Non CDL truck driver needs log?

Discussion in 'Trucking Industry Regulations' started by Gear Check, Oct 25, 2011.

  1. Gear Check

    Gear Check Bobtail Member

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    This is my first post and visit to your site.. IT IS Great! (Used to be OTR for about 2 years.)

    I work for a Service company that rents a bucket truck for 'interstate' visits to sites. The truck is non-CDL <26k, >10k. I am not a driver but a technician.

    Do I need to keep a log book for trips over 150 miles? I guess I am having trouble with the concept because, although it's a commercial vehicle, my company is not a Motor Carrier. Do they need to keep records and get some DOT number? The rental already has a DOT number from the leasing company.
     
  2. Gear Check

    Gear Check Bobtail Member

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    I do drive the truck from site to site but my classification is a technician.. (Upon reading my post, that was unclear.)
     
  3. Scalemaster

    Scalemaster Heavy Load Member

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    If you drive a company vehicle with a GVWR over 10,000# yet under 26,000# you fall under all the FMCSR regs (log book, med card, etc.) except CDL.

    HOS local exemption is 100 miles, not 150.

    If your company operates across state lines then they need a USDOT number and must display their name and USDOT number on any vehicle they operate. The USDOT number of the company you lease vehicles from is irrelevant.
     
    dieselbear Thanks this.
  4. dieselbear

    dieselbear Road Train Member

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    If it is a 30 day or less rental, you need the copy of the rental agreement in possession that must include carrier name and USDOT on the rental agreement. If it will be over a 30 day rental, you carrier name and USDOT number shall be displayed.

    390.21

    (e) Rented CMVs. A motor carrier operating a self-propelled CMV under a rental agreement having a term not in excess of 30 calendar days meets the requirements of this section if: (1) The CMV is marked in accordance with the provisions of paragraphs (b) through (d) of this section; or (2) The CMV is marked as set forth in paragraph (e)(2)(i) through (iv) of this section:
    Code of Federal Regulations338


    (i) The legal name or a single trade name of the lessor is displayed in accordance with paragraphs (c) and (d) of this section.(ii) The lessor's identification number preceded by the letters “USDOT” is displayed in accordance with paragraphs (c) and (d) of this section; and(iii) The rental agreement entered into by the lessor and the renting motor carrier conspicuously contains the following information:(A) The name and complete physical address of the principal place of business of the renting motor carrier;(B) The identification number issued the renting motor carrier by the FMCSA, preceded by the letters “USDOT,” if the motor carrier has been issued such a number. In lieu of the identification number required in this paragraph, the following may be shown in the rental agreement: (1) Information which indicates whether the motor carrier is engaged in “interstate” or “intrastate” commerce; and (2) Information which indicates whether the renting motor carrier is transporting hazardous materials in the rented CMV; (C) The sentence: “This lessor cooperates with all Federal, State, and local law enforcement officials nationwide to provide the identity of customers who operate this rental CMV”; and(iv) The rental agreement entered into by the lessor and the renting motor carrier is carried on the rental CMV during the full term of the rental agreement. See the leasing regulations at 49 CFR 376 for information that should be included in all leasing documents.
     
  5. wis bang

    wis bang Medium Load Member

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    Wouldn't he fall under the new 150 mile [non CDL] exemption?
     
  6. CondoCruiser

    CondoCruiser The Legend

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    Not sure how you might interpret this. But there is an exception for utility vehicles.

     
  7. RickG

    RickG Road Train Member

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    The thing is his employer is not a motor carrier . The rental company should have knowledge of how to comply with regulations .
    Yes , his employer does need to keep a driver file and maintain records . They probably aren't close to complying . Did they inquire with previous employers ? Was there a pre-hire drug test ? Is the driver in a pool for random drug tests ? The employer needs to go to the FMCSA website and learn what is required .
     
  8. dieselbear

    dieselbear Road Train Member

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    I bet they are a motor carrier, but are not for hire and will not need a MC number. If it's over 10,000 lbs and used for commerce, they need a USDOT number. 10,001 lbs and used in commerce gets them into the regulations. For instance, a company that does not have any trucks, but today goes to Penske and rents a 26,000 lbs box truck to haul their tools to a job site. When I stop them, Penske number does not go on the inspection report. (This is one of the biggest Data Q's I see come into the office) Whoever rented the vehicle needs a USDOT number per the regulations. Just like the driver at that point needs a medical, etc.

    I had one the other week. Three guys delivering mattresses for a major mattress company. The guy driving owned a home delivery company that was contracted with the major mattress company to make home deliveries for them. The mattress company paid him to deliver and pick up the old mattresses. On the day he delivers, he rents a truck and gets two guys to help him. The Penske truck USDOT number does not go down as the carrier. The guy that rented it, needs the USDOT number, to go on the rental with the company name and other required information. Driver needs a medical and has to comply with the hours of service regulations.

    Almost 99% of the time when I stop someone like this, they do not have anything that is required.
     
  9. dab11999

    dab11999 Light Load Member

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    Because utility vehicles are exempt, I would find out if it's required under state law. Being exempt from Federal law doesn't necessarily make you exempt from state law. The utility exemption doesn't specify that the utility has to own the vehicle.
    That being said, it's better to have one than not have one. If you return to the same place you start from every day, you can log it all as on duty not driving. If you spend the night away from home at the job site, you need to log your driving time same as a sleeper berth operation.
    If you have to buy your own log books, it's a tax deductible mandatory employee expense. So why not?
     
  10. RickG

    RickG Road Train Member

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    O.K. , I'm confused . How is a company that is not for hire a motor carrier ? I Coca Cola a motor carrier ?
    The guy delivering mattresses was a motor carrier . He did not own the goods he was delivering .
     
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