Why would you go OOS? The truck has to be sitting for the 34 hour restart.
I may well be in violation but I follow what I think is the spirit of the law and I can't imagine anyone making a stink out of it.
If loaded and taking a restart: I wander around for food or errands as I please but I make a point of not getting any closer to my delivery.
If empty and taking a restart: ditto for wandering around as I please but I make a point of not improving my situation eg getting closer to a big city or even just a highway.
I honestly think that follows the spirit of the law.
If you are caught you will likely be cited. They are not interested in the "spirit" of the law, they are interested in enforcing it as it states. Loaded trucks cannot be used for PC. With CSA points it is important to stay as legal as possible, to the letter.
Personal Use of a Commercial Motor Vehicle
It is possible that occasionally you may not use a truck in commerce at all. You may be moving your
personal belongings to a new house or, as a hobby, you may be taking your horses to a horse show.
As long as the activity is not in support of a business, the Federal hours-of-service regulations do
not apply to you.
If you are not operating your truck in commerce, you are not subject to the hours-of-service
regulations.
What Is Off-Duty Time?
By understanding the definition of on-duty time, you will get a
good idea of what is considered off-duty time. In order for time
to be considered off-duty, you must be relieved of all duty and
responsibility for performing work. You must be free to pursue
activities of your own choosing and be able to leave the place
where your vehicle is parked.
If you are not doing any work (paid or unpaid) for a motor carrier,
and you are not doing any paid work for anyone else, you may
record the time as off-duty time.
Ok, I went guidance hunting and found ambiguity.
And
If you consider a load in the back of your truck as "responsibility for performing work" then there's no such thing as going off-duty whenever you're carrying freight so I don't think that points to a restriction. I think my way is perfectly acceptable. I certainly thing it's defenseable in a courtroom.
Performing any other work in the capacity, employ, or service of, a motor carrier
DOT cops exist to make a stink out of it. That's what they do for a living. Everything is black and white, there is no gray area. Rules where different interpretations can be made, such as invoking the "spirit of the law," those interpretations never favor the driver.I may well be in violation but I follow what I think is the spirit of the law and I can't imagine anyone making a stink out of it.
DOT cops exist to make a stink out of it. That's what they do for a living. Everything is black and white, there is no gray area. Rules where different interpretations can be made, such as invoking the "spirit of the law," those interpretations never favor the driver.
Interpretation for 395.8: - Federal Motor Carrier Safety Administration
If you go to that link you will see Question 26 where it talks about how to handle personal conveyance. In that paragraph you will find a sentence that allows no wiggle room whatsoever. It does not allow for any arbitrarily self-imposed restrictions such as 'not moving closer to the delivery' in order to rationalize violating the Record of Duty Status requirements (49 CFR §395.15). The sentence reads:
"A driver may not operate a laden CMV as a personal conveyance."
There is only one way to interpret that.
Thanks for posting that! I would never in a million years do such a thing and I appreciate the guidance on the issue.
But that brings up a situation that puts many drivers (not me of course ) in violation. By definition, when a driver exits a highway with a laden vehicle in search of fastfood he's adding personal conveyance miles to his trip.
I would say..that would be a paid lunch.... or use that 30 minute break....
But that brings up a situation that puts many drivers (not me of course ) in violation. By definition, when a driver exits a highway with a laden vehicle in search of fastfood he's adding personal conveyance miles to his trip.
I don't know of many straight drivers especially teams that go fast food hunting while under load....even worse for solo's....time is really your enemy...
But that brings up a situation that puts many drivers (not me of course ) in violation. By definition, when a driver exits a highway with a laden vehicle in search of fast food he's adding personal conveyance miles to his trip