Clarification of FMCSAs Definition of Personal Conveyance
| Entry Date | February 12, 2016 |
|---|---|
| Issue Number | 16-009-DRV |
| Name | Sgt. Trey Pellizzari |
| Agency | Texas Dept of Public Safety/Commercial Vehicle Enforcement Training Unit |
| Address | 5807 Guadalupe, Bldg N-1Austin, TX, 78752United StatesMap It (opens in a new tab) |
| Phone | 512-424-7485 |
| Fax | (512) 424-5262 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | I am asking CVSA take action, and further urge FMCSA to become definitive on the definition of "Personal Conveyance". No agency or organization will publish any written guidance concerning "Personal Conveyance", other than the very broad Interpretation found at 395.8, #26. This is a serious issue throughout the nation, and its interpretation varies from jurisdiction to jurisdiction. In a State as large as Texas, the use of a commercial vehicle as a personal conveyance is abused to circumvent the current HOS requirements. It is recommended that the Canadian definition of “Off-Duty Time” be utilized to address the issue. Part of Canada's definition is.....(a)driving the vehicle for personal use that has no commercial purpose; (b) Vehicle has been unloaded; (c) Any trailers have been unhitched; (d) Does not drive the vehicle more than 75KM (appx 45-46 miles) in a day; (e)Entry in Remarks stating for personal use and start/end odometer readings. Attachment is a portion of their Regulation. Canada's explanation is pretty well clear-cut and substantial when it comes to what personal conveyance is and is not. |
| Justification or Need | Level of Importance: High |
| Request for Action | Specific definition and guidance to be used and adhered to by all Agencies in relation to "Personal Conveyance". |