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BLOG: Revised Hours-of-Service?

January 3, 2018

A revised regulatory guidance has been proposed by federal trucking regulators. The personal conveyance guidance outlined by the Federal Motor Carrier Safety Administration focuses on the hours of service requirements for commercial motor vehicles (CMV) when driven off-duty for personal use. For example, personal use has been categorized as driving to and from their location of employment as well as traveling to restaurant and lodging while on the road. This revision would be the first since 1997.


The previous regulation established in 1997 does not permit loaded CMV’s to be utilized for personal use. Furthermore, the uses by drivers of a CMV for personal transportation who have been placed out of service based on a HOS violation were also excluded. The proposed modification brings attention to the need for drivers to operate their commercial motor vehicles while off duty without reference to whether or not the CMV is loaded. Previously, the guidance required that the commercial motor vehicle to be empty or the driver must drop the loaded trailer prior to using tractor for personal travel.


According to the FMCAS, under these new guidelines, movement of a commercial motor vehicle to increase readiness would be prohibited. This mean, a driver would not be allowed to use personal conveyance time to progress the truck closer to a scheduled destination as well as its assigned loading or unloading locations. This coincides with other listed improper uses such as bobtailing, traveling with an empty trailer in route to another shipment pickup, continuing a commercial motor vehicle journey in interstate commerce, and more.


As Electronic Logging Devices (ELD) took effect on December 18th, more and more eyes are taking a look at regulations surrounding truck drivers and how much they can and cannot move during their allotted Hours of Service. FMCSE posted their proposal on December 19th and has requested comments on this guidance.