February 27, 2025
Key Takeaways
The FMCSA's personal conveyance regulations can be tricky for fleets and drivers to navigate. In this guide, you'll learn how your fleet can successfully navigate personal conveyance rules to ensure compliance and avoid penalties.
Personal conveyance, the use of a commercial motor vehicle (CMV) for personal use while off duty, has become a source of confusion for fleet managers and truck drivers alike ever since the implementation of the electronic logging device (ELD) mandate and Hours of Service (HOS) rules by the Federal Motor Carrier Safety Administration (FMCSA).
These regulations are a considerable change from previous industry practices. Before the ELD mandate, when hours were tracked manually and often on paper, it was difficult for fleets to report on HOS and hard for the Department of Transportation (DOT) to enforce regulations. With the implementation of ELDs, however, all trailer moves are now required to be electronically recorded. This requirement has become a point of frustration for fleets and drivers trying to understand what types of moves are and aren’t considered personal conveyance and how they should be tracked.
Read on to understand what personal conveyance is, who must comply, and how to best utilize your ELD solution to ensure proper tracking to avoid violations.
Personal conveyance refers to the off-duty use of a commercial motor vehicle (CMV) for personal purposes. Under FMCSA regulations, this means a driver can operate a CMV without it being considered on-duty time, as long as the movement of a CMV does not benefit the motor carrier.
The FMCSA encourages drivers not to overthink personal conveyance. To help drivers navigate this regulation, the FMCSA has provided two helpful questions drivers can use to evaluate whether or not their situation is personal conveyance:
What is the purpose of moving the CMV? If the move is for personal reasons, rather than for the benefit of the motor carrier, then it falls under the scope of personal conveyance.
Is the driver free to pursue activities of their own choosing while behind the wheel? If so, then it is personal conveyance.
To further clarify this, the FMCSA provides examples of appropriate uses during drivers’ off-duty time that count as personal conveyance:
Travel from lodging to a restaurant or entertainment facility: Driving from a motel, truck stop, or other temporary lodging to a restaurant or recreational activity is personal conveyance.
Commuting between home and work: Travel between a driver’s home and their home terminal, trailer-drop lot, or worksite qualifies—provided the distance allows sufficient rest before returning to duty.
Driving to a safe rest location after loading/unloading: Finding a safe location for rest is permitted, but the location must be the nearest reasonably available option, even if it results in a longer drive when back on duty.
Repositioning a CMV when off duty: If a safety official requests the driver to move a vehicle while off duty, it counts as personal conveyance.
Transporting personal property while off duty: Using a CMV for non-business purposes, such as picking up car parts for a personal project, qualifies.
Traveling home after working at an off-site location: Common in construction and utility work, commuting between home and a temporary job site base camp is considered personal conveyance.
The FMCSA clarifies that personal conveyance does not include movements that benefit the motor carrier. Below are specific examples that do not qualify:
Moves to improve operational readiness: Any movement intended to reduce the next day’s driving time, such as bypassing rest locations to park closer to a loading site, is not personal conveyance. This benefits the carrier by cutting labor costs.
Returning to pick up another towed unit: Once a towed unit is delivered, the towing vehicle is no longer a CMV. However, if the driver is instructed to retrieve another unit, it remains a business-related move.
Bobtailing or moving an empty trailer: Driving without a trailer or with an empty one to reposition or pick up a new load is a business operation, not personal conveyance.
Driving a passenger-carrying CMV with passengers aboard: A driver is considered on duty when transporting passengers. If only off-duty drivers are aboard, and they are traveling to a common destination of their choosing, it may count as personal conveyance.
Transporting a CMV for maintenance: Driving to a repair facility for servicing benefits the carrier and is therefore not personal conveyance. Even if the vehicle was previously driven home under personal conveyance, a trip for maintenance remains a business-related move.
Driving after being placed out of service: If a driver reaches the 14-hour HOS limit, traveling to a rest location is not personal conveyance—unless directed by a DOT or police officer.
Travel between two work locations: A trip from a shipper or receiver to a motor carrier’s terminal does not qualify.
Motorcoach operation for luggage transport: Even without passengers, operating a bus to deliver luggage is a business-related move and does not count as personal conveyance.
To ensure compliance and minimize risk, motor carriers should establish clear personal conveyance policies that align with HOS regulations and company standards. Some areas to consider include:
Policy and training: Define personal conveyance rules and provide drivers with training and real-world examples to clarify what qualifies.
Company discretion: Carriers can choose whether or not to allow personal conveyance and set internal limits, such as mileage caps (e.g., 40–50 miles) or restrictions on travel times.
Risk management: Work with insurance providers to assess liability risks, particularly regarding fatigued driving—the leading cause of accidents.
Safe parking: Emphasize that personal conveyance is for finding legal parking, not advancing a load or job.
Owner-operator coverage: Require owner-operators to carry bobtail liability insurance or provide a non-trucking use policy to cover personal CMV use.
Cross-border fleets must understand that Canada’s personal conveyance rules differ from those in the U.S., affecting whether driving time is classified as "On Duty" or "Off Duty." While both countries require that CMV movement be strictly personal and not benefit the carrier, Canada imposes additional restrictions:
The vehicle must be unloaded with any trailer unhitched.
Personal conveyance is limited to 75 km (47 miles) per day, with odometer readings recorded at the start and end of personal use.
Canadian enforcement officers will check a cross-border driver’s duty statuses and HOS logs to evaluate whether they meet Canada’s requirements for personal conveyance. If their logs or status doesn’t meet their requirements, then the time would count toward on-duty hours. U.S. drivers using ELDs may need to manually calculate their hours to ensure compliance with Canadian personal conveyance limitations.
Samsara’s ELD solution makes managing Hours of Service (HOS) and personal conveyance simple and accurate. Key benefits include:
Automated HOS tracking: Easily track duty statuses and identify unassigned hours with Samsara’s Compliance Dashboard to stay audit-ready and avoid violations.
Seamless driver experience: The Samsara Driver App enables quick duty status updates, pre- and post-trip inspections, and HOS log certification.
Smart automation: Samsara’s system uses GPS and engine data to automatically log drive time and set statuses based on vehicle movement.
Cross-border compliance: Automated HOS adjustments for Canada, with a border-check feature to preview hours under different rule sets before crossing.
With Samsara, fleet managers can take a proactive approach to compliance, reducing administrative workload and minimizing the risk of violations. Learn more by exploring Samsara’s ELD solution and speak with our team today.