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NOTE: This guidance was rescinded as unnecessary on March 10, 2022, because the information contained therein was readily available in 49 CFR Part 395, Subpart B.
FMCSA-ELD-395-Q02
Frequently Asked Questions --...
NOTE: This guidance was rescinded as unnecessary on March 10, 2022, because the information contained therein was readily available in 49 CFR Part 395, Subpart B.
FMCSA-ELD-395-Q01
Frequently Asked Questions --...
Hours of Service Agricultural Commodities
§395.1 Scope of the rules in this part.
Guidance Q&AQuestion 31: Does fuel used in the production of agricultural commodities qualify as “farm supplies” under 49 CFR 395.1(k)?
Guidance: Fuel qualifies as a...
Question 12: When can a movement of a CMV during an off-duty period be considered personal conveyance?
Answer: A move may be considered as personal conveyance if the driver is off-duty and the movement is not for the motor carrier, shipper or receiver’s commercial...
Question 10: Can personal conveyance time be combined with other off-duty time to complete a 10 or 34-hour break? Guidance: Yes, since PC is off-duty time. However, it is important to note that the provision in §392.3 of the FMCSRs, prohibiting the operation of a commercial motor...
Question 9: Can a loaded vehicle be used as personal conveyance? Guidance: Yes. Determining personal conveyance is based on the nature of the movement, not whether the vehicle is laden.
Question 8: If a driver picks up the commercial motor vehicle from a repair facility once repairs are complete, would the driver be allowed to use personal conveyance to their residence from the repair shop? Guidance: No, travel for repair and maintenance work is being done in the...
Question 6: May a driver use personal conveyance when they run out of available (driving/on-duty) hours? Guidance: No, except for the one exception described in Guidance Question 26 to 49 CFR 395.8 where a driver who runs out of hours while at a shipper’s or receiver’s facility may...
Question 5: How is personal conveyance time calculated in the hours-of-service rules? Guidance: Time spent under personal conveyance is off-duty time.
Question 4: Can a driver who claims the short haul exception use personal conveyance? Guidance: Yes, there is no connection between personal conveyance and the short-haul exception. As always, off-duty time does not extend the 12-hour duty time limitation.