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Passenger vehicles share the roadways with millions of big rigs. According to the U.S. Department of Transportation (USDOT), more than 130 million commercial trucks are in use nationwide. California and Texas have the most trucks, with a combined total of about 25 million. Millions of trucks can make driving on our roads more dangerous. Trucks are required to follow federal and state regulations. However, there are some differences in the rules when drivers are not on duty, particularly concerning CDL qualifications and exemptions governed by federal regulations under the Federal Motor Carrier Safety Administration (FMCSA).
Personal conveyance (PC) is the personal use of a commercial motor vehicle. This is the time spent driving by truck drivers when they are not actually on the clock. Drivers are allowed to drive big rigs for personal conveyance as long as they follow the rules set forth by the Federal Motor Carrier Safety Administration (FMCSA). Carriers are not required to allow their drivers to use the trucks for personal conveyance; however, if they do, they must enforce the rules.
There are some appropriate uses for a truck for the personal conveyance, which include:
Driving just the tractor for personal use, such as operating a semi without a trailer, is also considered personal conveyance. However, safety concerns arise due to the lack of weight on the rear axles when driving bobtails, and the necessary qualifications, such as a CDL, may or may not be required, depending on the usage.
There may be additional appropriate uses. In addition, some personal uses do not qualify as personal conveyance. For instance, the driver cannot count the time as PC when driving to a location for rest after exceeding the maximum driving period under the law.
To drive a semi-truck for personal use, you must meet certain eligibility requirements and obtain the necessary licenses and endorsements. Here are some key requirements to consider:
Age: In most states, you must be at least 21 years old to apply for a commercial driver’s license (CDL). This age requirement ensures that drivers have the maturity and experience needed to safely operate large commercial vehicles.
Driver’s License: A valid driver’s license issued by your state of residence is essential. This license serves as the foundation for obtaining a CDL and demonstrates your ability to operate a vehicle legally.
Medical Certificate: Obtaining a medical certificate from a Federal Motor Carrier Safety Administration (FMCSA)-approved medical examiner is crucial. This certificate verifies that you meet the health standards to operate a commercial motor vehicle safely.
Air Brake Endorsement: If your semi-truck is equipped with air brakes, you may need to obtain an air brake endorsement on your CDL. This endorsement indicates that you have the knowledge and skills to operate vehicles with air brake systems.
CDL Requirements: Meeting the CDL requirements for your state is mandatory. This typically includes passing a written test, a skills test, and a vision test. These tests ensure you have the knowledge and abilities to drive a semi-truck safely.
By fulfilling these requirements, you can legally drive a semi-truck for personal use, ensuring compliance with federal and state regulations.
The interpretation of Hours of Service (HOS) rules under federal regulations is complex and sometimes confusing. The driver must always follow the law and, therefore, may not be allowed to use the truck for PC at certain periods of time based on his or her use.
At the heart of PC time are the two basic questions as to whether driving the truck was for personal benefit alone and whether the driver was relieved of all work responsibility and could participate in personal activities. When a truck driver is driving under personal conveyance, the issues of liability and authorization are important.
The company is ultimately responsible for determining the PC and for authorizing a vehicle for PC use. Generally, the company must determine insurance policy coverage issues and give drivers detailed instructions so that they understand how they are allowed to use the truck for personal conveyance.
Under the law, the time drivers spend using their PCs counts toward their break time. Drivers must have a 10-hour break or a 34-hour restart to obtain restorative rest. If PC time significantly reduces this rest time, the driver may actually be driving while fatigued.
Importantly, the law allows drivers to drive during their rest time but prohibits PC driving while fatigued or when sick. This leaves the PC time to interpret should an accident occur.
State regulations regarding semi-trucks used for personal use vary widely. Here are some key regulations and penalties to be aware of:
Licensing Requirements: Some states require a non-commercial Class A or B license to drive a semi-truck for personal use, while others may require a CDL. You must check with your state’s Department of Motor Vehicles (DMV) to understand the specific licensing requirements.
Weight Limits: States have different weight limits for semi-trucks, and exceeding these limits can result in fines and penalties. Ensure that your vehicle complies with the weight restrictions to avoid any legal issues.
Air Brake Requirements: Some states require an air brake endorsement on your CDL to operate a semi-truck with air brakes. This endorsement confirms that you can safely handle the air brake system.
Insurance Requirements: You may need to obtain special insurance coverage for your sem
CDL drivers must log their driving time electronically under the Electronic Logging Device mandate. The ELD logs the status of drivers and provides documentation of the hours of service that each driver records. Carriers are not required to provide a special category for drivers to record personal use time, although some do.
The law regarding the use of trucks for personal conveyance is extremely complicated. If you were injured in an accident with a big rig, it is important to seek guidance from an experienced truck accident attorney. The truck driver’s and company’s records must be obtained to determine whether the driver was operating the vehicle safely and under the law.
Contact our Houston truck accident law firm to discuss the details of your case today. Call (281) 893-0760!
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See: https://www.fmcsa.dot.gov/regulations/hours-service/personal-conveyance
