80 hr/8 day - 100 air mile - 16 hour work day

There's no such thing as a 80hour/8day rule. As far as the 100 mile rule goes you must meet all the requirements of FMCSR §395.1(e). If you don't then you just run a logbook. We always went by the 12 hour work rule because if you have a few drops then you will not get 11 hours driving time. We had one load in AZ that we could pull twice in one day if we ran a book. We would show in our book the past 7 days were local driving then run the book for that day.

 

im sorry, i couldnt resist. i was doing research and i know its 7 years later but i had to dispell the erroneous info in here.

the bottom line is if you stay within the state of california the federal hours of service DO NOT apply to you. you are known as an INTRAstate driver, not an INTERstate driver and you can legally run on whatever HOS California legally allows you to run. so if California has an 80/8 HOS for INTRAstate drivers its legal.

I ran as an INTRAstate driver in Texas and Texas INTRAstate HOS is 70/7, 15 hour window, any legit off duty period extends the 15 hour window, no 30 minute break required and going outside the 150 air mile radius doesnt impact any of these rules. you also only need 8 hours off.

if your state has special HOS regulations for INTRAstate drivers and you are worried about trouble, you only need to state that you are an INTRAstate driver and run (insert your states name) and you do not cross state lines and thats its.

 

Well... You are incorrect on one point. It does not matter if thr driver leaves the state. It matters if the cargo does. Take for example if you pick up a container in L.A. port from Tiawan and deliver it to a mfg. in L.A. That would be INTERstate as the product crossed state lines. If you picked up widgets made in Sacramento and deliver to San Diego to a mfg. there it would then be INTRAstate.

 

i guess me and JB were breaking the law for 20 months, because all i did was pick up freight in Laredo coming from Mexico and taking it to BNSF in FT Worth TX or doing relays woth drivers from out of state.

 

@kidnkorner You would be correct in you and JB breaking the law (if what you did fell outside of federal hos)
Look at the following: https://www.fmcsa.dot.gov/regulations/title49/section/390.3

Question 6: How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs?

Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper’s fixed and persistent intent at the time of shipment, and is ascertained from all of the facts and circumstances surrounding the transportation. When the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single State, the driver and CMV are subject to the FMCSRs.

While your personal route was INTRAstate, the shipments were INTERstate. You did fall under federal HOS.

 

If you drive only in CA,, delivering product loaded in CA, destined for CA, then you fall under the 8/80 rule.

Ag haul, a driver can exceed the 8 day 80 hour rule up to 112 hours in an 8 day period. They also only need to take 8 hours of of duty before starting work again.

The hours of service rules are found in California Code of Regulations, Title 13, Section 1212 and 1212.5.

Per Section 1212(k), a driver transporting farm products from the field to the first point of processing or packing may drive up to 12 hours in a 16 hour workday, but they only need 8 hours off duty as opposed to 10 hours that is required by property carrying drivers. Additionally, farm product drivers are allowed to drive beyond the 80 hours-on duty-in 8 consecutive days limit. but cannot drive after being on duty 112 hours in any consecutive eight day period. Essentially, these drivers are able to work (not drive) 32 hours longer in a consecutive eight day period, without limiting their driving hours.

Other states have adopted MAP-21 federal exemptions for hours of service of farm product drivers, which eliminates any hours of service rules for drivers transporting farm products. California has not adopted these rules.

No changes to the hours of service rules for buses transporting farm workers. Those drivers are still limited to 10 hours driving time within a 15 hour workday after eight consecutive hours off duty. These rules are found in Section 1212.5(a).

 

Yes there is an 80 hr / 8 Day rule for California ONLY. It’s Intrastate driving in which the cargo is final destination does not leave the state. I run a 100 air mile exception and a secondary cycle of 80 hr / 8 day if for some reason I go beyond my 100 air mile radius. I work for an agricultural hauling company that operates solely in CA. We haul soil supplements i.e. compost, gypsum. and during the harvest season we haul almonds, pistachios, wheat etc. The DOT recently audited the company and made it very clear that we only had to log out start time, stop time and a 30 minute break as long as we did not drive over 12 hours. If working beyond 12 hours or farther than 100 air miles we then must keep a standard detailed paper log showing all starts, stops, breaks, loading time, etc. When operating under the 100 air mile exception or any cycle rule we must complete a vehicle inspection that must be submitted daily to the company. There are also exceptions for during the harvest season that allows us to run 16 hr days for 3 months. These are CALIFORNIA regulations, the federal regulations are essentially null and void If you’re an intrastate driver. I use an electronic log on my phone that allows me to run two cycles concurrent so that I don’t have to ever worry. The app also keeps me in compliance by notifying me of any possible violations.

 

FMCSR= FEDERAL motor carrier safety rules.

 

Why in world will a dispatcher who issues you load information not know what days you worked?

Im sorry but it seems like a huge flaw in the dispatch office if they don't know what days so and so worked across the board.