Is a Local Truck Entering a California Port Required to Comply with the New ELD Mandate?
The new ELD Mandate takes effect January 1, 2018. Currently, intrastate* carriers do not fall under the new rules for ELDs (electronic logging devices). However, trucks going into and working out of California Ports are considered interstate carriers, and they require MC numbers. The new rules and regulations for ELDs “…apply to interstate drivers of Commercial Motor Vehicles (defined in 49 CFR 390.5) who are currently required to keep Record of Duty Status.” So, by definition, interstate drivers will have to comply with new ELD rules. The phased implementation of ELDs has been outlined by the FMCSA. Specific information can be found at https://www.fmcsa.dot.gov/hours-service/elds/electronic-logging-devices.
As with most rules, there are some exceptions. For example, according to the FMCSA website, some trucks that may be exempt from the new ELD regulations include:
- Drivers who use paper logs no more than 8 days during any 30-day period
- Driveaway-towaway drivers (transporting an empty vehicle for sale, lease, or repair)
- Drivers of vehicles manufactured before model year 2000
If you are looking for a specific number of miles that trucks may run locally to determine if the ELD mandate applies, you may want to review specific information from CFR 49 Part 395.1(e). If a driver meets ALL the following requirements, they are not required to log books (only needing a timecard with the items listed below). So, they would likely meet the ELD exemption:
- Drive within 100 air miles of the normal work reporting location (commonly known as 100-air-mile-radius drivers)
- Return to the work reporting location and are released within 12 consecutive hours of coming on duty
- Have at least 10 consecutive hours off, separating each 12 hours on duty
- Are a property-carrying commercial motor vehicle driver, who do not exceed the maximum driving time allowed, following 10 consecutive hours off duty
- Have a motor carrier that employs the driver, and who maintains and retains (for a period of 6 months) accurate and true time keeping records, showing:
- Time in
- Time out
- Total Time for the day
- The total time for the preceding 7 days for drivers used for the first time or intermittently
Keep in mind, if a driver fails to meet ANY of the requirements of the 100-air-mile-radius driver, they would again have the requirements of logbooks. Additionally, if they do not meet the above exemptions and are required to keep logbooks for more than 8 days in a given month, they would be required to follow the new ELD Mandate.
“Interstate commerce crosses state lines and is within the federal government’s authority to regulate if it chooses. Intrastate commerce is conducted within a state’s borders – state law applies, unless a preemptive federal law applies.”