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quincy

Senior Member
I try not to bog down the story with details.
Yes. I saw how you restrained yourself from saying too much in your first two posts. :)

You have started two threads about two different trucking issues (this one, and the other about an accident involving an uninsured driver for your company). I am afraid I got them confused.

In this thread, you said you did not dissolve your company as a carrier until after you returned to Texas. When you were stopped, you were transporting a vehicle belonging to your company (I.e., acting as a carrier).
 


RomTon

Member
Yes. I saw how you restrained yourself from saying too much in your first two posts. :)

You have started two threads about two different trucking issues (this one, and the other about an accident involving an uninsured driver for your company). I am afraid I got them confused.

In this thread, you said you did not dissolve your company as a carrier until after you returned to Texas. When you were stopped, you were transporting a vehicle belonging to your company (I.e., acting as a carrier).
If I rent a car and thereby become a carrier, then I am entitled to at least a discount in the form of a personal convenient.
 

RomTon

Member
Not really.
FMCSA in the section List of Proper Use of Personal Conveyance 6. Time spent transporting personal property while off-duty. I think that my personal pickup truck and my personal trailer can be considered personal property. If this is so, then we can say further. The same website section Personal Conveyance: Frequently Asked Questions says 5. How is personal conveyance time calculated in the hours-of-service rules?
Time spent under personal conveyance is off-duty time.
7. Are there maximum distance time or distance limits for the use of personal conveyance?
No. However, it is important to note that the provision in §392.3 of the FMCSRs, prohibiting the operation of a commercial motor vehicle while fatigued, continues to apply. Therefore, a driver must get adequate rest before returning to driving.
If I understand correctly what I quoted from the FMCSA website, then I was traveling in personal conveyance. This in no way relieves me of the obligation to record the ELD, but it still does not oblige me to take into account driving time.
 

quincy

Senior Member
FMCSA in the section List of Proper Use of Personal Conveyance 6. Time spent transporting personal property while off-duty. I think that my personal pickup truck and my personal trailer can be considered personal property. If this is so, then we can say further. The same website section Personal Conveyance: Frequently Asked Questions says 5. How is personal conveyance time calculated in the hours-of-service rules?
Time spent under personal conveyance is off-duty time.
7. Are there maximum distance time or distance limits for the use of personal conveyance?
No. However, it is important to note that the provision in §392.3 of the FMCSRs, prohibiting the operation of a commercial motor vehicle while fatigued, continues to apply. Therefore, a driver must get adequate rest before returning to driving.
If I understand correctly what I quoted from the FMCSA website, then I was traveling in personal conveyance. This in no way relieves me of the obligation to record the ELD, but it still does not oblige me to take into account driving time.
You should speak with an attorney in your area for a complete and personal review, RomTon. While I sort of understand your arguments, I am not sure they will help you escape the fines. I tend to think they won’t.

Good luck.
 

LdiJ

Senior Member
You should speak with an attorney in your area for a complete and personal review, RomTon. While I sort of understand your arguments, I am not sure they will help you escape the fines. I tend to think they won’t.

Good luck.
I tend to agree with you Q.
 

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