While enforcement of federal electronic logging device (ELD) mandates for interstate trucking has been ongoing in California since 2018, the state has yet to enforce the same rules for carriers who haul exclusively in California. Until now.
A recently published “Proposed Regulation Text” from the California Highway Patrol (CHP) would now require all intrastate carriers to use an ELD as the driver’s official record of duty status (RODS).
According to the proposal, “A motor carrier operating commercial motor vehicles shall install and shall require each driver to use an Electronic Logging Device (ELD) to record the driver’s RODS.” There are, however, a few exceptions. These include:
- When a driver is only required to maintain logs for eight or fewer days during a 30-day period.
- When a driver is involved in a driveaway-towaway operation in which the truck being driven is part of the shipment being delivered.
- When the truck being driven was manufactured before the model year 2000, as reflected in the vehicle identification number (VIN) and as shown on the vehicle’s registration. This exception will be eliminated in 2023 when trucks with engines older than 2009 will not be able to register in the state because of climate-related mandates.
In addition, intrastate drivers of the following vehicles are not required to keep logs if the employer can provide documentation of the driver’s total time worked and time of reporting to drive each day for six months:
- Vehicles owned and operated by any forestry or fire department of a public agency.
- Vehicles, owned and operated by local law enforcement agencies, are engaged in the transportation of inmates or prisoners within the county where the agency is located.
- The vehicle is an Authorized Emergency Vehicle as defined by California code.
- A vehicle that is operated by a driver who is operating under California’s 100 air-mile radius exemption.
The CHP is currently accepting public comments on the proposed rule until Dec. 19. Currently, no public hearings on the proposal are scheduled. Industry analysts predict it may take up to a year for the final rule to be codified.
Intrastate drivers should not only comply with the ELD mandate, but they should be aware of these rules:
- Drivers are not allowed to drive more than 12 hours during a work period
- Drivers are not allowed to drive after the 16th consecutive hour from the beginning of the work period
- 10 consecutive hours off-duty are required to reset for a new work period
- Drivers are not allowed to drive after having been on duty 80 hours in any eight consecutive day period
- The eighth-day cumulative total may be reset to zero with the beginning of any off-duty period of at least 34 consecutive hours (34-hour restart)
Industry analysts also say that most of California’s trucking companies are already complying with federal rules. Trucks not in compliance are placed out-of-service for ten hours.
Attached is the updated Noice of Proposed Rule Making for the CA ELD Intrastate rule. It is open for comments until Dec 19th.
