The Commercial Vehicle Safety Alliance (CVSA) is preparing to formally petition the Federal Motor Carrier Safety Administration (FMCSA) to impose a cap on the amount of time commercial truck drivers can designate as personal conveyance. This move follows extensive inspection data that reveals widespread misuse of the rule, which is contributing to increased crash risks and safety concerns.
According to CVSA officials, inspectors have gathered data during more than 41,000 roadside inspections, uncovering that 38% of drivers were found to be misusing personal conveyance time. The alliance argues that this misuse is not only becoming more frequent but also significantly raising the likelihood of crashes and violations. Specifically, drivers misapplying the rule are reportedly four times more likely to be involved in a crash and are subject to higher out-of-service rates.
What is Personal Conveyance?
Under current FMCSA guidelines, personal conveyance refers to the time a driver operates a commercial motor vehicle (CMV) for personal reasons while off duty. Examples include driving to find food, lodging, or entertainment; commuting home from a terminal; or moving the vehicle at law enforcement’s direction.
However, the rule is often exploited by drivers to effectively extend their driving hours, which violates the intent of hours-of-service (HOS) regulations designed to reduce fatigue-related accidents. Misuses include driving further to deliver cargo, relocating to improve operational positioning, or traveling home in an owner-operator context all of which serve business purposes rather than personal ones.
CVSA’s Petition: Proposed Changes
CVSA is now advocating for a firm two-hour limit on daily personal conveyance use. According to Adrienne Gildea, CVSA’s deputy executive director, this limit would reduce the incentive to use the provision as a loophole for extending legal driving time. “We believe the FMCSA needs to draw clearer lines about what qualifies as personal conveyance,” Gildea said. “Setting a time limit is a step toward preventing abuse and improving enforcement.”
The petition will also include several other key proposals:
- Restricting Off-Duty Classification: Time spent under personal conveyance should no longer be classified as off-duty, to prevent drivers from using it to reset rest periods.
- Ending “Safe Haven” Justification: FMCSA would be asked to clarify that personal conveyance cannot be used after reaching HOS limits, even when parking unavailable.
- Clarification of Terms: CVSA seeks definitions and guidance for terms like “yard moves,” “enhancing operational readiness,” and distinctions between personal use and personal conveyance.
- Owner-Operator Restrictions: A formal rule would state that returning to or leaving home under personal conveyance is not permissible if it serves a business purpose.
Industry Implications and Enforcement Challenges
CVSA officials, including roadside inspection specialist Jeremy Disbrow, say the current ambiguity around personal conveyance rules makes it difficult to enforce and leaves too much room for interpretation. “When nearly 40% of drivers are using this improperly, it signals either confusion or deliberate misuse,” Disbrow said.
Drivers may believe that using personal conveyance allows for more flexibility, but regulators and safety advocates warn that this loophole contributes to fatigue, regulatory violations, and increased crash risks. Misuse undermines the purpose of HOS laws, which are in place to ensure drivers have adequate rest and do not operate vehicles under fatigue-related impairment.
Previous Attempts and Renewed Urgency
This will be the third attempt in four years by CVSA to push for changes. Earlier efforts failed to gain traction, but the alliance believes the new data collected through targeted roadside inspections strengthens its case.
CVSA emphasizes that this petition is not about limiting legitimate driver needs, such as running personal errands, picking up prescriptions, or driving to a hotel but rather about stopping the exploitation of vague regulatory language to prolong driving time.
Fatigue remains a leading factor in commercial vehicle crashes. The FMCSA’s Large Truck Crash Causation Study and other data have consistently linked long hours, lack of rest, and improper log use to serious and sometimes fatal incidents. By closing loopholes like the misuse of personal conveyance, regulators aim to improve compliance and reduce these risks.
The alliance is hopeful that, with sufficient data and growing awareness of misuse trends, FMCSA will be compelled to revise the existing guidance and implement stronger, more enforceable limitations.
