Container trucking and HOS

actually, where the container/load originated doesn't matter, it about how far the driver goes, if YOU go beyond the 100 air mile radius, then it's log book territory. I haul containers and we are currently looking at a log book exemption classification for our local drivers who never leave the metro area. In fact, all of our drivers, even us in sleepers can still use it on our local days, but, it's kinda of a pain.

Back to the OP, yes, we do have to follow the same HOS rules as everyone else. But, like dirt haulers, guys who regularly do Port work only have work arounds to get the maximum hours in per day. It's too difficult to try and explain.

 

As far as "logging" yes you are correct. But as far as intrastate and interstate yes it does matter. I don't understand the "log book exemption classification" thing that you are talking about. I just know that 100 miles or 12 hours it's log book time basically.

 

In wisconsin its 150 air mile radius,dont go across state lines,dont work more than 12 hours and you must return to your home terminal at the end of your work day

 

WRONG !

http://www.diabetes.org/assets/pdfs...eneral-questions-about-commercial-driving.pdf

 

Adding to RickG's post.

"In reality, there is very little intrastate commercial driving"

The easiest way to think about intra- vs inter-: dump trucks hauling aggregate from a local pit to a location within the same state= Intra. Basically it ends up being mostly commodities that are intra-state.

 

if everything in the book was enforced, enacted, or treated as the book claims, we should be parked. I can tell you from 15 yrs exp., that intermodal point of origin does not make a difference regarding inter or intra, one of our competitors only runs local intermodal delivery, all they do is run cans between their depot and the railyards, 24 miles ea. way. They have a DOT number which says CO after it, meaning Intra-state, considering they were the subject of a massive DOT audit last year, and are still in business, with all the same info, apparently nothing has changed.

 

In California if you do intra state 12 hrs driving, interstate is 11. Now for agriculture and a few others get an exemption from the 11hours. And can drive quite a bit more.

 

If you are local meaning less than 100 airmiles( as the crow flys) you only need to have a time card and don't need a log book. Intra state means inside the state and not going over a state liner. You can go into the ports or rail yards with only a state authority or a MC number. Yes some containers do go interstate. I used to pull them from Wyoming to the port in Oakland ,ca. And they had cattle going to Japan in containers trucked from the Midwest. Don't forget.. That time card is your logbook.. So don't go over hours.

 

The way that the states can follow you around, either scale to scale, or parol car to car.. It is not real wise to bend log books anymore. They can call you in let's say in Wyoming and can get on the computer in Colorado, and know if your fudging your hours.. I don't know if all states have this.. In California I know for sure you could be in let's say San Diego, a CHP car goes by you, they can enter your information into the system and when you go through let's say Sacramento they can tell if your speeding or not being truthful on your logbook. It's not worth it any more . And this is from a log book bender. Never ran two , but have a very big imagination on logs books. Also like Colorado, when you go across every scale they enter your VIN in the computer, so they even can follow you around.

 

Striker, to add to what Rick and Sublime posted, here is a quote from J.J. Keller, which I am sure everyone will agree knows what they are talking about. Just because your competitor is doing something a certain way, has not been caught, or whatever does not mean that is the law.


It seems like a fairly straightforward issue. Interstate transportation involves a vehicle crossing borders and operating in two or more jurisdictions; if a truck never leaves a state, it must be performing intrastate motor carriage.
Surprisingly, this is not always true. The FMCSA provides the definition of interstate transportation in 49 CFR 390.5. Any evaluation of interstate or intrastate begins with this definition: Interstate commerce means trade, traffic, or transportation in the United States—

1. Between a place in a State and a place outside of such State (including a place outside of the United States);
2. Between two places in a State through another State or a place outside of the United States; or
3. Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.

The first two parts of this definition are pretty clear – a vehicle crossing a border means interstate commerce.
It is the third part of the definition that complicates things – interstate commerce is trade, traffic, or transportation involving the crossing of a state boundary. When either the vehicle, its passengers, or cargo cross a state boundary, or there is intent to cross a state boundary, the carrier is considered an interstate carrier.
The FMCSA does offer some clarification with this guidance in 49 CFR 390.3 General Applicability:
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.
The bottom line is this: If your vehicles cross state lines, or if your vehicles transport cargo or passengers that have or will cross state lines, you are an interstate carrier, subject to compliance with the Federal Motor Carrier Safety Regulations. The Unified Carrier Registration Agreement (UCR) uses the same definition – if the vehicle, freight, or passengers cross states lines, it is an interstate vehicle subject to annual UCR registration.
However, when it comes to state taxation matters, such as vehicle licensing/IRP and fuel tax reporting/IFTA, the only consideration is where the vehicle itself travels.
You may be operating vehicles that are intrastate as far as IRP and IFTA are concerned, but interstate for DOT safety and UCR compliance. Correctly classifying your operation will keep you in compliance.