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Hours of service

Personal conveyance: the rules for truck drivers and fleets

By the Off Duty Not Driving Rewards teamOctober 20268 min read

In this article:
  1. Where the personal conveyance rule comes from
  2. The core test: relieved from work, moving for yourself
  3. The 7 uses FMCSA lists as allowed
  4. The 8 uses that don't qualify
  5. A four-question test before you select personal conveyance
  6. How to record personal conveyance on an ELD
  7. Who is liable in a personal conveyance crash?
  8. What a fleet personal conveyance policy should settle
  9. Related questions
  10. About Off Duty Not Driving Rewards

Personal conveyance is driving a commercial motor vehicle (CMV) for personal reasons while off duty. Under FMCSA's 2018 guidance, a driver may log that time as off duty "only when the driver is relieved from work and all responsibility for performing work by the motor carrier." The truck can be loaded. The carrier can limit or ban it. The test is why you're moving, not how far.

That's the short answer, as of October 2026. Below: the source and its status, the 7 uses FMCSA lists as allowed, the 8 it says don't qualify, a four-question test, and how to record it on an electronic logging device (ELD).

Off Duty Not Driving Rewards is a rewards program for trucking fleets. Contact our team to learn more.

Where the personal conveyance rule comes from

Personal conveyance is not in the regulation text. It is FMCSA regulatory guidance on 49 CFR 395.8, the records-of-duty-status rule. The current version was published at 83 FR 26377 on June 7, 2018. It replaced 395.8 Guidance Question 26, first issued in a 1996 memo and published in 1997.

Three points on status:

  • It's guidance, not a rule. Guidance explains how FMCSA applies a regulation. It does not add new legal requirements.
  • The regulation it rests on is 395.8. Drivers must record one of four duty statuses: off duty, sleeper berth, driving, and on-duty not driving (49 CFR 395.8). Personal conveyance is a way to account for moving a CMV while in the first of those.
  • Its stated expiry has passed, but FMCSA still cites it. The 2018 notice says the guidance "expires June 7, 2023," after which FMCSA would consider withdrawing, reissuing or codifying it. A Federal Register search on October 13, 2026 found no later notice doing any of those. In a June 24, 2026 Federal Register notice, FMCSA still pointed drivers to "the Agency's personal conveyance regulatory guidance" at 83 FR 26377 (91 FR 38075). Check FMCSA's guidance portal for the current listing before you rely on it.

The core test: relieved from work, moving for yourself

The guidance has one controlling sentence and three clarifications.

The controlling sentence. Time driving a CMV can be logged off duty "only when the driver is relieved from work and all responsibility for performing work by the motor carrier" (83 FR 26380). That matches the regulation's definition of on-duty time, which runs until the driver "is relieved from work and all responsibility for performing work" (49 CFR 395.2).

Clarification 1: a loaded truck is fine. The 1997 guidance banned personal conveyance in a laden vehicle. The 2018 version drops that: the CMV "may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time."

Clarification 2: safety duties don't stop. "Personal conveyance does not reduce a driver's or motor carrier's responsibility to operate a CMV safely."

Clarification 3: the carrier decides whether to allow it. Carriers may ban personal conveyance, set a distance limit, or prohibit it while laden. A fleet policy can be stricter than the guidance, never looser.

FMCSA also confirmed that personal conveyance is off-duty time. It does not count against the 11- or 14-hour limits for truck drivers, the 10- or 15-hour limits for bus drivers, the 60/70-hour limits, or the 34-hour restart (83 FR 26379).

The 7 uses FMCSA lists as allowed

Each line below paraphrases the guidance list in 83 FR 26380. FMCSA says the list is "not limited to" these.

#Allowed useThe condition attached
1Driving from en route lodging (motel, truck stop) to restaurants or entertainmentDriver is off duty
2Commuting between home and the terminal, a trailer-drop lot or a work siteThe commute plus release and start times must still leave time for restorative rest
3Driving to a nearby, reasonable, safe place to rest after loading or unloadingMust leave time for the full off-duty period (10 hours for property, 8 for passenger) and be the first such place reasonably available
4Moving the CMV at a safety official's request during off-duty timeMove only to the nearest reasonable, safe area; the rest period does not restart
5Driving a motorcoach with no passengers to lodging, restaurants or entertainment and backDriver is off duty; other off-duty drivers may ride along
6Transporting personal property while off dutyDriver is off duty
7Authorized use of a CMV to travel home after working at an offsite locationCarrier authorizes it

Use 3 settles a common argument. A driver who runs out of hours at a shipper or receiver can use personal conveyance to reach the nearest safe place to rest, "regardless of whether the driver exhausted his or her HOS," as long as the move is "solely to enable the driver to obtain the required rest at a safe location" (83 FR 26379). FMCSA recommends annotating the log if the nearest spot is full and you must go further.

The 8 uses that don't qualify

These are also paraphrased from 83 FR 26380.

#Not personal conveyanceWhy
1Bypassing available rest spots to get closer to the next pickup, delivery or carrier destinationIt is meant "to enhance the operational readiness of a motor carrier"
2Returning to the origin to pick up another towed unit, at the carrier's direction, after the towing unit no longer meets the CMV definitionBusiness purpose
3Continuing an interstate trip for a business purpose, including bobtailing or pulling an empty trailer to get another load, or repositioning at the carrier's directionBusiness purpose
4Driving a passenger-carrying CMV with passengers aboardOff-duty drivers riding to a common destination of their own choice are not counted as passengers
5Taking a CMV to a facility for maintenanceBusiness purpose
6Driving to rest after being placed out of service for exceeding Part 395 limitsUnless an enforcement officer at the scene directs it
7Driving to a carrier terminal after loading or unloadingBusiness purpose
8Operating a motorcoach to deliver luggage after passengers have left, when directed toThe driver is on duty

FMCSA's explanation of "operational readiness" is the key to the grey cases. A move that "provides a commercial benefit to the motor carrier," such as putting the load closer to its destination, is generally not personal conveyance. Neither is a stop at home that happens to be on the way to the next pickup (83 FR 26379).

A four-question test before you select personal conveyance

This checklist is built only from the guidance text above. If any answer is "no", log the move as driving.

  1. Has the carrier relieved me of all work and responsibility? If you're under dispatch or waiting on instructions, the answer is no.
  2. Does my carrier allow personal conveyance, and am I inside its limits? Distance caps and laden bans in the fleet policy apply.
  3. Is the purpose personal, with no commercial benefit to the carrier? Bypassing available rest spots to get closer to the next load fails this test.
  4. Will I still get my full required rest? For the commute and post-load scenarios, the guidance ties personal conveyance to getting adequate rest before driving on duty again.

How to record personal conveyance on an ELD

The ELD rule makes personal conveyance a "special driving category." Under 49 CFR 395.28, as of October 2026:

  • The carrier turns it on. A motor carrier "may configure an ELD to authorize a driver" to use the authorized personal use and yard move categories. If the carrier hasn't enabled it, the option isn't there.
  • The driver selects it before moving and deselects it when the personal use ends.
  • The driver annotates the record when the ELD prompts, describing the activity.

The 2018 guidance applies whatever the logging method: paper, automatic on-board recorder or ELD (83 FR 26378). Because ELDs record the movement and location of a CMV in this status, personal conveyance time is visible to the carrier and to enforcement.

Who is liable in a personal conveyance crash?

FMCSA says it can't answer that. Liability "is outside of its authority" and depends on the contract between the carrier or owner and the liability insurer, plus state tort law (83 FR 26379). That's a reason for a fleet to put its personal conveyance policy in writing and to check it with its insurer and counsel.

What a fleet personal conveyance policy should settle

The guidance names three limits a carrier can set: a full ban, a distance limit, and a ban while laden. A written policy should also settle these points, each tied to the guidance:

  • Who approves it. The guidance only applies to drivers "permitted by their carrier to use the vehicle for personal use."
  • Whether the ELD category is enabled, and for which drivers (395.28).
  • What drivers annotate: the reason, and why they passed a nearer safe spot if they did.
  • Who audits it, and how often. ELD data makes personal conveyance moves reviewable.
  • That a dispatcher can't ask for it. A move requested to position for the next load is on-duty driving. Under 49 CFR 390.6, a carrier, shipper, receiver or intermediary may not coerce a driver to operate in violation of the hours-of-service rules.

Does personal conveyance reset my 10-hour break? A move at an officer's request during the break does not restart the rest period (83 FR 26379). Personal conveyance is off-duty time, so it adds no on-duty hours. For commuting and post-load moves, the guidance says the drive must still leave time for the required rest.

Do I have to go back to where I went off duty? No. FMCSA says a driver "is not required to return to the previous on-duty location" (83 FR 26379).

Is there a mileage limit? Not in the federal guidance. Commenters asked for mileage or time limits, and FMCSA said those were outside the scope of the guidance (83 FR 26378). Your carrier can set one.

How does personal conveyance fit with the other statuses? See our guides to hours of service rules, off duty vs sleeper berth and the off duty not driving phrase, which is a brand name and not an FMCSA duty status.

About Off Duty Not Driving Rewards

Off Duty Not Driving Rewards takes its name from the logbook statuses, but it is not an FMCSA term or status. It is a rewards program for trucking fleets. Contact our team to learn more.

This article is general information, not legal advice. Confirm requirements against the current regulation text and with your compliance counsel.