|
By Pat Pitz, DAT Solutions
Few regulations have affected capacity in the trucking industry like the electronic logging device (ELD) mandate. The first half of 2018 was historically tight, which made it a challenge for shippers and freight brokers to build out their carrier networks.
However, trucks have come back to the market. During October, there were 25 percent more trucks posted on DAT load boards compared to September, and 37 percent more compared to October 2017.
According to the Federal Motor Carrier Safety Administration, truckers are complying with ELD rules at an exceptional rate. After 1.5 million roadside inspections since April, the start of "hard enforcement," less than 1% of drivers have been caught without an ELD, and HOS violations in general have fallen by nearly 50%.
One aspect of the ELD rule that shippers, carriers, and drivers are still grappling with, however, is the "personal conveyance" provision. Used properly, it can be a huge advantage and convenience.
Personal conveyance is the movement of a commercial motor vehicle for personal use when the driver is off duty. Under new guidance issued by FMCSA on Nov. 6, personal conveyance can apply even when the vehicle is loaded, since the driver is off duty and the freight is not being moved for any commercial benefit.
This is an important distinction.
According to FMCSA, personal conveyance cannot be used to advance a load or "enhance the operational readiness" of the driver.
For example, say a driver is picking up a load at a shipper's location but arrives later than expected. By the time the vehicle is loaded and the driver is told to leave the yard, he has exceeded his hours of service limit.
The driver can go off duty and legally move the vehicle under personal conveyance to the nearest safe parking spot. But if the driver were to pass the nearest safe place to park in order to get to another location that's closer to his next delivery or pickup, that's considered advancing the load and must be logged as on-duty time, which the driver doesn't have.
Let's say the carrier wants to set up a TriHaul to create a more profitable triangular route instead of a straight round trip. If a driver is deadheading from one delivery location some distance to pick up the next load, that's not personal conveyance because
|
A driver uses an ELD to log on and off duty. Compliance with the ELD mandate has helped relieve an ongoing capacity crunch. Photo credit: BOLT System
the driver has been dispatched from one location to the other and is on duty the whole time.
According to FMCSA, examples of appropriate uses of a commercial vehicle while off-duty for personal conveyance include:
• Time spent traveling between a motel or truck stop where the driver is staying while off duty and a restaurant
• Authorized use of a truck to travel home after working at an offsite location.
• Commuting between the driver's terminal and his or her residence, between trailer-drop lots and the driver's residence, and between work sites and his or her residence. In these scenarios, the commuting distance combined with the release from work and start to work times must allow the driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued.
Just because personal conveyance is allowed by the law doesn't necessarily mean it has to be permitted by the carrier. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, the FMCSA's guidance. Don't presume that a carrier allows personal conveyance of the vehicle.
If one thing feels certain, it's that the "ELD effect" of 2017 won't carry over to this holiday season. The loss of capacity and productivity in December 2017 led to sky-high rates through the first half of 2018. While rates are likely to rise this holiday season, the capacity shortage won't be as bad as it was a year ago.
For more information about personal conveyance and FMCSA's recent regulatory guidance, visit fmcsa.dot.gov/regulations/hours-service/personal-conveyance.
Pat Pitz is a writer for DAT Solutions in Beaverton, Ore., and editor of the DAT Broker News.
|
