the vicinity of such lodgings, is considered authorized personal use and entered as off-duty time, as well. Keep in mind, though, if the driver uses a motor carrier’s CMV for transportation home, and is then dispatched from home, this should be entered as on-duty from the time the driver leaves home.An ELD does not change the duty status following a period of personal conveyance. The driver should change the duty status to off-duty before powering off or later annotate the record to explain the off-duty status at the end of the driving time. The FMCSA does not set a threshold for distance or time, but officials can and will use the data from the ELD to determine whether the special category was properly used by the driver.
Call to Action
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Establish a written policy on the personal use of company vehicles.
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Conduct training for drivers, dispatchers, and driver managers on how to properly log authorized personal use of company CMVs.
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Audit logs to ensure compliance with FMCSR, found in 49 C.F.R. § 395 Part 395 — Hours-of-Service of Commercial Motor Vehicle Drivers; Regulatory Guidance Concerning Off-Duty Time.
This material is intended to be a broad overview of the subject matter and is provided for informational purposes only. Joe Morten & Son, Inc. does not provide legal advice to its insureds or other parties, nor does it advise insureds or other parties on employment-related issues, therefore the subject matter is not intended to serve as legal or employment advice for any issue(s) that may arise in the operations of its insureds or other parties. Legal advice should always be sought from legal counsel. Joe Morten & Son, Inc. shall have neither liability nor responsibility to any person or entity with respect to any loss, action, or inaction alleged to be caused directly or indirectly as a result of the information contained herein. Reprinted with permission from Great West Casualty Company.