Authority in another state

Discussion in 'Ask An Owner Operator' started by m00vit, Jan 25, 2024.

  1. Long FLD

    Long FLD Road Train Member

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    There is. You only have to start and stop your days at the same location. So if you’ve been working from the same location the entire time you’ll be fine provided that you have timesheets or some other way to show your hours worked.
     
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  3. m00vit

    m00vit Bobtail Member

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    Awesome, thank you. This is what I was trying to figure out, I just read that last night. The FMCSA also states for the audit that you need to have time cards back for 6 months which I do, but I came to CA before that. Wonder if i need or should have record of my initial trip from AZ to CA.
     
  4. wis bang

    wis bang Road Train Member

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    HOS only goes back 6 full months. If you came from AZ to CA longer than that, you don't need it.
     
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  5. Diesel Dave

    Diesel Dave Last Few of the OUTLAWS

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    So instead of one year back or since the OP has been local in SoCal, he needs only 6 months of HOS it seems…..
     
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  6. wis bang

    wis bang Road Train Member

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    If you keep more than the past complete 6 months; an auditor can include them; if they find them.

    Timewise, any on-site audit won't spend the time on old stuff; I remember the auditor saying she stopped long before doing all the logs she wanted to see due to the amount of time it took to document each violation.
     
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  7. Diesel Dave

    Diesel Dave Last Few of the OUTLAWS

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    I’ve been looking for that HOS/Elog exemption(which I can’t find) where an individual could can only run an hourly sheet when inside a “100” miles radius(California) status when YOU ARE from another state. I still can’t find it.

    What @Long FLD posted, ONLY states if your local exemption status, it doesn’t state if your home base is from another state. When I had an audit years ago from the CHP, I ran a local exemption HOS sheet as posted above. However, he said I was in violation because some days I would start and end my time from my Home terminal and other days I would start and end my time from where I park my truck terminal(40 miles apart).. So basically I had 2 terminals. He said I can ONLY use the local radius exemption HOS rule from ONE(1) terminal, NOT TWO(2) like the OP has stated. This is why I had stated from the BEGINNING, that the OP is in violation, I’ve been told this first hand from the CHP auditor. However, I have not found a regulation or exemption if you are from out of state using the local status exemption. Remember, COMMIEFORNIA is WHACK.
     
    Last edited: Jan 27, 2024
  8. Long FLD

    Long FLD Road Train Member

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    I see CA didn’t adopt the 150 radius and stayed at 100. But I don’t see any mention in the CA rules regarding start and stop locations like the federal regs do.

    So I guess the question is if you’re from another state are you forced to abide by the HOS regs in another state if they’re different than federal?
     
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  9. m00vit

    m00vit Bobtail Member

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    I would imagine the federal rules would apply when working in other states. For example, recreational marijuana is legal in California, however it is not federally legal, hence our requirement for random testing and compliance no matter what state we are working in.
     
  10. m00vit

    m00vit Bobtail Member

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    I contacted a rep at OOIDA who sent me this excerpt:

    395.1(e)

    (i) The driver operates within a 150 air-mile radius (172.6 statute miles) of the normal work reporting location;


    They had changed the regulation to reflect wherever you start and stop nothing requiring it to be what is listed on your authority


    https://www.fmcsa.dot.gov/regulatio...s-normal-work-reporting-location-intermittent


    This link is the guidance the FMCSA gives about utilizing the short haul in different work reporting locations. The main part is wherever you start and stop is the normal reporting area that the, now 150, air mile rule is based off. I know the link still says 100 but they had changed it to 150 as the regulation above shows.
     
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