Hey guys. I know there are a few AZ based hotshots here, wondering if you could chime in.
Do you log On-Duty Driving for INTRAstate loads here?
Disclaimer: Yes it would make sense to log all work related driving because when you do go out of state and get asked for 7 days of logs, all that off-duty personal conveyance time across AZ will look suspicious to the DOT officer in some far-away state. BUT... Arizona's definition of a CMV is over 26,001 lbs registered/gross operated in commerce. The FMCSR does not regulated what you do intrastate because their definition of CMV is 'operated in interstate commerce'. (As an aside, that is why I could run Off Duty Personal Conveyance cross three states yesterday for 13 hours, deadheaded home after delivering load. Called scale houses in CO, NM, and AZ and they all said if you have no load, skip the scale)- that's maybe for another thread..
Anyway, Arizona has no provision in law requiring HOS management if you are intrastate, under 26,001 lbs. You are not operating a CMV. (generally, Hazmat and other things come into play, but irrelevant to my question)
I don't think you have to log your intrastate-only loads here in AZ, the problem will be explaining that to the DOT officer reviewing your logs in some other distant state next week when you do take a longer run.
What do you know/do?
Any AZ under 26,001 lbs?
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Respectfully, I don't think the DOT numbers would make a difference. I am new to the industry however. I certainly know that there is the law, and then there is the law that is enforced. Two vastly different things oftentimes.
But never have I ever seen a state statute or federal regulation mentioning numbers being displayed or not having affect on this
You are legal to skip logging the AZ intrastate time only while in AZ. Once you reenter interstate commerce all hours worked for the past 7 days must be accounted for, just like coming back across the Canadian border and switching back to US hours of service instead of Canadian HOS. So if you alternate between the two then log it always for Federal compliance.
Question 4: Must drivers, alternating between interstate and intrastate commerce, record their intrastate driving time on their record of duty status?
Yes, to account for all on-duty time for the prior 7 or 8 days preceding an interstate movement.
As for your "skip the scales when empty" reply that comes from DOT officers they are flat out wrong. I don't think they understood the question.
You can not PC across 13 states just because you are empty unless you have no idea where your next dispatch is coming from. For example, if you regularly go back to AZ then leave out with a load it could be argued that returning "home" to AZ would be in furtherance of commerce.
Below is guidance from the FMCSA on the current personal conveyance allowances. Questions 1 & 11 speak directly to your statement about being bale to bypass weight stations while on PC time.
Personal Conveyance: Frequently Asked Questions | FMCSA
May a driver, who drops his or her last load at a receiver’s facility use personal conveyance to return to their normal work location (i.e. home or terminal?)
No. Returning home or to the terminal from a dispatched trip is a continuation of the trip, and therefore cannot be considered personal conveyance.
Can a driver be inspected during personal conveyance? If so, what is the driver’s duty status during the inspection?
Yes. Since the driver is still subject to the FMCSRs, the driver or vehicle can be inspected. The driver’s duty status would be “on-duty, not driving.” during the inspection.not4hire Thanks this.
Plus one thing to keep in mind is the load has to be intrastate, not the driver.. What that means is if you are relaying a load that crossed state lines even though you personally never leave the state, you are subject to FMCSA, and all the federal regs they make.
So, moral of the story, it doesn't matter what is right in court, what matters is the understanding and enforcement action of the person that has you stopped on the side of the road at the moment. Better safe than sorry, and log everything.
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