A Driver with other compensated work outside of your employment could have a significant impact on your company’s liability exposure and compliance!
A dangerous liability situation that motor carriers can find themselves in is when a driver operating a commercial motor vehicle has another part-time job unbeknownst to the motor carrier. It is not until there is an accident or an on-site compliance review that the motor carrier becomes aware of the situation and finds that the driver is in noncompliance with the hours of service regulations placing the motor carrier in a grave liability situation as the outside part-time work is compensated. As defined in CFR 395.2 (9) under definition of “On duty time”, performing any compensated work for a person who is not a motor carrier.
How does the motor carrier protect itself from this exposure? Consider this. Have all your drivers sign a statement upon hire indicating that they do not currently have any other employment that they are being compensated for? Also include in the statement that if they incur compensation for any work outside of their employment with your company that they will immediately inform their supervisor and will be required to document the hours on their hours of service documentation, either a grid log or time record as “On Duty” time. Have the driver sign and date the statement and maintain in the driver’s qualification file. Click on the following link to see an example of the Driver’s Certification of other Compensated Work statement.
http://www.idealease.com/safetycompliance/drivercertification.pdf
Do I need a CDL license to operate that truck?
Answer: The regulations that address this question are found in FMCSA CFR 383.3.
§383.3 Applicability. (a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States. The definition for a commercial motor vehicle for this regulation is as follows:
Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
- Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
- Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or
- Is designed to transport 16 or more passengers, including the driver; or
- Is of any size and is used in the transportation of hazardous materials as defined in this section.
The following are questions that frequently are asked about the CDL and have been addressed by the FMCSA:
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- May a person operate a CMV wholly on private property, not open to public travel, without a CDL? Answer: YES
- Do mechanics, salesman, shop help and occasional drivers need a CDL if they are only test-driving a CMV? Answer: YES, if the CMV is operated on a public street, road or highway.
- I have moved, how long do I have to get my CDL license reissued by my new state of residence? Answer: 30 Days.
Do the regulations require that a person driving an empty school bus for a test drive or transport have a CDL? Answer: Yes, if the bus is designed to transport 16 or more passengers and or the bus has a MGVWR that exceeds 26,000lbs a CDL would be required. However, since the unit is empty a passenger endorsement would not be required.
A driver operates a tractor of exactly 26,000 pounds GVWR, towing a trailer of exactly 10,000 pounds GVWR, for a GCWR of 36,000 pounds. HM and passengers are not involved. Is it a CMV and does the driver need a CDL? Answer: No to both questions. Although the vehicle has a GCWR of 36,000 pounds, it is not a CMV under any part of the definition of that term in §383.5, and a CDL is not federally required.
California Electronic Logging Device (ELD) Mandate is effective on January 1, 2024 for California INTRAstate Motor Carriers.
California has been at the forefront of adopting stringent regulations to improve road safety and compliance in the trucking industry. While the federal government implemented the ELD mandate for interstate trucking companies in 2017, California codified the mandate in August 2018, with enforcement beginning in October of that year. Now, California has extended this requirement to intrastate operations, with full enforcement set to begin at the start of 2024.
Why is California making this change?
California is the last state to adopt an ELD mandate for its intrastate commercial drivers.
According to the California Highway Patrol’s (CHP) Notice of Proposed Regulation, “The actions will enhance the safe operation of motor vehicles and increase the competitiveness of California carriers by eliminating or modifying, to the extent possible, regulations which conflict with updated federal regulations, reducing negative impacts on businesses. This rulemaking will also allow the CHP to remain consistent with Federal Motor Carrier Safety Regulations (FMCSR) adopted by the United States Department of Transportation, and addresses inconsistencies and incompatibilities between state and federal regulations.”
How are the California and FMCSA ELD mandates different?
For the most part, the California ELD regulations align with the FMCSA’s ELD mandate. However, there are differences that carriers and drivers traveling through California need to know to avoid violations.
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FMCSA ELD mandate |
California ELD mandate |
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Exempts drivers from needing to use an ELD if their movements are within a 150 air-mile radius of the base of their operations. Maximum number of hours worked is 14 hours. |
Uses a 100 air-mile radius and a 12-hour limit. Maximum duty period is 12 hours. |
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Mandatory 30-minute rest break after 8 hours of driving. Non-exempt drivers may only drive 11 of the 14 hours. |
No 30-minute rest break requirement. Non-exempt drivers may drive 12 hours of the 16 hours on-duty for trucks. 15 hours for bus operators. |
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May extend duty period up to 2 hours. (16-hour exemption. Can be invoked once in each 34-hour reset cycle.) |
May extend driving period up to 2 hours, but not the duty period. |
The exceptions to the California ELD mandate are the same as the FMCSA’s federal mandate and include:
Drivers who are operating under short-haul operations and aren’t required to keep record of duty status (RODS). Time records can be used in place of ELD.
Here are the exemptions:
- Drivers who are required to keep RODS not more than 8 days within any 30-day period.
- Drivers conducting a drive-away-tow-away operation, (an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported) if the vehicle being driven is the commodity being delivered, or if the vehicle being transported is a motorhome or recreational vehicle trailer.
- Drivers of vehicles manufactured before the model year 2000.
- Transporters of livestock and insects are not required to have an ELD. AG Haulers are not required to use an ELD while operating within the 150 air-mile radius AG exemption zone.
What is the penalty for ELD violations under the California ELD mandate?
Vehicles that are not in compliance with the ELD mandate in California may be placed out-of-service for 10 hours for failing to have a record of duty status.
If you have multiple state operations and already have and ELD provider, check with them to make sure they have an ELD that will comply with California’s mandate effective January 1, 2024.
A Driver with other compensated work outside of your employment could have a significant impact on your company’s liability exposure and compliance!
A dangerous liability situation that motor carriers can find themselves in is when a driver operating a commercial motor vehicle has another part-time job unbeknownst to the motor carrier. It is not until there is an accident or an on-site compliance review that the motor carrier becomes aware of the situation and finds that the driver is in noncompliance with the hours of service regulations placing the motor carrier in a grave liability situation as the outside part-time work is compensated. As defined in CFR 395.2 (9) under definition of “On duty time”, performing any compensated work for a person who is not a motor carrier.
How does the motor carrier protect itself from this exposure? Consider this. Have all your drivers sign a statement upon hire indicating that they do not currently have any other employment that they are being compensated for? Also include in the statement that if they incur compensation for any work outside of their employment with your company that they will immediately inform their supervisor and will be required to document the hours on their hours of service documentation, either a grid log or time record as “On Duty” time. Have the driver sign and date the statement and maintain in the driver’s qualification file. Click on the following link to see an example of the Driver’s Certification of other Compensated Work statement.
http://www.idealease.com/safetycompliance/drivercertification.pdf
