Scenario: customer meets our truck in Portland, OR in the evening, trans loads several pallets to his U26,000 box truck and heads home to Olympia,WA.
commercial truck over 10K lbs crossing state lines, driver needs logbook, medical, yada, yada, yada. No question there. 150 mile driver, so no ELD, time card app on his phone.
Next morning, driver heads out for local deliveries.
Question: Is he exempt from HOS regulations at that point as a local, U26,000 driver, or does interstate freight change that? @Moose1958?
Non CDL logbook requirement....??
Discussion in 'Trucking Industry Regulations' started by Accidental Trucker, Apr 22, 2022.
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Why don't you ask @ZVar or @brian991219 ? Right now I am not feeling well and rather not get too deeply involved!
Accidental Trucker Thanks this. -
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We internalized distribution from an independent distributor to an in house company to control product quality all the way to the retailer. This came up in a training session, and I just don’t know the answer. And given there’ll be a new entrant audit coming up within the year, we better get it right.blairandgretchen and Oxbow Thank this. -
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He would not be intrastate no. It's the load that matters, not the specific trip. He is still under the same load until it's delivered, either to a warehouse or 100 customers or whatever.
How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs? | FMCSA
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.wis bang and Accidental Trucker Thank this. -
Ok, second scenario. Driver drops at warehouse, product goes into inventory, and is then delivered in multiple trips over the next couple of weeks
The product originated out of state, but the delivery trips are strictly local. -
At least that's how I read the regs. I'm getting ready to go to work so I don't have time to look for specific cites, but I'll try and remember to look in the morning when I get off work.Blue jeans, brian991219 and Accidental Trucker Thank this. -
For the OP, as for the under 26k, FMCSA defines a commerical vehicle as any vehicle in excess of 10,000 pounds used in furtherance of interstate commerce so as far as the interstate work, yes hours of service would apply even under 26k. To further break that down the driver could switch back to short haul as soon as they have returned to their normal work reporting location and have had 10 hours off to reset.
On a side note, I advise my clients that switch between inter and intrastate often to just qualify everyone to the interstate standard and there will never be an hours of service problem.
I'm sorry for no links as it has been a long day at a trade show in Orlando and I'm exhausted.Blue jeans, Accidental Trucker and ZVar Thank this. -
I'm awake and enjoying a cup of hot (decaf) Coffee( yuck)! State lines really don't define HOS rules. This is a common mistake. The thing is you can't just use a logbook on Monday and leave it in the office on Tuesday. For example. If a driver leaves Atlanta on Sunday and picks up a load in Charlotte and returns that driver MUST be using a logbook (ELD)! Then say the same driver makes local deliveries Monday but goes back to Charlotte on Tuesday. If they get stopped by DOT they had better have Monday in that logbook EVEN if it is only offduty that day still has to be accounted for with a logbook or ELD.
If I am operating a business that does both long and short-haul I am either forcing ALL my drivers to use a logbook (ELD) or separating the long haul from the short-haul. This is a way to get some serious sanctions from the FMCSA!Accidental Trucker Thanks this.
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