Effective January 1, 2024, the State of California implemented an intrastate electronic logging device requirement for commercial vehicles to better align itself with the Federal Motor Carrier electronic logging device (ELD) requirement. The federal ELD requires interstate carriers (traveling between 2 or more states) to utilize an electronic logging device to ensure that drivers of large vehicles take appropriate rest breaks between shifts of driving. the State of California has implemented an intrastate (traveling exclusively within one state) ELD requirement. The ELD is required if a California commercial driver is operating a vehicle that has a manufacturer’s gross vehicle weight rating of greater than 10,001 pounds and if they travel outside of a 100 mile air radius from their home operating base, with some exemptions.
What are Record of Duty Logs?
Record of Duty logs are daily paper reports completed by drivers to document the amount of time that they spend driving, taking breaks, and being off duty between operating shifts. With some exceptions, the FMCSA requires that most commercial drivers keep these paper logs while operating fleet vehicles.
The Record of Duty Status log must include the following documentation:
– Off duty status written as “off-duty” or “OFF”
– Sleeper berth status written as “Sleeper berth” or “SB”
– Driving status written as “Driving” or “D”
– On-Duty, but not driving status written as “On-duty not driving” or “ON”
– The location of duty status change (including city, town, or village, with State abbreviation).
– The date
– Total miles driving for current day
– Bus, truck or tractor, and trailer number
– Name of carrier
– Driver’s signature/certification
– 24-hour period starting time
– Main office address
– Driver’s remarks
– Name of co-driver
– Total hours
– Shipping document number(s)
This is an example of a Record of Duty log.
Fleet Operator Record of Duty Log Exemptions
There are several exemptions to the Record of Duty log requirement for fleet operators. These exemptions include:
– Vehicles that are owned and operated by a forestry or fire department.
– Vehicles that are owned and operated by law enforcement for the transportation of inmates within the same county in which the agency operates.
– An authorized emergency vehicle.
What is an Electronic Logging Device (ELD)
An Electronic Logging Device (ELD) is a digitized version of Record of Duty Logs. The ELD is generally an app that loads on a driver’s smartphone or a tablet and communicates with a telematics device. The ELD app is used by the driver to record Record of Duty logs, which includes driving activity, rest breaks, and off duty hours. The ELD communicates with the telematics device to ensure that the driver’s activity records are accurate by comparing the ELD entries with the vehicle’s actual driving activity. A highway patrol officer can pull a vehicle over and demand to view a copy of the driver’s Record of Duty logs from the ELD to ensure that the drivers are complying with the electronic logging rules. With a telematics-based ELD solution, the fleet operator has access to the driver’s electronic log activity records online and they must be saved for 6 months.
California Fleet Operator ELD Exemptions
There are several exemptions to the ELD requirement for fleet operators. These exemptions include:
1. Drivers who are not required to maintain Record of Duty logs for more than 8 days during a 30 day period.
2. The driver is in a towaway or driveaway operation (i.e. transporting vehicles for sale, lease, and repair) as long as the vehicle being driven is part of the shipment being delivered.
3. The vehicle was manufactured before 2000.
4. The driver is exempt from using an ELD by means of a waiver or exemption issued by the FMCSA.
5. The driver falls under the short haul exemptions as defined below.
The Short Haul Exemption for Intrastate Drivers
Title 13, CCR, Section 1212(e)
Drivers who meet the criteria below are exempt from the requirement of using a paper Record of Duty log and an ELD:
1. The driver operates within a 100 air-mile radius of the normal work reporting location;
2. The driver, except for a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
3. The driver of a school bus, school pupil activity bus, youth bus, or farm labor vehicle returns to the work reporting location and is released from work before the end of the 16th hour after coming on duty;
4. At least 8 consecutive hours off duty for bus drivers and 10 consecutive hours off duty for truck drivers, separate each work period; and
5. The motor carrier that employs the driver maintains the following records for 6 months:
i. The time the driver reports for duty each day;
ii. The total number of hours the driver is on duty each day;
iii. The time the driver is released from duty each day; and
iv. The total time for the preceding seven days in accordance with Section 1213(k)(2) for drivers used for the first time or intermittently.
The Goose time clock provided by FieldLogix may meet the reporting requirements for the 100 air mile radius exemption.
The Short Haul Exemption for Interstate Drivers
Title 48, CFR, Section 395.1(e)
Drivers who meet the following criteria are exempt from the ELD requirements of §§ 395.8″ and 395.11, but must use a paper Record of Duty log under the following conditions:
A: 150 Air-Mile Radius Exemption
1. The driver operates within a 150 air-mile radius of the normal work reporting location;
2. The driver, except a driver-salesperson, returns to the work reporting location and it released from work within 14 consecutive hours;
3.a. A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off-duty separating each 14 hours on-duty;
3.b. A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off-duty separating each 14 hours on-duty; and
4. The motor carrier that employees the driver maintains the following records for 6 months:
i. The time the driver reports for duty each day;
ii. The total number of hours the driver is on duty each day;
iii. The time the driver is released from duty each day; and
iv. The total time for the preceding seven days in accordance with § 395.8(j)(2) for drivers used for the first time or intermittently
B: Operators of property-carrying commercial motor vehicles that do not require a commercial driver’s license:
Except as provided in this paragraph, a driver is exempt from the requirements of §§ 395.3(a)(2), 395.8, and 395.11 and ineligible to use the provisions of § 395.1(e)(1), (g), and (o) if:
1. The driver operates a property-carrying commercial motor vehicle for which a commercial driver’s license is not required under part 383 of this subchapter;
2. The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;
3. The driver returns to the normal work reporting location at the end of each duty tour;
4. The driver does not drive:
(a) After the 14th hour after coming on duty on 5 days of any period of 7 consecutive days; and
(b) After the 16th hour after coming on duty on 2 days of any period of 7 consecutive days;
5. The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
i. The time the driver reports for duty each day;
ii. The total number of hours the driver is on duty each day;
iii. The time the driver is released from duty each day;
iv. The total time for the preceding 7 days in accordance with § 395.8(j)(2) for drivers used for the first time or intermittently.
The Goose time clock provided by FieldLogix may meet the reporting requirements for the property-carrying commercial vehicle exemption.
FieldLogix offers an ELD solution that helps fleet operators comply with the California ELD mandate. Take a virtual tour of our platform and speak with a consultant to learn how we can help you comply with the California ELD requirement.
The information contained above should not be considered as legal advice. While we made our best effort to verify this information with the California Highway Patrol, there may be some inaccuracies. You should consult with your legal representative and/or compliance manager prior to determining whether you must comply with the California ELD mandate.