Log book not needed for local?

clayshot · Mar 13, 2014

I'm about to start with a very small company {12 trucks} running with in 100 miles. He says I don't need to use a log. My concern is, I will be running across multiple state lines. {PA,NJ,NY,DE,MD} Isn't that consider interstate commerce? I always thought running logs interstate is required.

One more glitch to this job is, there is one run down to NC which for sure needs log book. He contends, I'll only need to run a log for this trip. This doesn't sound right to me. DOT requires 8 day history, right? I don't want DOT problems. On top of that, the NC run will be placarded loads. In my mind, I need to run a log book all the time.

I really want this job. I got this job thru a mutual friend and love the home time and money offered. Plus the guy is running good, well kept equipment.
Any thoughts on this?

rbrtwbstr · Mar 13, 2014

Your boss is correct. If you stay within 100 air miles, regardless of state lines, you don't need a log book. But you will need to keep record of start and end time, and anytime you work more than 12 hours, you then need to fill out a log sheet for that day. As far as having the previous 7 days, we use a book that shows a week on one page, just write in your start/stop times and all is well. As far as placarded loads, I don't believe there's anything different. If you go beyond your 100 miles, and fill out a log, just make sure you have your time sheets available if you're inspected. Consult your safety regulations book(the 'green book') read section 395.1 part e

dude6710 · Mar 13, 2014

Use a log book to log. I run one and if you stay within 100 miles log continuously on on duty not driving for up to 12 hours. Note local driver on the log for that day and flag pre/post trips and fuel stops. If you run over 12 hours 100 air miles that day then you can use the same log book.

Sublime · Mar 13, 2014

Both post #2 and #3 are correct.

Dinomite · Mar 13, 2014

There is nothing stopping you from purchasing your own log book and keeping records just to cover your butt.

clayshot · Mar 13, 2014

That's exactly what I was planning on doing.

Dinomite said: ↑

There is nothing stopping you from purchasing your own log book and keeping records just to cover your butt.
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CondoCruiser · Mar 13, 2014

§ 395.1(e) Short-haul operations(1) 100 air-mile radius driver. A driver is exempt from the requirements of § 395.8 if:
(i) The driver operates within a 100 air-mile radius of the normal work reporting location;
(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;
(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;
(iv)(A) A property-carrying commercial motor vehicle driver does not exceed the maximum driving time specified in §395.3(a)(3) following 10 consecutive hours off duty;
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Question 12: What constitutes the 100-air-mile radius exemption?

Guidance: The term air mile is internationally defined as a nautical mile which is equivalent to 6,076 feet or 1,852 meters. Thus, the 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.

Question 13: What documentation must a driver claiming the 100-air-mile radius exemption (§395.1(e)) have in his/her possession?

Guidance: None.

Question 14: Must a motor carrier retain 100-air-mile driver time records at its principal place of business?

Guidance: No. However, upon request by an authorized representative of the Federal Highway Administration (FHA) or State official, the records must be produced within a reasonable period of time (2 working days) at the location where the review takes place.

Question 15: May an operation that changes its normal work-reporting location on an intermittent basis utilize the 100-air-mile radius exemption?

Guidance: Yes. However, when the motor carrier changes the normal reporting location to a new reporting location, that trip (from the old location to the new location) must be recorded on the record of duty status because the driver has not returned to his/her normal work reporting location
.
Question 16: May a driver use a record of duty status form as a time record to meet the requirement contained in the 100-air-mile radius exemption?

Guidance: Yes, provided the form contains the mandatory information.

Question 17: Is the mandatory information referred to in the previous guidance that required of a normal RODS undersection 395.8(d) that of the 100-air-mile radius exemption under section 395.1(e)(5)?

Guidance: The mandatory information referred to is the time records specified by §395.1(e)(5) which must show: (1) the time the driver reports for duty each day; (2) the total number of hours the driver is on duty each day; (3) the time the driver is released from duty each day; and (4) the total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.
Using the RODS to comply with §395.1(e)(5) is not prohibited as long as the RODS contains driver identification, the date, the time the driver began work, the time the driver ended work, and the total hours on duty.

Question 18: Must the drivers name and each date worked appear on the time record prepared to comply with §395.1(e), 100-air-mile radius driver?

Guidance: Yes. The drivers name or other identification and date worked must be shown on the time record.

Question 19: May drivers who work split shifts take advantage of the 100-air-mile radius exemption found at §395.1(e)?

Guidance: Yes. Drivers who work split shifts may take advan-tageofthe100-air-mileradiusexemption if:1. The drivers operate within a 100-air-mile radius of their normal work-reporting locations; 2. The drivers return to their work-reporting locations and are released from work at the end of each shift and each shift is less than 12 consecutive hours; 3. The drivers are off-duty for more than 8 consecutive hours before reporting for their first shift of the day and spend less than 12 hours, in the aggregate, on-duty each day; 4. The drivers do not exceed a total of 10 hours driving time and are afforded 8 or more consecutive hours off-duty prior to their first shift of the day; and 5. The employing motor carriers maintain and retain the time records required by 395.1(e)(5) .

Question 20: May a driver who is taking advantage of the 100-air-mile radius exemption in §395.1(e) be intermittently off-duty during the period away from the work-reporting location?

Guidance: Yes, a driver may be intermittently off-duty during the period away from the work-reporting location provided the driver meets all requirements for being off-duty. If the drivers period away from the work-reporting location includes periods of off-duty time, the time record must show both total on-duty time and total off-duty time during his/her tour of duty. In any event, the driver must return to the work-reporting location and be released from work within 12 consecutive hours.

Question 21: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?

Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. A driver must begin to prepare the record of duty status for the day immediately after he/she becomes aware that the terms of the exemption cannot be met The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.
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When they go outside the circle then they have to follow the normal rules.

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.3

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.8

You can use time cards if you like and when the driver goes outside the circle then he has to log for that time only. Many companies that have local drivers will make them all log just because they have a few drivers go outside the circle but they are more frequent than you. It's a personal choice. Either way is acceptable. You have to consider record keeping which you have to store for 6 months in case of an audit. To me time cards would be easier to use as payroll records. Logbooks are just an added expense when you don't go outside the circle often. I would have the drivers fill out a daily vehicle inspection report (DVIR).

If you are going to be in the business learn and know the regulations. It will save you a bundle.

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.aspx?section_type=A

MJ1657 · Mar 13, 2014

I sometimes park at home and sometimes at our shop 20 miles away. If I'm reading question 15 correctly it appears that is ok. Is that how everyone else I'd interpreting that?

CondoCruiser · Mar 13, 2014

As long as you are inside the circle it shouldn't be an issue. Your workplace is still the same. It's more of a personal conveyance thing parking at home. They would almost have to come to your house to prove different which will never happen.

Allow Me. · Mar 13, 2014

To simplify it, just get a log book and enter "local" every day that you are local. Then when you run out of the 100 mi radius, run your log book that day and you'll also have your previous 8 days with you in case you need to show it.

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