to further the direction of the current or next dispatch and is intended as truly personal use of the truck, outside the stream of commerce. Further clarifying the change in personal conveyance interpretation, the agency noted it recognized that “the driver may not be aware of the direction of the next dispatch and that in some instances the nearest safe resting location may be in the direction of that dispatch. If the driver proceeds to the nearest reasonable and s

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