ELD requirement for under 26000?

The limit is only 10,000 lbs if you cross state lines (Federal definition), which invokes the medical card and log book requirements (but not drug testing). My state defines a commercial vehicle (requires log books) at 26,000 lbs only. So in state, no log books until over 26K HERE. 100 mile limit is irrelevant, short haul exemption is irrelevant, home every night is irrelevant.

If not crossing state lines, ignore the Fed rules and look up state rules, only.

 

A question that I have concerning the 100/150 mile radius exemption. Would a driver claiming the short haul exemption need to carry the hourly book with them while driving at any time?

The way that I read the code is that you are exempt from having to show any proof of hours worked while driving and the time card shall be kept at the home office.

I called various agencies and got varying answers nation wide, I was even told by one DOT officer over the phone that I could not use this exemption until I quoted the code and had him look it up, his tone of voice was not happy after he read the statute.

 

There are some other nuances for what constitutes a CMV, but essentially, federal rule states that over 10K pounds then it is a CMV. It could still be a CMV if under 10K and placarded for HM.
If he is NOT operating the federal definition of a CMV in INTERstate commerce then he can fall under the 150-mile rule. State laws vary.

 

FMCSA rule: no he does not need the timecard in his possession unless he is on a 16-hour big-day exemption. The company (or he himself if he IS the company) needs to produce it if audited however. Many short-haul drivers carry a time-card "book" with them anyway to reduce the roadside arguments about this.

 

While true,, and yes I am talking federal rules, the 100 is for CDL required CMV's, while the 150 is NON-CDL required CMV's. So he will fall under the 150 mile rule as he is over 10K, meaning he is a CMV, but under 26K

Here are the regs..

(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license. Except as provided in this paragraph, a driver is exempt from the requirements of §§395.3(a)(2), 395.8, and 395.11 and ineligible to use the provisions of §395.1(e)(1), (g), and (o) if:

(i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver's license is not required under part 383 of this subchapter;
(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;​

Of course there are the other normal 12 hour, start/stop, and such provisions. If needed I'll look up the difference in driving a CMV, and driving a CDL required CMV. Mainly it's that if it's over 26k lbs it requires a CDL. The range of 10k to 26k is a CMV yes, but a CMV that does not need a CDL (Unless the trailer is 10k+ alone)

 

If he is over 12 hours, he needs to log it. He does not need the previous 7 days. The 16 hour rule really doesn't matter, as it's the same as if he goes over 12 hours.
Again, here is the guidance.

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 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.

 

I have the chance every now and then to operate under the 150 mile exemption, I keep a log of driving time and even just office time with notes of the type of work being done for future reference, lots of office work from time to time. Drive on the exemption, park everything for a day or two and then run on logbook time to reach my delivery point.

Load pickup and the return to my home terminal is made in less than 12 hours but one day was a load and go on the logbook, no issues yet but I am sure that there will be questions sooner or later. I am my own company doing this on a part time basis until early retirement next year, then I will run only 8 days in a rolling 30 days.

 

Sure, if he deviates from the 100/150 exemption other regs do kick in. His question was:
"A question that I have concerning the 100/150 mile radius exemption. Would a driver claiming the short haul exemption need to carry the hourly book with them while driving at any time?
The way that I read the code is that you are exempt from having to show any proof of hours worked while driving and the time card shall be kept at the home office."

While claiming the exemption, he is by definition under 12 hours. And he does not need timecard documentation with him.