What is Personal Conveyance? Understanding FMCSA Personal Conveyance Rules
Kelli has been in the trucking industry since 2003. She got her start working in compliance for a trucking carrier that specialized in government freight. She has been the compliance manager with ATS since 2017.
Run out of groceries in the truck after you’re done driving for the day? Notice something is moldy and you have nothing to eat but you don’t want to go to the truck stop? Or maybe you just want to go see a movie instead of staring at your bunk night after night.
You may be in an area where public transportation isn’t available and you don’t want to rent a car just to run a quick errand — especially when you have a perfectly good piece of equipment to drive to get where you need to go.
So, can you use the semi-truck you drive day after day to run a personal errand?
You can — and it’s called personal conveyance — but there are suggestions and carrier rules based upon when you can and can’t use personal conveyance time.
I’m a compliance manager here at Anderson Trucking Service (ATS) and we allow our drivers to use personal conveyance. We do, however, have a fairly strict policy. Though every company follows a different personal conveyance policy, I’ll help you understand what personal conveyance is and how it can be interpreted differently from carrier to carrier.
You’ll be armed with knowledge of the Federal Motor Carrier Safety Administration (FMCSA) personal conveyance guidance and have the knowledge to speak to your trucking company about their policy.
What is Personal Conveyance?
Personal conveyance consists of using a commercial motor vehicle (CMV) for personal reasons. It allows the driver to drive the CMV while in off-duty status. Keep in mind: A CMV includes vehicles other than semi-trucks, so it isn’t just truck drivers who have to pay attention to this regulation.
Personal reasons include using the CMV to get food, run to the grocery store or go to the movies. Personal conveyance can’t be used for anything work-related — especially if you’re trying to advance yourself or the load closer to your destination. You also shouldn’t be too ill or tired to drive safely and the movement of the vehicle shouldn’t benefit your trucking company.
Without personal conveyance, you can still run errands and travel during your off-duty time, but you’d need to use a personal vehicle, rent a car or use public transportation.
FMCSA Personal Conveyance “Rule”
The FMCSA doesn’t have a formal regulation for personal conveyance. They provide an interpretation of personal conveyance in the question and answer section of section 395.8. It’s up to each company to create a policy based on how they think the FMCSA interprets it and how officers will interpret the rule if/when they pull drivers over.
According to 395.8 Question 26:
A driver may record time operating a CMV for personal conveyance (i.e., for personal use or reasons) as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time. Personal conveyance does not reduce a driver’s or motor carrier’s responsibility to operate a CMV safely. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, this guidance, such as banning use of a CMV for personal conveyance purposes, imposing a distance limitation on personal conveyance, or prohibiting personal conveyance while the CMV is laden.
The FMCSA gives examples of when the CMV can be used for personal conveyance and when it cannot. Examples of when it can be used include running a personal errand, such as:
- Traveling from lodging facilities to a restaurant or movie theater (and back)
- Traveling between the driver’s terminal and their residence
- Traveling to a safe, nearby location for rest following loading or unloading
- Moving the CMV during off-duty time at a safety official’s request
- Transporting personal property
The FMCSA includes examples of how personal conveyance shouldn’t be used. Personal conveyance shouldn’t be used to:
- Advance the load to get closer to the next loading or unloading point
- Continue the trip
- Perform work duties, such as fueling, going to the shop for a maintenance appointment, having a random drug test completed and so on
- Travel to the carrier’s terminal following loading or unloading
Before 2020, personal conveyance had to be a roundtrip and you had to be bobtail only (you couldn’t be loaded) but that’s no longer the case.
Personal Conveyance — Different at Every Company
It’s important to follow the personal conveyance policy your company puts in place because policies vary across the industry.
Each company is tasked with creating a personal conveyance policy for drivers to follow, so it can be confusing when you switch companies and have to follow a different policy.
Some companies allow personal conveyance and some don’t. Because the FMCSA doesn’t regulate it — they only have an interpretation — it’s up to the companies if they want to allow it.
Of course, every policy states that personal conveyance needs to be used for personal, and not work-related, tasks. However, some companies may have rules that limit the distance drivers can travel and how many personal conveyance hours they can use per day.
For example, you may need to keep personal conveyance time local and up to 15 miles from your current location. When you keep it local, you’re less likely to be accused of trying to advance the load. At another carrier, you may only be able to use personal conveyance for two hours per day.
Some companies may only allow personal conveyance during 34-hour resets and not during legal breaks. If you’re over your allotted Hours of Service (HOS) for the day, your company may or may not let you use personal conveyance.
Let’s apply these rules to a real-life example:
Suppose you want to go to the movies one night. You’ve only driven seven hours today and have four hours of drive-time left on your clock. You decide to drive to a movie theater 10 miles away. It takes 15 minutes to get there. You watch a two-hour movie. Then it takes another 15 minutes to get back to the truck stop. Only drive time is counted toward personal conveyance, so you only used 30 minutes of your two-hour daily allotment. That’s fine. You also still had HOS on your clock to spare.
On the other hand, if you travel 30 miles away to a movie theater that gets you closer to your destination and you only have 10 minutes left on your HOS clock, you’ll not only be violating your company’s policy by going outside the mileage and hours limits, but an officer can give you a violation for attempting to advance yourself or the load.
Remember: Policies vary from company to company — with some being very strict on how far drivers can travel and for how long and some being quite lax. Again, make sure you understand exactly what your company does and doesn’t allow.
Depending upon the electronic logging device (ELD) your company uses, you may need to log personal conveyance differently from device to device. For instance, in Omnitracs, drivers need to log off-duty and then a bubble pops up that allows you to select personal conveyance. Then you have to type at least a four-letter comment about why you’re using it.
Personal Conveyance Violations
Some drivers try to get away with using personal conveyance to extend their clock and get closer to their destination — whether that be to pick up a load, deliver a load or get home. If you do this, you’re subject to violations.
For starters, you may face a stern warning from your company if you violate their policy. On top of that, you can be following your company’s policy perfectly and still get in trouble with a Department of Transportation (DOT) officer who doesn’t think you’re following their personal interpretation of personal conveyance.
A new violation was implemented in late August 2021 for improper use of personal conveyance. As of mid-2023, already 17,000 citations of this type have been given out by roadside inspectors for drivers violating this rule. If given this violation, it carries seven Compliance, Safety and Accountability (CSA) points. This is the same number of points a driver would receive for falsifying logs — or violating their HOS.
Make the Most of Your Clock
Personal conveyance allows you to perform tasks like running errands, going to restaurants or watching movies using your CMV instead of a personal vehicle.
The FMCSA provides examples of acceptable and unacceptable uses of personal conveyance.
Personal conveyance policies vary from company to company, and it's essential to adhere to the specific guidelines set by your employer. These policies might include limits on distance and time spent on personal conveyance, ensuring that it's genuinely for personal purposes.
Misusing personal conveyance, such as using it to extend driving hours or advance the load, can result in violations and penalties, including CSA points. While the FMCSA provides general guidance, companies create their policies, and drivers must understand and follow these rules accordingly to avoid violations and ensure compliance with safety regulations.
Learn other strategies for maximizing your Hours of Service.