Is your fleet abiding by all personal conveyance laws? If not, your fleet could face penalties. In this article, we discuss what constitutes personal conveyance and the regulations and best practices that all fleet managers need to consider.
FMCSA Definition Of Personal Conveyance
In a thirty-day period in 2022, there were 3,041 personal conveyance violations. Of those violations, 61% resulted in the driver being placed out of service.
The Federal Motor Carrier Safety Administration (FMCSA) defines personal conveyance as “the movement of a commercial motor vehicle (CMV) for personal use while off-duty.”
The FMCSA goes on to say that a driver may record time operating a CMV for personal conveyance 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 motor carrier at that time.
Regulatory Considerations
When it comes to the personal use of a commercial motor vehicle, it’s important to get familiar with these key points and train your drivers to keep them top of mind.
Off-Duty Status
Drivers must be fully off-duty — that is, not under any obligation to work or perform job-related tasks — when using the company vehicle for personal conveyance.
No Business Benefit
The use of a company vehicle for personal reasons must not benefit the business financially. If there is financial benefit involved in some way, the use of the vehicle cannot be classified as personal and all hours-of-service and electronic logging device (ELD) laws must apply.
Distance Restrictions
The Federal Motor Carriers Safety Administration does not set a distance limit for personal conveyance, but it’s generally understood that the travel should be for short distances and not for extended personal trips.
Electronic Logging Devices
While the driver is on-duty, they must use the vehicle’s ELD to accurately record their hours of service. When the driver uses the vehicle for personal conveyance, they should set their ELD to “Off-Duty” and abide by all FMCSA rules and regulations for that activity.
Personal Conveyance Best Practices For Fleet Managers
Develop Clear Policies
Developing clear, understandable policies is one of the best things you can do to keep your fleet operating orderly and efficiently.
Not only do these policies protect your vehicles and your drivers, but they also protect your business from legal costs, medical liability, and other penalties that can come when accidents occur or your fleet is cited for non-compliance.
Comprehensive personal conveyance policies often include sections such as:
- Vehicle overview: what qualifies as a company vehicle, to whom the policy applies, and when and where the policy is in force
- Driver eligibility: who has permission to drive a company vehicle
- Acceptable use: appropriate and inappropriate use of a company vehicle
- Company responsibilities: providing insurance, registering the vehicles, ensuring vehicles are safe, etc.
- Penalties for violating these policies
Your fleet documentation should also include policies that govern the personal use of all business vehicles.
For more information about how to prepare and implement policies for your fleet, take a few minutes to read this article from the Coast blog: What To Include In Your Company Vehicle Policy.
Train Drivers
Once you have policies in place, educate and train your drivers on the ins and outs of personal conveyance, the importance of complying with business and FMCSA policies, and the potential consequences of violating these policies.
It’s also a good idea to hold review sessions throughout the year to reintroduce points that drivers might have missed, reinforce points they did get, and ensure that everyone is working under the rules and regulations that apply to your business.
For more information on how to train your drivers, check out this article from the Coast blog: Driver Coaching: A Complete Guide For Fleet Managers.
Track Vehicles
Give your drivers the freedom to make their own decisions while they’re on the road, but don’t just watch them drive off and then forget about them. Track your vehicles to make sure they’re being used correctly and are going where they need to go.
Tracking has become much easier in recent years with the improvement of fleet management software, telematics, GPS, and smart fuel-card technology. Used correctly, these tools (a.k.a. the tech stack) can provide a 360-degree view of vehicle activity and your fleet as a whole.
They can also help you monitor when a driver is on duty, when they’re off duty, and when they’re using a vehicle as personal conveyance. Armed with that data, you can provide concrete examples of appropriate use and correct any inappropriate uses as soon as possible.
For more information on how best to track company vehicles, refer to this article from the Coast blog: Fleet Tracking 101: A Guide For Fleet Managers.
Monitor ELD Data
Another good way to ensure that your drivers are abiding by all personal conveyance rules and regulations is by monitoring their electronic logging device (ELD) data.
ELD data is an important key performance indicator (KPI) for your business and can help you paint a hyper-accurate picture of a driver’s activities while they’re on the road and whether or not they are complying with FMCSA laws.
Address Violations Promptly
As we’ve touched on, violations of your personal conveyance policies (and the rules and regulations put forth by the FMCSA) can have significant consequences for drivers and fleet operations.
Both parties can be hit with substantial fines, loss of license, loss of vehicle (i.e., out of service), and increased insurance premiums.
In addition, your fleet can suffer from a loss of public perception (that can affect customer trust and business opportunities) and increased scrutiny from regulatory agencies that can make it more difficult to carry out day-to-day activities.
If you notice that a personal conveyance violation has occurred, address the issue immediately. Remind the driver about your company policies, engage in disciplinary measures if necessary, and then retrain them to operate their vehicle according to the rules of the road.
Examples Of Appropriate Personal Conveyance
Appropriate use of an off-duty CMV for personal conveyance includes:
- Driving to lodging, restaurants, and entertainment
- Driving between work and residence
- Driving to a rest stop after loading or unloading
- Driving at the request of a safety official during off-duty hours
- Driving a motorcoach without passengers to lodging
- Transporting personal property while off duty
It’s important to understand that these are not the only appropriate uses of a commercial motor vehicle for personal conveyance. Create clear policies about what your business allows, and let your drivers decide for themselves as long as the uses don’t violate FMCSA mandates.
Examples Of Inappropriate Personal Conveyance
To give you a clearer picture of what constitutes appropriate personal conveyance, here are some examples of inappropriate uses of a commercial motor vehicle:
- Moving a CMV to enhance operational readiness (e.g., positioning it closer to pick-up or drop-off site)
- Returning to the point of origin to pick up another towed unit
- Continuation of a trip in order to retrieve another load or reposition the CMV
- Driving a CMV with passengers on onboard
- Driving a CMV to a facility for maintenance
- Driving to a rest stop after being placed out of service
- Returning to a terminal after loading or unloading
If a driver is unsure what constitutes personal conveyance while they’re on the road, encourage them to call home base and ask for feedback and guidance. That way, you can avoid the penalties and fines that may come with violating federal hours-of-service regulations.
Simplify Personal Conveyance Policies With Coast
Regardless of whether a driver is using a vehicle for work purposes or for personal conveyance, that vehicle is burning fuel. In fact, 22% of the total cost to own and operate a vehicle — in both on-duty and off-duty status — is fuel.
If not properly monitored, your fuel costs can quickly spiral out of control and start to affect your bottom line.
With Coast, you can make sure drivers fill up only during their shifts by setting days and times when the card can be used. Coast captures location, time, and fuel volume, which can be used to verify that fueling aligns with business activities.
Coast also integrates with telematics systems, allowing for even more precise tracking and reporting on vehicle usage and making it easier for fleet managers to monitor compliance with personal conveyance rules and avoid potential regulatory issues.
To learn more about how Coast can help you improve your operation — and not just the personal conveyance part — visit CoastPay.com today.
