There will be at least 6 vaccines that will likely meet acceptable effectiveness – we will dive into the first 2 announced.
This November has seen the highest jump in reported COVID-19 cases, hospitalizations, and deaths across the U.S. and in states where a major outbreak had not previously appeared.
While wearing masks and increasing social distancing can reduce the spread of COVID, it does not kill the disease, just slows it down to acceptable levels to keep our healthcare at reasonable capacities.
The only way to truly get ahead of the pandemic and back to normal life is scientifically approved vaccines to be distributed across the globe.
Two Vaccines Show High Effective Rates In Human Trials
Vaccine researchers deserve to be praised for finding highly effective vaccines, with no major side effects, in only ten months with the capability to have millions of vaccines available by the end of the year.
Two major super-pharma companies have released human trial results in the past week. Pfizer’s vaccine trial showed an effective rate of 95% with hopes to distribute around 50 million vaccine by the end of the year. Moderna’s vaccine trial showed an effective rate of 94.5% and hopes to distribute around 20 million by the end of the year.
In perspective, the annual flu vaccine hopes to achieve over 60% effective rates as biologists must guess what various flu strains will look like for the next flu season.
To transport and deliver these vaccines, the Pfizer vaccine is required to be kept at -70 degrees Celsius and the Moderna vaccine to be kept at -20 degrees Celsius.
To note, there are 4 other vaccines that will likely meet acceptable effectiveness that will also be easier to produce and distribute.
So, what will the logistics look like for these two vaccines?
Massive Cold-Storage Supply Chain Will Be Tested
Not only does Pfizer and Moderna plan to produce a billion vaccines each to be distributed worldwide, but both vaccines require two doses for proper immunity.
These vaccines also require cold supply chains, or to be refrigerated from production to distribution, to extend the shelf-life of the vaccine.
This means everything must be kept chilled with a massive amount of special equipment, reefer trailers, containers, and more.
According to NBC News, “Pfizer is marshaling a massive new cold-storage supply chain to handle the delicate dance of transporting limited doses of its coronavirus vaccine from manufacturer to any point of use within two days.”
The company says the vaccines will be packed below dry ice inside thermal packaging containers developed by Pfizer, which should maintain the -70 degree Celsius requirement for enough time to transport the vaccine from manufacturer to distribution points through standard pharmaceutical reefer trailers at -30 Celsius.
The packages, containing 1,000 to 5,000 doses, will be shipped by air to major distribution hubs and then delivered by trucks to hospitals, outpatient clinics, community vaccination locations and pharmacies.
However, everyday pharmacies are not able to stockpile large quantities of vaccines that require subzero storage. Though, pharmacies may be able to keep Pfizer’s cooler-size boxes on hand, and other vaccines can be stored at less extreme temperatures.
According to the New York Times, UPS is creating a freezer farm in Louisville, KY where it can store millions of doses of vaccine at subzero temperatures. FedEx already has machines in warehouses that can produce dry ice, and UPS said it was considering adding them.
Gen. Gustave Perna, the chief operating officer for the government’s Operation Warp Speed, which is tasked with distributing the vaccine, said Sunday on CBS’ “60 Minutes” that tracking and tracing every dose will require the use of a program called Tiberius that links databases from shipping companies and the government, a capability that didn’t exist two months ago.
What Can We Do Now?
With tens of millions of vaccines going to the most populous states and our healthcare workers first, what can we do now?
The most important thing we can do is to help flatten the curve. We are in the worst period of the pandemic and many are facing “pandemic fatigue”. But we must stay vigilant in wearing our masks, think about what your holiday plans will look like with masks and social distancing, and being kind to those who agree or disagree with each other.
Our healthcare workers are dealing with 36-hour shifts, collapsing with emotional distress, and not feeling the hero status they rightly deserve like in the beginning of the pandemic.
Let us be thankful and share the love and kindness we celebrate during the holidays with those on the frontlines.
Are you concerned for your staff and/or drivers and their COVID-19 exposure?
We offer on-site pre-shift screenings, screening questionnaires and temperature screenings for your distribution site, terminal, construction site or office.
We also offer antibody testing, which provides insight into employee exposure by determining whether or not they have developed COVID-19 antibodies.
The Department of Health and Human Services (HHS) just wrapped up their 60-day comment period on their long-anticipated proposed hair testing guidelines.
Since 2015, when Congress mandated HHS to release hair testing guidelines, the Department of Transportation (DOT) and the trucking industry has increased random drug testing requirements due to the rise in rates of positive drug tests. The DOT also released a national drug testing results Clearinghouse Database to help reduce the number of safety-sensitive employees using controlled substances. Learn how to sign-up for the Clearinghouse
The industry is seeking additional drug testing methods, like hair and oral saliva testing, that can be used to prevent unsafe drivers on the roads as these methods are harder to cheat and provide a more complete drug testing history.
Large fleets have long used hair testing for pre-employment testing, catching 5 to 10 times more drug users than industry standard urine testing. However, currently these positive results cannot be released to the drivers record per DOT regulations.
Once completed, the DOT will adopt HHS hair testing guidelines and eventually prevent these drivers from seeking a job with another fleet. As of right now, the proposed guidelines fall short of what the trucking industry has been hoping for.
Let’s break this down.
Why use hair testing as an alternative testing method?
The biggest problem with urine testing is how many options there are to try and cheat a drug test. These methods include:
- synthetic “fake” urine
- watering down the urine, or
- slipping in clean urine from someone else
While there are processes in place to catch individuals cheating the system, many people claim to have cheated and never been caught. Hair testing on the other hand is virtually impossible to cheat when done properly. There is no scientific proof that results can be manipulated by:
- dying your hair
- applying hair products
- detox kits, or
- any other misconceptions about manipulating test results.
Additionally, the hair testing can detect drugs and alcohol in the system from a week to 90+ days, unlike urine testing, which only detects drugs and alcohol up to 7 days. Employers have long been using hair testing for pre-employment testing so they can better understand a potential new hire’s drug testing history.
“The scary part is, while a driver can be disqualified from driving from Werner Enterprises, they’re able to go to another carrier [that may not use hair testing] because hair testing isn’t recognized under federal regulations,” said Jamie Maus, vice president of safety and compliance at Werner Enterprises.
“Of the 5,000 positive hair tests in the last couple of years, only a handful of those also tested positive in urine, so only a handful of those would have been reported to the current Drug and Alcohol Clearinghouse or to other companies.”
“What was more surprising was the types of drugs we were picking up. The number one drug we see is cocaine, then amphetamines, and then opioids – marijuana is not even in the top tier.”
While critics of hair-testing claim it can result in false positives because certain drugs can be absorbed into the hair from secondhand smoke, or that it may offer racial bias in test results, hair-testing advocates say those concerns are unfounded and scientifically unproven.
Why the HHS hair testing proposal falls short
The biggest problem with the proposed hair testing guidelines is that, if hair testing results come back positive, a second urine test is required to confirm the positive test result.
This means a urine specimen must be collected at the time of the hair test or an employee must give a urine specimen by an MRO when reviewing a positive hair test result.
Not only will this create scenarios where a driver could receive a positive hair test result and a negative urinalysis test result, it also creates other issues such as:
- extra testing costs for confirmation testing
- longer driver downtime while waiting for test results, and
- complicated logistics of collectors or labs keeping an authorized second urine specimen for an undisclosed period of time while waiting for the MRO to determine if the specimen is needed for confirmation testing.
According to industry experts, hundreds of thousands of secondary urine specimens per day may need to be shipped to two completely different testing laboratories as some labs do not test both hair and urine and millions of these specimens will be collected, shipped, identified, and eventually discarded for no reason, significantly increasing testing costs to companies.
When can we expect DOT hair testing?
The HHS proposed hair testing guidelines were published in the Federal Register on September 10, 2020. After the 60-day comment period, which ended November 10, 2020, HHS will review all comments and can make additional changes to their proposal. This process could take months.
When HHS releases their final proposed guidelines, the industry will need to wait for the Department of Transportation to go through its rulemaking process to allow the use of hair testing by motor carriers. While the DOT will likely adopt HHS guidelines, this process could take two years on its own.
However, Congress may try to push for immediate DOT adoption and the incoming Biden administration may apply pressure to speed up this process as well.
Drug and Alcohol Services
At CNS, we offer a comprehensive Drug and Alcohol Consortium Service and are a certified consortium and third-party administrator (C/TPA).
Our experts ensure that all DOT rules and regulations are followed, including the implementation of random drug tests for you and your drivers, updating your company drug testing policies, record retention and document purge management.
We take all the necessary steps and precautions to keep you and your drivers compliant with the DOT drug and alcohol testing requirements.
If you’ve got the vision and desire to start a trucking company, now is the time to make that vision reality. Starting any new business can be expensive and time-consuming. You don’t want to get overwhelmed by the paperwork and documentation before you even pick up a load.
That’s where CNS can help! As a leader in the trucking industry, we’ve helped many trucking startups and know what makes new companies successful. We’ve outlined the basic steps you’ll need to take to start a trucking company.
Our specialists can help you avoid getting bogged down in forms, because we take time to learn about your operation and help you become DOT compliant from the start. We won’t over-sell unneeded items or services that don’t ultimately help you get your business on the road.
Let us help you get started.
Step 1: Make a Detailed Financial Plan
A solid business plan will list expenses and revenue expected in your business. Be sure to include your own salary. Costs involved in a trucking startup include tractors, trailers, licensing, and registration costs. Also include the cost of insurance, and data tracking software and services.
The U.S. Small Business Administration website has downloadable templates to create your own business plan.
Step 2: Decide What Kind of Company You Want To Form
You may want a sole proprietorship, a partnership, or a limited liability company. Each of these has pros and cons, which vary by state.
To own and run a private company in the United States, you’ll need to form a limited liability company (LLC). This is a business structure that combines pass-through taxation (like a partnership or sole proprietorship), with the limited liability of a corporation.
CNS can prepare and file your LLC application with your home state. Or if you want to start a partnership or sole proprietorship, click here.
Step 3: Obtain a Federal Employer Identification Number (EIN)
This unique nine-digit number gets assigned to businesses in the United States by the Internal Revenue Service. Use this number to file your business tax returns.
CNS can obtain your EIN on your behalf. Click here to begin obtaining a Federal EIN.
Step 4: Become Compliant with Trucking Safety Regulations
- Obtain a USDOT Number
First be sure you even need a USDOT number. Obtaining a USDOT Number can be confusing and costly. Here’s where CNS can help by getting your number quickly and accurately. Click here to learn more.
- Obtain a Motor Carrier Operating Authority
Companies are required to have interstate operating authority (MC Number) in addition to the DOT Number if they do any of the following tasks:
- Operate as for-hire carriers (for fee or other compensation)
- Transport passengers in interstate commerce (or arrange for their transport)
- Transport federally regulated commodities in interstate commerce (or arrange for their transport)
CNS can file for your MC Number at the same time we apply for your DOT Number.
- File a BOC-3
A BOC-3 is a required United States filing that activates your Motor Carrier Authority. This filing assigns legal agents in the event court papers ever need to be served to your company by an outside state. It is required before federal operating authorities can be granted in the U.S.
CNS, unlike many of our competitors, does not charge an annual fee for a BOC-3 filing.
- Know the Heavy Use Tax (HUT) States
You may need to apply for further credentials if your company drives in the following states:
- New York
- New Mexico
- Plan to File Heavy Highway Use Tax (2290)
A trucking startup needs to be aware of special tax codes and procedures in accordance with State, District of Columbia, Canadian, and Mexican law. When a vehicle has a taxable gross weight of 55,000 pounds or more, the company has to electronically file a HVUT Form 2290.
Once this is filed, you will need to get a stamped copy of your Schedule 1. Companies are required to file all taxable highway motor vehicles registered in your name during the tax period when the truck first operated.
CNS can file your Schedule 1 with the IRS and provide you a stamped E-File copy. Click here to learn more.
- Secure a Unified Carrier Registration (UCR)
The Unified Carrier Registration (UCR) program requires ALL carriers (private, exempt, or for hire) to register their business with a participating state and pay an annual fee that is based on the size of their fleet.
Brokers, freight forwarders, and leasing companies also are required to register and pay a fee, unless they are also operating as a motor carrier.
CNS can complete your UCR filing after you obtain your DOT number. Click here to learn more.
- Get an International Fuel Tax Agreement (IFTA) Sticker
This agreement is between the lower 48 states and Canadian provinces and it simplifies reporting of fuel use by motor carriers operating in multiple jurisdictions. Alaska, Hawaii, and Canadian territories do not participate.
An operating carrier with IFTA receives an IFTA license and two decals for each qualifying vehicle. The carrier files a quarterly fuel tax report. This report determines the net tax or refund due and redistributes taxes from collecting states to states where it is due.
- Obtain an International Registration Plan (IRP) Sticker
This registration gives reciprocity between the United States and Canada without the need for additional registrations. Under this Plan, only one license plate and one cab card is issued for each fleet vehicle.
Step 5: Become Compliant with the FMCSA
Great job! Taking these steps gives you DOT and Operating authority. Now you need to become compliant with the FMCSA. These items need to be maintained through the year.
CNS has reliable, cost-effective packages that keep you compliant and up-to-date.
Step 6: Obtain the Correct Insurance
Different types of insurance are available and often required to cover certain aspects of your trucking company.
- Primary Liability – After applying for an MC Number, you will need to post liability insurance with FMSCA. You must carry at least $750,00 in primary liability coverage to cover damages or injuries from at-fault accidents.
- Cargo Insurance – This insurance covers damage to the freight and/or theft.
- Physical Damage – Provides coverage for truck damage when you are not liable.
- Non-Trucking Use (Bobtail) – Covers liability in accidents that happen when you’re not hauling a load for someone else.
CNS partners with premiere truck/passenger insurance agencies to obtain the best coverage at affordable rates. Click here to learn more.
Step 7: Use a Driver Qualification File (DQF) Service
Trucking companies need to keep impeccable records in the event of an audit. Physical or electronic driver files allow you to pull an MVR report, look at previous employer inquiries, PSP reports and more.
CNS has solutions to keep your Driver Qualification Files up to date with regulations and ready to help you pass an audit. All of our driver files are monitored by actual DQF specialists to ensure documents don’t expire. We communicate personally about soon-to-expire materials to avoid computer overlooks. Click here to learn more.
Step 8: Join the Mandatory Drug and Alcohol Consortium
Anyone holding a Commercial Driver’s License needs to have a pre-employment drug test and be enrolled in a DOT drug and alcohol consortium.
CNS offers a low-cost, DOT-compliant service that covers DOT random testing through the year. Our service gives you a secure portal to track test results. We also have personal representatives to call when you have questions. Click here to learn more.
Step 9: Install a Compliant Electronic Logging Device
Per a 2017 Electronic Logging Device mandate, non-exempt carriers are required to install an FMCSA-registered and compliant electronic logging device.
Today’s ELDs can actually help you grow your business. ELDs offer many fleet management features like diagnostic tools and advanced reporting. With their reports, you can maximize your fleet efficiency and simplify your operations.
Step 10: Make Your Trucking Startup a Reality
We at CNS are excited for your new venture to become reality. We’re here to help you navigate the path towards starting a trucking company.
Our services and compliance specialists are on hand to get you up and running as quickly as possible.
The Commercial Vehicle Safety Alliance (CVSA) wants more time to collect and analyze comments on the FMCSA’s proposal for changes to the hours-of-service rules.
The CVSA sent a formal petition to the FMCSA requesting a 45-day extension to the comment period regarding a notice of proposed rulemaking aimed at providing commercial motor vehicle drivers more hours-of-service flexibility.
In early August the FMCSA proposed five changes to the hours-of-service regulations:
- 30-minute break requirement: Changes will allow drivers to satisfy the required break using on duty, not driving status, rather than off duty.
- Sleeper berth exception: Changes will allow drivers to split the required 10 hours off duty into two periods.
- One period must contain at least 7 consecutive hours in the sleeper berth.
- The other period cannot be less than 2 consecutive hours, either off duty or in the sleeper berth.
- Note: Neither period would count against the driver’s 14‑hour driving window
- 30-minute to 3-hour off-duty break: Changes will allow drivers one off-duty break of at least 30 minutes and no more than 3 hours, that pauses the driver’s 14-hour driving window
- Note: Driver must take 10 consecutive hours off-duty at the end of the work shift.
- Adverse driving conditions exception: Changes will extend the maximum window during which driving is permitted by two hours.
- Short-haul exception: Changes will lengthen the drivers’ maximum on‑duty period from 12 to 14 hours and extends the operating distance limit from 100 to 150 air miles.
CVSA fully supports FMCSA in their request for comments, however, Executive Director Collin Mooney said that 45 days is not enough time to prepare and approve comments on such a complicated and important issue. Mooney stated that it is imperative that stakeholders provide more time.
The August 22, 2019 proposal opened a 45-day comment period allowing comments on regulations.gov using docket number FMCSA-2018-0248 until Oct. 7, however the extension would leave the comment period open until November 21, 2019.
Stay DOT compliant
Knowing these Hours-of-Service rules and regulations will allow you to stay compliant and plan your operations more efficiently.
If you have any questions, call (888) 260-9448 or email at email@example.com.
Frequently asked questions about the safety rating upgrade process at CNS! Chris, our VP of Business Development, interviews Hoyt Craver, our Safety Rating Upgrade Project Coordinator. We achieve incredible success with the FMCSA, learn more in this short clip.
Greenbelt, Maryland (Nov. 6, 2018) – During Brake Safety Week, Sept. 16-22, 2018, enforcement personnel in 57 jurisdictions throughout Canada and the United States conducted 35,080 inspections on commercial motor vehicles and captured and reported data on brake violations. The majority of vehicles inspected did not have any brake-related out-of-service conditions; however, inspectors found critical vehicle inspection items in the brake systems of 4,955 (14.1 percent) of the vehicles inspected and placed those vehicles out of service until the condition(s) could be corrected.
Brake violations were the top vehicle out-of-service violation during the Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck 72-hour enforcement initiative in June 2018. And according to the U.S. Federal Motor Carrier Safety Administration’s (FMCSA) data (snapshot as of Sept. 28, 2018), out of 2.38 million inspections, there were 1,045,335 brake-related violations in federal fiscal 2018, with a portion of those accounting for seven of the top 20 vehicle violations. In an effort to address brake system violations, jurisdictions throughout North America participated in this year’s Brake Safety Week.
The goal of this week-long brake safety enforcement and outreach initiative is to reduce the number of crashes involving brake-related problems by raising awareness throughout the motor carrier community of the importance of properly functioning brake systems and by conducting roadside inspections to identify and remove vehicles with critical brake violations from our roadways.
Brake Safety Week data also captured antilock braking systems (ABS) violations, indicating how well ABS are maintained in accordance with federal regulations. ABS help the vehicle to stop in the shortest possible distance under many conditions and to maintain steering control in situations when tires may slip. Many participating jurisdictions surveyed ABS compliance. ABS violations were counted when the malfunction lamp did not illuminate or stayed on, indicating an issue of some kind. The findings are as follows:
- 26,143 air-braked power units required ABS; 8.3 percent (2,176) had ABS violations.
- 17,857 trailers required ABS; 12.5 percent (2,224) had ABS violations.
- 5,354 hydraulic-braked trucks required ABS; 4.4 percent (234) had ABS violations.
- 651 motorcoaches/buses required ABS; 2 percent (13) had ABS violations.
Brake Safety Week deployed several strategies to help make our roadways safer:
- Prevention – Since the dates of Brake Safety Week are announced well in advance, it gives motor carriers and drivers ample opportunity to ensure their vehicles are proactively checked and properly maintained and any issues found are corrected. Everyone wants the vehicles that are inspected to pass inspection. A vehicle that passes inspection increases overall safety.
- Education – Brake Safety Week is an opportunity for law enforcement personnel to educate drivers and motor carriers on the inspection procedure with a focus on the vehicle’s mechanical components, especially the brake systems. Education and awareness are key in prompting preventative action to ensure each commercial motor vehicle is safe and roadworthy.
- Action – Inspectors who identified commercial motor vehicles with critical brake issues during the inspection process were able to remove those dangerous vehicles from our roadways. If a vehicle has brake-related critical inspection items, it’s law enforcement’s duty and responsibility to place that vehicle out of service, safeguarding the public.
“Whether you’re driving a commercial motor vehicle or inspecting one, we all know the importance of properly functioning brakes,” said CVSA President Lt. Scott Carnegie with the Mississippi Highway Patrol. “It is essential that we – law enforcement, drivers and motor carriers – do all that we can through prevention, education, outreach and action to ensure only the safest commercial motor vehicles are being operated by professional drivers on our roadways.”
Brake Safety Week is part of CVSA’s Operation Airbrake Program in partnership with FMCSA and the Canadian Council of Motor Transport Administrators.
The Commonwealth of Kentucky Transportation Cabinet has released a memo stating that Kentucky ad valorem fee conversion factor will change effective January 1, 2019.
Conversion Factor Table and Fee Calculation Example
Example Fee Calculation:
Ad Valorem Fee – Purchase Price ($100,000.00) X Year of Purchase Factor (.00608) = $608.00 X Kentucky Mileage Percentage (.50) = $304.00
Weight Fee – 80,000 Pound Weight Fee ($1,410.00) X Kentucky Mileage Percentage (.50) = $705.00
Total Fee – $304.00+ $705.00 = $1009.00
Note: The ad valorem fee is not applicable to any current year purchase and is not prorated.
Utah State Tax Commission has announced Effective January 1, 2019 Utah DMV Motor Carrier Services will no longer issue month or year decals for apportioned license plates. Utah Code 41-1a-301 (6)(d)(iii)(B) reads,
“A registrant of an apportioned vehicle is not required to display month or year decals.” Owners are still required to maintain current registration for all apportioned vehicles, and present cab cards to law enforcement when requested.
For questions please contact Motor Carrier Services 801-297-6800.
Northern Insurance Specialists (NIS) is proud to offer Progressive Smart Haul® Program. The Smart Haul® program is a usage-based insurance program. The Smart Haul® program will save drivers a minimum of 3 percent on their initial Progressive 12-month policy that has primary liability coverage. Progressive will assess the data at each renewal to determine the savings.
‘At NIS we are always looking for ways to help our commercial truck and auto customers save money. Now NIS and Progressive Commercial have teamed up to bring truckers a powerful new way to save money on their commercial truck insurance. Whether you’re a new venture or seasoned owner operator, the Progressive Smart Haul Program is fast, easy and can save you substantial dollars on your commercial truck insurance’ says Ron Haws Agency Director of Northern Insurance Specialists.
If eligible, you can choose to participate in Smart Haul® when getting your quote. If you do you’ll get an instant 3% savings just for granting access to your driving data. Then Progressive will work with your ELD vendor to see if you’re eligible for additional savings up to a total of 18%. The amount is determined by reviewing your recent driving data, which can include information about your vehicle, driving behavior, location and other diagnostics. Your savings depends on how safe your driving is compared to truckers who do similar work. As long as you stay a Progressive customer and choose to participate in the program, Progressive will automatically adjust your premium at each renewal to reflect your most recent driving data.
Smart Haul is available in most states. To qualify you must have an ELD, a USDOT number and Primary Liability coverage on you Progressive for-hire truck policy.
Progressive is the #1 truck insurer and NIS is a top agency performer for Progressive Truck Insurance. Northern Insurance Specialists LLC currently writes commercial auto insurance in Pennsylvania, Maryland, New Jersey, Delaware, Ohio, West Virginia, Virginia, Tennessee, Illinois, Indiana, Iowa, North Carolina, South Carolina, Georgia, Oklahoma, Texas.
Talk to a Trucking Insurance Specialists
FMCSA states personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. 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. 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, the guidance provided here.
FMCSA updates the guidance for § 395.8 Driver’s Record of Duty Status to read as follows:
Question 26: Under what circumstances may a driver operate a commercial motor vehicle (CMV) as a personal conveyance?
Guidance: 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.
Examples of Appropriate Uses of a CMV While Off-duty for Personal Conveyance
The following are examples of appropriate uses of a CMV while off-duty for personal conveyance include, but are not limited to:
- Time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities.
- 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.
- Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available.
- Moving a CMV at the request of a safety official during the driver’s off-duty time
- Time spent traveling in a motorcoach without passengers to en route lodging (such as motel or truck stop), or to restaurants and entertainment facilities and back to the lodging. In this scenario, the driver of the motorcoach can claim personal conveyance provided the driver is off-duty. Other off-duty drivers may be on board the vehicle, and are not considered passengers.
- Time spent transporting personal property while off-duty.
- Authorized use of a CMV to travel home after working at an offsite location.
Examples of Uses of a CMV that Would Not Qualify as Personal Conveyance
The following are examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following:
- The movement of a CMV in order to enhance the operational readiness of a motor carrier. For example, bypassing available resting locations in order to get closer to the next loading or unloading point or other scheduled motor carrier destination.
- After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the motor carrier to pick up another towed unit.
- Continuation of a CMV trip in interstate commerce in order to fulfill a business purpose, including bobtailing or operating with an empty trailer in order to retrieve another load or repositioning a CMV (tractor or trailer) at the direction of the motor carrier.
- Time spent driving a passenger-carrying CMV while passenger(s) are on board. Off-duty drivers are not considered passengers when traveling to a common destination of their own choice within the scope of this guidance.
- Time spent transporting a CMV to a facility to have vehicle maintenance performed.
- After being placed out of service for exceeding the maximum periods permitted under part 395, time spent driving to a location to obtain required rest, unless so directed by an enforcement officer at the scene.
- Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.
- Time spent operating a motorcoach when luggage is stowed, the passengers have disembarked and the driver has been directed to deliver the luggage.
For questions regarding personal conveyance email: firstname.lastname@example.org