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EROADS and FMCSA present webinar aimed to clarify logging for personal conveyance, ag exemption

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Rules are rules, but for every rule there are exceptions, and that’s when things can get murky.

That’s certainly been the case ever since the ELD mandate went in to effect. Dec. 18, 2017, was just another day for those who’d been using ELDs for years. But for other drivers and carriers who want to operate within the regulations but hadn’t necessarily always been worried about the fine details, it was the start of an age of anxiety, knowing that every little move and non-move was on the record.

The Federal Motor Carrier Safety Administration recently tried to provide clarity to two areas of most concern and confusion: personal conveyance and the agricultural exemption, by providing their official definitions and some regulatory counsel for each.

But there are so many “what if” questions around both categories, not to mention many drivers with questions not only how to follow the regulations but to show they’ve been followed on the official log.

In order to clear the air a little more on these issues, ELD manufacturer EROADS conducted a webinar July 24, cohosted by Joe DeLorenzo, FMCSA’s director of enforcement and compliance, and Soona Lee, EROAD’s director of regulatory compliance, explaining how and when these rules apply and how to record them.

DeLorenzo opened by acknowledging that determining when driving can be considered personal conveyance can seem tricky.

The way to simplify it is to ask yourself two questions, he said: First, is the driver released from duty and second, is the driving for personal purposes only? There are several hard and firm rules within FMCSA guidelines about what definitely is and isn’t allowed, DeLorenzo said. But if you keep those two guidelines in mind, it starts to get clearer whether the personal conveyance rule applies or not.

“I think it’s important to talk about personal conveyance for what it really is,” DeLorenzo said. “It’s an off-duty status. That’s where the whole consideration of whether something is personal conveyance starts.”

The original personal conveyance guidance was written in 1998. Since then, a lot of people have come up with creative and convenient interpretations of the rules that may be well-intentioned but not strictly accurate.

Take commuting, DeLorenzo said, “This one can get people a little tripped up.”

Commuting between home and a terminal or work sites using a CMV is considered personal conveyance, he said. “Where this one gets trickier is where the driver is under dispatch when they leave the house,” DeLorenzo said.

If a driver loads up before going home anticipating he’ll hit the road first thing in the morning, or if the driver gets up and heads straight to a pick-up, that changes things because the driver is then “under the direction of a carrier.”

Another common question is when a driver stops at a rest stop for the night then wants to go get something to eat. That drive to the restaurant is personal conveyance. But if along the way you stop somewhere to fill up the gas tank, that would be considered work-related, so the trip would no longer qualify as personal conveyance.

“It’s the intent of the driving that matters,” DeLorenzo said. It doesn’t matter whether you’re laden, or even if you’re bobtailing. Are you off duty and is the movement strictly for personal reasons?

DeLorenzo illustrated his point using another common scenario. Suppose it takes longer than planned to load up and you’re running out of hours to find a safe, legal place to park. That extra time beyond your 14 hours that it will take find a place for the night would fall under personal conveyance. The same would be true if you stop somewhere and a law enforcement officer tells you that you have to move on.

“There’s no reason why your 10 hours should get broken up over that,” DeLorenzo said. “This is where you put an annotation in, you put a note in that says what happened and why.”

It doesn’t matter if looking for a place to stop happens to bring you a little closer to your destination, DeLorenzo said. But if you stretch that search out, skipping past rest stops in order to get a little further down the road, then it’s a problem.

The key to personal conveyance is documentation, Lee said. ELDs include a “personal conveyance” duty-status option. The thing to remember is whenever that status is engaged off-duty personal conveyance time will be noted and an explanation for the mileage must be entered into the log.

Another option, Lee said, is to remain logged out during the personal conveyance and, again, have that written explanation to account for the miles driven.

Keep in mind, she added, that carriers can establish their own limits about personal conveyance that are tighter than the actual regulation, so drivers need to know what their carrier’s rules are.

DeLorenzo joined Lee in stressing that personal conveyance time is off-duty time, but drivers must stick to the same safety standards they always drive by. And while there are no regulations about how much time a driver can spend on personal conveyance, it is important to use enough of those 10 hours of down time to get adequate rest.

The agricultural exemption makes the time a driver spends within a 150-air-mile radius of the source of an agricultural commodity exempt from counting toward Hours of Service.

Much of the uncertainty about this exemption has to do with definitions, DeLorenzo said. “A lot of people get confused over the term ‘agricultural commodity.”’

An agricultural commodity is any “nonprocessed food, feed, fiber or livestock,” DeLorenzo said. “Nonprocessed,” he added, means it can be packaged, but it has to still be in its original form.

“As long as it’s still a head of lettuce, it’s fine. If it’s in a bag of mixed greens, well, it’s not an agricultural commodity anymore.”

Another word that hangs up a lot of people is “source,” DeLorenzo said. The source can be an original source, like a farm or ranch, or an intermediate facility, such as a grain elevator or sale barn.

How the exemption works, DeLorenzo explained, is to put a circle with a radius of 150 miles around the source.  “If you’re operating within 150 air miles of the source, then the Hours of Service regulations do not apply.”

The clock stops the moment you enter the circle on your way to the source. Loading up, traveling to other stops to load or unload, then heading off to the drop-off location, none of that goes toward HOS.

The clock starts as soon as you leave the circle. If that destination is 300 miles away, you could cover half of that before the clock starts toward HOS, DeLorenzo explained.

DeLorenzo clarified a few points. If loading occurs at more than one site, the ag exemption radius for the entire job is based on the location of the first loading point. You can’t create a string of exempt zones.

If you drive out of the circle and the clock starts, then your route brings you back into the circle, then the clock stops again, DeLorenzo said. A trip could spend three hours inside the circle. Then you could drive outside the circle five hours, spend three at the destination, drive five hours on the return, reach the radius, then drive two hours more to get home.

That trip took 18 hours, but the first three hours and last two hours were within the 150-mile radius. Outside the radius, there were 10 hours driving, 13 hours total counting toward HOS, so it’s all good.

Obviously, it’s important to log the ag exemption properly, Lee said, and there are three options.

The first is to simply not log in until you reach the 150-mile radius. All the driving that had been done would show as “unidentified driving.” You then reject those unidentified miles and annotate that time was ag exempt, then begin normal recording.

Option two is to log in at the beginning then annotate the exempt and nonexempt time later, Lee said. “You could also use the personal conveyance option to separate that time you’re ag exempt. That’s kind of a tidy little option, just because it puts everything in the off-duty line.”

Lee and DeLorenzo noted that the key thing they wanted to get across is that a driver’s log doesn’t begin and end with the ELD.

“Everybody thinks there’s this magic thing that says, ‘hi, you’re in violation’ and spits out a ticket,” DeLorenzo said. “But what the law enforcement officer gets is your full ELD record including the annotations.

“The ELD device is not ultimately making the decision whether you’re compliant or not. That’s the law enforcement officer’s job, and they’re going to review those annotations.”

To watch the webinar in its entirety, click here.

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2 Comments

2 Comments

  1. Richard Carroll

    August 17, 2018 at 7:03 am

    Thank you for this information. I have forwarded it to some friends and they say thank you also. Everything was clear and simple to understand.

  2. Thomas A Goodman

    August 17, 2018 at 11:39 am

    great job made the water quite clear removed the mud I just hope the DOT reads this it is definitely a topic that comes up especially now that harvest is coming up

    Thank You
    Thomas A Goodman
    Triple B Trucking US DOT #2510996

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The Nation

Rhode Island DOT looks to hike trucks-only tolls amid court battle; public input sought

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Rhode island dot wanting to hike rates on trucks-only toll system while court battle continues; public comment sought
A truck passes through one of Rhode Island's six operating toll gantries. (courtesy: Providence Journal)

PROVIDENCE, R.I. — As the Connecticut legislature prepares to vote this week on Gov. Ned Lamont’s controversial and long-debated “trucks only” toll proposal, a similar system in Rhode Island continues to operate while legal action to overturn the tolls is underway.

The original Rhode Island Department of Transportation (RIDOT) proposal to charge tolls on trucks only included 14 locations, all bridges RIDOT deemed as structurally deficient. Tolls collected at each bridge would be used to repair and upgrade the specific location.

RIDOT is accepting public comment through March 1 on a plan to increase the toll on a newly installed gantry at the Oxford Street Bridge in Providence, a bridge crossing Interstate 95. The original toll for the bridge was set at $2.25 per trip; however, RIDOT is studying the cost-benefit ratio of doubling the rate to $4.50. RIDOT representatives requesting comment on the proposed increase claim the increase is really no increase at all; it is simply an effort to maintain the revenue forecast from the 14 gantries included in the original tolling proposal.

Currently, Rhode Island has constructed toll gantries at six of the originally planned locations; however, as the program has moved forward, two locations have been temporarily or permanently delayed. Rather than adjusting anticipated total revenue based on 12 locations, Gov. Gina Raimondo has instead directed RIDOT officials to study and request rate hikes at specific bridges. The toll hikes will allow Rhode Island to collect the same $45 million forecast from the 14 original gantries. This new twist on a toll program already challenged as unconstitutional by the American Trucking Associations, and one which an appellate court has ruled Rhode Island must face in a lawsuit, is leading the trucking industry and toll opposition to question RIDOT’s language in press releases and discussions on the issue.

Chris Maxwell, president of the Rhode Island Trucking Association, said, “This should serve to reinforce concerns over the unbridled power and discretion given to RIDOT and further feeds the suspicion and skepticism of Rhode Island’s business owners about the end game of this scheme.”

Maxwell’s comments come on the heels of an already approved increased toll rate at another location in Providence. The Route 6 bridge over the Woonasquatucket River was increased from $2.00 to $5.00 last fall.

Maxwell also expressed concern about changing the still new tolls program when original approval was based on environmental impact studies. “From a legal standpoint,” he said, “these ‘on the fly’ changes would seem to undermine and violate the purpose and extent of the environmental impact assessments.”
Other opponents to the Oxford Street bridge toll increase note that the bridge does not fall into the criteria RIDOT deemed as structurally deficient, meaning revenue from the toll would be used at other locations, a provision not included in the tolling plan.

From RIDOT’s perspective, not only is the proposed toll rate increase not really an increase, it is also going to save the state money. RIDOT Director Peter Alviti said that the infrastructure costs of eliminating two planned toll locations will result in lower implementation costs.

“Our thinking is we’ll forgo building [a gantry] at the viaduct in Providence, or at least while the viaduct is being built,” Alviti said on WPRO radio. “We’ll assign the toll amount we were going to collect there to the next nearest location, which is Oxford Street.”

Chris Maxwell believes he has a full understanding of RIDOT’s intent. “[They] deliberately chose the most densely traveled tool location in the who scheme to further their insatiable appetite to soak businesses, consumers, and taxpayers,” he said in an interview with Transport Topics.

RIDOT is justifying its proposed action based on the original toll proposal’s expectation of generating $45 million in revenue. In any event, Peter Alviti says, truckers traveling I-95 through Rhode Island will still be paying $20.00 per trip.

When is an increase not an increase? It depends on what your definition of increase is. For those wanting to comment, emails can be sent to Dot.BridgeRepairTolls@dot.ri.gov or comments can be submitted in writing to Jay McGinn, P.E., Project Manager II RIDOT, 2 Capitol Hill, Providence RI 02903. Following cutoff date for comments on March 1, the new rate will be implemented on March 5.

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The Nation

Pink power: RTI lease-purchase operator spreads breast-cancer awareness

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Brittney Richardson poses with a group at a breast cancer awareness walk
Brittney Richardson, center wearing pink, poses with a group in front of her pink Volvo at a Kansas City breast-cancer walk. (Courtesy: Brittney Richardson)

KANSAS CITY, Kan. — When now 36-year-old Brittney Richardson said she wanted to go to CDL school, a lot of her friends told her they didn’t think she had it in her. Now, 8 years later she is traveling the country in a bright pink Volvo as a lease-purchase driver for Riverside Transport Inc.

Even without immediate support from friends and family, Richardson is never one to back down from a challenge. She said that if anything, discouraging comments only empowered her.

“Almost everyone told me I’d fail,” Richardson said. “So in January 2012 I set off to truck school and six weeks later I graduated top of my class and found myself quickly in a semi going across country.”

What most who doubted her didn’t know was that Richardson had developed an interest in driving trucks when she gained some experience while working with fire departments in both southwest Kansas and central Missouri.

“I was hooked,” she said. “I loved the challenge of learning to drive a big truck and loved even more the shock when people saw it was a woman driving.”

But how did she wind up with a truck that can be spotted miles away? Short answer: she simply walked into the RTI office and came out with an opportunity to serve as a company ambassador. RTI was looking for someone to lease-purchase the bright pink 2019 Volvo and help to raise breast-cancer awareness while also inspiring women to join the industry. She sent in a video competing for the position, and she was selected.

Although the truck’s exterior design is a bit uncommon on the roads, the 2019 Volvo is still driven coast-to-coast as a work truck for RTI. Other than documenting her journey on her YouTube channel and serving as an ambassador, Richardson said she is a normal lease-purchase operator.

Driving the pink Volvo, however, does get Richardson plenty of attention, and she has encountered several fans who have drawn a personal connection to the truck’s message. Although there are more than she can count, she shared a few notable interactions with The Trucker.

“I had an older gentleman come up to my window in Ohio in tears,” Richardson said. “He shared a heart-felt story about losing his wife to cancer and thanked me so much for driving for awareness. I see people waving with enthusiasm in passing cars, people giving thumbs up and running up to get photos with the truck.”

Richardson has found that the truck also accomplishes the mission of showing young girls that women do in fact drive 18-wheelers as she travels across the country.

“One day I passed a school bus in northern Ohio and there was a row of girls on the right side of the bus as it passed me,” she said. “The girls got so excited about seeing a pink truck. This one girl who was maybe in the sixth grade smiled so big, whipped her head around to tell her friends to look at the pink truck. I am so blessed to have these moments on dash cam over the last year. I couldn’t help but wonder if that moment inspired another little girl to do something she didn’t think she could do one day.”

Chelsee Patton, Director of Recruiting at RTI said that Richardson is a great example of a company ambassador, and she and Toya Cosby, who drives a 2020 pink Freightliner, help to promote women in the industry and raise breast-cancer awareness in a unique way.

“Brittney is a great driver at RTI, and we are incredibly lucky to have her on our team and have her showcase her trucking journey in her pink truck,” Patton said.

Richardson said her main role as an ambassador is to inspire and support women (and men) in the trucking industry as well as represent RTI as a company that stands with women in the industry and give them all the support needed to succeed.

Although Richardson doesn’t have a personal connection to breast cancer, she does have an interest in inspiring others, which is evident through her Brittney Richardson YouTube channel. She also hosts American Trucker on YouTube, which is maintained separately and geared toward anyone in the trucking industry.

“One night I decided to bring the camera along and film my night at work in the truck,” Richardson said. “It was an instant hit and the amount of people who responded back that I had made there day was unreal. That’s when I really realized I could inspire a lot of people by simply sharing my life on film.”

Richardson also documents her journey in the pink Volvo on her Facebook page, Brittney in Pink.

Richardson said she gets feedback from both male and female drivers who tell her she is an inspiration to them. She sees photos of new trucks and driving certificates, which she said keeps her going and continues her passion to inspire others both inside and outside of the trucking industry.

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The Nation

Moving America forward: Joe Pryor is spreading kindness through trucking

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Joe Pryor of Pennsylvania
Joe Pryor, Pennsylvania (Courtesy: Trucking Moves America Forward)

To celebrate the modern-day achievements of African Americans in the trucking industry, Trucking Moves America Forward (TMAF) has selected four drivers who exemplify excellence in trucking. They were selected because of their professionalism and dedication to their jobs, commitment to safety and continuous efforts to move America forward every day.

The drivers are being featured on TMAF’s blog and social media pages throughout the month of February as well as on The Trucker.com. The stories highlight the drivers’ accomplishments and safety records and share the personal story of each driver. This is the third of four features in the series.

Moving America forward: Joe Pryor is spreading kindness through trucking

Joe Pryor has been a professional truck driver for 19 years. Originally from Pittsburg, also known as the “Steel City,” Pryor’s early career was as a fireman. As a firefighter, Pryor learned to drive trucks.

After retiring as a firefighter, Pryor joined the trucking industry and has been driving for Jet Express, Inc. since he moved to Dayton, Ohio in 2001.

Pryor is passionate about his job and enjoys working for Jet Express. During an interview with TMAF, Pryor said the trucking industry is an exciting one and one that has been good to him. Pryor describes his job as a truck driver as fun. When asked what he loves most about trucking, Pryor said one of the reasons is that you get to meet a lot of different people, such as customers, while driving a truck. Drivers also get to see different parts of a city or state.

While on the road, Pryor is safety oriented, and strives to be one of the most courteous drivers on the nation’s highways. Pryor told TMAF that patience is critical to the job. Pryor is always willing to lend a helping hand to those who need it and goes above and beyond to help other drivers in the industry. Pryor said, “If I can help someone, I’m going to.”

At Jet Express, Pryor works with new hires as a trainer and handles their road tests. When giving advice to new drivers, Pryor highlights the importance of patience and kindness while on the road and on the job. Pryor also tells drivers to prioritize safety: that includes always scanning the road, paying attention and remaining alert. During inclement weather, such as rain or snow, Pryor tells drivers to take their time and be careful. New hires know if they have any questions, they can always call him.

When describing the industry, Pryor said, “Trucking is what keeps this world going…truck drivers deliver everything you rely on.” Pryor also discussed the great job opportunities available within the industry. “There’s a lot of demand for drivers,” he added. “Freight keeps coming and coming.”

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