49 CFR § 395.36
ELDs — Driver edits to records to reflect personal use of CMV or yard moves
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What does 49 CFR § 395.36 require?
49 CFR 395.36 governs two special ELD categories that record CMV movement as something OTHER than driving time. Personal Conveyance (PC) covers off-duty personal use — commuting to/from the terminal, moving to a safe haven for rest, going to a medical exam. PC doesn't count against the 11/14-hour limits. Yard Move (YM) covers low-speed movement within a confined yard or terminal. YM counts as on-duty not driving — applies against the 14-hour duty window but not the 11-hour driving limit. Both categories require driver annotation explaining the use, and FMCSA guidance restricts each to specific operational contexts.
Regulation text (summary)
ELDs must support two special duty status categories that record vehicle movement as something other than 'driving time': (1) Personal Conveyance (PC) — use of a CMV for personal purposes when the driver is off-duty (commuting between home and the terminal, moving to a safe haven for required rest, traveling to/from required medical exam). PC time does not count against the 11-hour driving limit or 14-hour duty window. (2) Yard Move (YM) — operation of the CMV within a confined yard or terminal area at low speed. YM time counts as on-duty not driving (does NOT count against the 11-hour driving limit but DOES count against the 14-hour duty window).
Read full regulation at eCFR.govWho must comply with 49 CFR § 395.36?
Every driver using ELD personal conveyance or yard move categories, and the motor carriers who permit such use. Carrier policy typically restricts when each category can be used.
What happens if you violate 49 CFR § 395.36?
Civil monetary penalties: $1,100 to $16,550 per violation. Common citations: PC used for purposes outside FMCSA guidance (e.g., en route to a loading site — that's driving time, not PC), YM exceeding the speed or location parameters, no annotation explaining the PC or YM use. Misuse of PC to extend driving hours is treated as logbook falsification.
Penalty range
Annual citations
YoY penalty trend
How to comply (implementation checklist)
- 1Establish a written policy on when PC and YM are permitted in your operation.
- 2Train drivers on the FMCSA guidance: PC for off-duty personal use only, YM for confined-yard low-speed operations.
- 3Require driver annotation on every PC or YM event explaining the purpose.
- 4Audit PC + YM usage patterns monthly — frequent use by specific drivers may indicate misuse.
- 5Configure ELD speed thresholds and geofence rules for YM where supported.
- 6Document any disciplinary action for PC + YM misuse.
Common misinterpretations
- Misinterpretation: 'PC can be used during the workday to move between job sites.' Reality: PC is for OFF-DUTY personal use — commuting, safe-haven moves, medical exams. Moving between job sites or to a pickup is on-duty driving time, not PC.
- Misinterpretation: 'Yard move means anywhere in the yard.' Reality: Per FMCSA guidance, yard move is restricted to a confined private yard or terminal — typically at speeds under 10-20 mph. Open-road or public-road movement is driving time, not YM, regardless of distance.
- Misinterpretation: 'PC can be used after the 14-hour window expires.' Reality: PC must be in the context of off-duty time. Using PC immediately after exceeding the 14-hour window to extend operations is treated as falsification.
Real enforcement examples
Anonymized from public FMCSA enforcement summaries. Penalty amounts reflect assessed and final settled values where disclosed.
Carrier received $24,200 penalty in 2024 after audit found systematic PC misuse — drivers were using PC to drive to customer pickup sites, effectively extending their 11-hour driving limit. ELD records showed PC activations consistently at the end of shifts. CSA HOS Compliance BASIC worsened.
Source: FMCSA SafetyNet 2024 enforcement summary, anonymized
How FileFlo handles 49 CFR § 395.36
FileFlo's compliance rule-pack ELD-49CFR395.36 automatically checks every document you upload against this regulation. Auto-detects document type, parses key fields, sets renewal alerts, and surfaces this section in your audit binder if a gap is found.
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Frequently asked questions
What is Personal Conveyance (PC) under 49 CFR 395.36?▾
Use of a CMV for personal purposes when the driver is off-duty. FMCSA guidance permits PC for: commuting between home and the work-reporting terminal, moving to a safe haven for required rest, traveling to/from required medical examinations, and similar non-business-purpose uses. PC time does NOT count against the 11-hour driving limit or 14-hour duty window.
What is a Yard Move (YM)?▾
Low-speed CMV operation within a confined private yard or terminal area. YM is categorized as on-duty not driving — it applies against the 14-hour duty window but NOT the 11-hour driving limit. FMCSA guidance restricts YM to confined private property, typically under 10-20 mph.
Can I use PC to extend my driving hours?▾
No. PC is for OFF-DUTY personal use, not for extending driving time. Using PC en route to a customer site, between deliveries, or to make up for exceeding HOS limits is falsification and treated as logbook fraud during audits.
Does PC count against the 14-hour window?▾
No. PC is recorded as off-duty status and does not count against the 14-hour on-duty window. This is the key distinction from YM (which counts as on-duty not driving). PC effectively pauses the 14-hour window the same way other off-duty time does.
Do I have to annotate PC and YM use?▾
Yes. 49 CFR 395.36 requires driver annotation explaining the purpose of each PC or YM event so inspectors and auditors can understand the apparent duty status while the vehicle is moving. An unannotated PC or YM entry is a falsification flag.
Can my carrier require all PC and YM use to be approved?▾
Yes. Carrier policy can restrict when PC and YM are permitted (e.g., only PC for commuting home, never PC for medical exams without prior approval). Many carriers disable YM at the ELD level for drivers who never have yard operations. Carrier policy can be more restrictive than FMCSA's guidance.
Related regulations
Related guides
Sources + reviewer
Primary source: eCFR.gov: 49 CFR § 395.36
Reviewed by Chad Griffith (Founder + CEO, FileFlo) on